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TERMS OF USE

Montrose Townsend Wellness Coach

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement madebetween you, whether personally or on behalf of an entity (“user” or “you”) andmontrosetownsend and its affiliated companies (collectively, “firm” or “we” or “us” or “our”),concerning your access to and use of the www.montrosetownsend.co.uk website as well as anyother media form, media channel, mobile website or mobile application related or connectedthereto (collectively, the “Website”). The Website provides; wellness coaching to people signingup to its services. We consequently provide answers based on client’s question and need of theclients about their health and lifestyle. Clients will be directed to a payment page to make theirpayment. They will be able to track their progress on the website by entering their physicalactivities and eating habits. (“Firm Services”). Supplemental terms and conditions or documentsthat may be posted on the Website from time to time, are hereby expressly incorporated into thisAgreement by reference.
Firm makes no representation that the Website is appropriate or available in other locations otherthan where it is operated by Firm. The information provided on the Website is not intended fordistribution to or use by any person or entity in any jurisdiction or country where such distributionor use would be contrary to law or regulation or which would subject Firm to any registrationrequirement within such jurisdiction or country. Accordingly, those persons who choose to accessthe Website from other locations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18)are not permitted to register for the Website or use the Firm Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGINGSUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSOBY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THISAGREEMENT, OR TO MODIFICATIONS THAT FIRM MAY MAKE TO THIS AGREEMENT INTHE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE FIRMSERVICES OR THE WEBSITE.

PURCHASES; PAYMENT

As a client signing up for our service you will be directed to a payment page to make payment,after which you will be able to track your progress on our website by entering your physicalactivities and eating habits. We will bill you through an online billing account for purchases ofproducts and/or services. You agree to pay Firm all charges at the prices then in effect for theproducts you or other persons using your billing account may purchase, and you authorize Firmto charge your chosen payment provider for any such purchases. You agree to make payment

Terms of Use

Using that selected payment method. If you have ordered a product or service that is subject torecurring charges then you consent to our charging your payment method on a recurring basis,without requiring your prior approval from you for each recurring charge until such time as youcancel the applicable product or service. Firm reserves the right to correct any errors or mistakesin pricing that it makes even if it has already requested or received payment. Sales tax will beadded to the sales price of purchases as deemed required by Firm. Firm may change prices atany time. All payments shall be in euro.

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Firm Services via a mobile application, then Firm grants you a revocable,non-exclusive, non-transferable, limited right to install and use the application on wirelesshandsets owned and controlled by you, and to access and use the application on such devicesstrictly in accordance with the terms and conditions of this license. You shall use the applicationstrictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer,disassemble, attempt to derive the source code of, or decrypt the application; (b) make anymodification, adaptation, improvement, enhancement, translation or derivative work from theapplication; (c) violate any applicable laws, rules or regulations in connection with your access oruse of the application; (d) remove, alter or obscure any proprietary notice (including any notice ofcopyright or trademark) of Firm or its affiliates, partners, suppliers or the licensors of theapplication.
(e) use the application for any revenue generating endeavor, commercial enterprise,or other purpose for which it is not designed or intended; (f) make the application available over anetwork or other environment permitting access or use by multiple devices or users at the sametime; (g) use the application for creating a product, service or software that is, directly orindirectly, competitive with or in any way a substitute for the application; (h) use the application tosend automated queries to any website or to send any unsolicited commercial e-mail; or (i) useany proprietary information or interfaces of Firm or other intellectual property of Firm in thedesign, development, manufacture, licensing or distribution of any applications, accessories ordevices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the AppleStore or Google Play to access the Firm Services. You acknowledge that this Agreement isconcluded between you and Firm only, and not with Apple Inc. or Google, Inc. (each an “AppDistributor”), and Firm, not an App Distributor, is solely responsible for the Firm application andthe content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Firm applicationis limited to a non-transferable license to use the Firm application on a device that utilizes theApple iOS or Android operating system, as applicable, and in accordance with the usage rules setforth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Firmis solely responsible for providing any maintenance and support services with respect to the Firmapplication, as specified in this Agreement, or as required under applicable law. Youacknowledge that each App Distributor has no obligation whatsoever to furnish any maintenanceand support services with respect to the Firm application. (3) WARRANTY: Firm is solely

Terms of Use

responsible for any product warranties, whether express or implied by law, to the extent noteffectively disclaimed. In the event of any failure of the Firm application to conform to anyapplicable warranty, you may notify an App Distributor, and the App Distributor, in accordancewith its terms and policies, may refund the purchase price, if any, paid for the Firm application,and to the maximum extent permitted by applicable law, an App Distributor will have no otherwarranty obligation whatsoever with respect to the Firm application, and any other claims, losses,liabilities, damages, costs or expenses attributable to any failure to conform to any warranty willbe Firm’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Firm, not an AppDistributor, is responsible for addressing any claims of yours or any third party relating to the Firmapplication or your possession and/or use of the Firm application, including, but not limited to: (i)product liability claims; (ii) any claim that the Firm application fails to conform to any applicablelegal or regulatory requirement; and (iii) claims arising under consumer protection or similarlegislation.
(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of anythird party claim that the Firm application or your possession and use of the Firm applicationinfringes a third party’s intellectual property rights, the App Distributor will not be responsible forthe investigation, defense, settlement and discharge of any such intellectual property infringementclaim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in acountry that is subject to a U.S. government embargo, or that has been designated by the U.S.government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. governmentlist of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You mustcomply with applicable third party terms of agreement when using the Firm application, e.g., if youhave a VoIP application, then you must not be in violation of their wireless data serviceagreement when using the Firm application. (8) THIRD PARTY BENEFICIARY: Firm and youacknowledge and agree that the App Distributors, and their subsidiaries, are third partybeneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions ofthis Agreement, each App Distributor will have the right (and will be deemed to have accepted theright) to enforce this Agreement against you as a third party beneficiary thereof

SOCIAL MEDIA

As part of the functionality of the Website, you may link your account with online accounts youmay have with third party service providers (each such account, a “Third Party Account”) byeither: (i) providing your Third Party Account login information through the Website; or (ii) allowingFirm to access your Third Party Account, as is permitted under the applicable terms andconditions that govern your use of each Third Party Account. You represent that you are entitledto disclose your Third Party Account login information to Firm and/or grant Firm access to yourThird Party Account (including, but not limited to, for use for the purposes described herein),without breach by you of any of the terms and conditions that govern your use of the applicableThird Party Account and without obligating Firm to pay any fees or making Firm subject to anyusage limitations imposed by such third party service providers. By granting Firm access to anyThird Party Accounts, you understand that (i) Firm may access, make available and store (ifapplicable) any content that you have provided to and stored in your Third Party Account (the“Social Network Content”) so that it is available on and through the Website via your account,including without limitation any friend lists, and (ii) Firm may submit and receive additionalinformation to your Third Party Account to the extent you are notified when you link your accountwith the Third Party Account. Depending on the Third Party Accounts you choose and subject tothe privacy settings that you have set in such Third Party Accounts, personally identifiableinformation that you post to your Third Party Accounts may be available on and through your account on the Website.
Please note that if a Third Party Account or associated service becomesunavailable or Firm’s access to such Third Party Account is terminated by the third party serviceprovider, then Social Network Content may no longer be available on and through the Website.You will have the ability to disable the connection between your account on the Website and yourThird Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THETHIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTSIS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICEPROVIDERS. Firm makes no effort to review any Social Network Content for any purpose,including but not limited to, for accuracy, legality or non-infringement, and Firm is not responsiblefor any Social Network Content. You acknowledge and agree that Firm may access your e-mailaddress book associated with a Third Party Account and your contacts list stored on your mobiledevice or tablet computer solely for the purposes of identifying and informing you of thosecontacts who have also registered to use the Website. At your request made via email toouremail address listed below, or through your account settings (if applicable), Firm willdeactivate the connection between the Website and your Third Party Account and delete anyinformation stored on Firm’s servers that was obtained through such Third Party Account, exceptthe username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback orother information about the Website or the Firm Services (“Submissions”) provided by you to Firmare non-confidential and Firm (as well as any designee of Firm) shall be entitled to theunrestricted use and dissemination of these Submissions for any purpose, commercial orotherwise, without acknowledgment or compensation to you

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Firmmakes it available. The Website may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by Firm. Prohibited activity includes, butis not limited to:
A: Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website. B:Attempting to impersonate another user or person or using the username of another user. C:Ciminal or tortious activity. D: Deciphering, decompiling, disassembling or reverse engineering any of the softwarecomprising or in any way making up a part of the Website. E: Deleting the copyright or other proprietary rights notice from any Website content. F: Engaging in any automated use of the system, such as using any data mining, robotsor similar data gathering and extraction tools. G:Except as may be the result of standard search engine or Internet browser usage,using or launching, developing or distributing any automated system, including,without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline readerthat accesses the Website, or using or launching any unauthorized script or othersoftware H: Harassing, annoying, intimidating or threatening any Firm employees or agentsengaged in providing any portion of the Firm Services to you I:Interfering with, disrupting, or creating an undue burden on the Website or thenetworks or services connected to the Website. J:Making any unauthorized use of the Firm Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means or underfalse pretenses. K:Selling or otherwise transferring your profile.L: systematic retrieval of data or other content from the Website to create or compile,directly or indirectly, a collection, compilation, database or directory without writtenpermission from Firm. M:Tricking, defrauding or misleading Firm and other users, especially in any attempt tolearn sensitive account information such as passwords. N:Using any information obtained from the Website in order to harass, abuse, or harmanother person. O:Using the Firm Services as part of any effort to compete with Firm or to provideservices as a service bureauP:using the Website in a manner inconsistent with any and all applicable laws andregulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Firm Content”) and the trademarks, service marks and logoscontained therein (“Marks”) are owned by or licensed to Firm, and are subject to copyright andother intellectual property rights under Netherlands and foreign laws and internationalconventions. Firm Content, includes, without limitation, all source code, databases, functionality,software, website designs, audio, video, text, photographs and graphics. All Firm graphics, logos,designs, page headers, button icons, scripts and service names are registered trademarks,common law trademarks or trade dress of Firm in the Netherlands and/or other countries. Firm’strademarks and trade dress may not be used, including as part of trademarks and/or as part ofdomain names, in connection with any product or service in any manner that is likely to causeconfusion and may not be copied, imitated, or used, in whole or in part, without the prior writtenpermission of the Firm
Firm Content on the Website is provided to you “AS IS” for your information and personal useonly and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast,displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without theprior written consent of the respective owners. Provided that you are eligible to use the Website,you are granted a limited license to access and use the Website and the Firm Content and todownload or print a copy of any portion of the Firm Content to which you have properly gainedaccess solely for your personal, non-commercial use. Firm reserves all rights not expresslygranted to you in and to the Website and Firm Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Firm Services) links toother websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software and other content or itemsbelonging to or originating from third parties (the “Third Party Content”).
Such Third PartyWebsites and Third Party Content are not investigated, monitored or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for any Third Party Websitesaccessed through the Website or any Third Party Content posted on, available through orinstalled from the Website, including the content, accuracy, offensiveness, opinions, reliability,privacy practices or other policies of or contained in the Third Party Websites or the Third PartyContent. Inclusion of, linking to or permitting the use or installation of any Third Party Website orany Third Party Content does not imply approval or endorsement thereof by us. If you decide toleave the Website and access the Third Party Websites or to use or install any Third PartyContent, you do so at your own risk and you should be aware that our terms and policies nolonger govern. You should review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Website or relating to anyapplications you use or install from the Website. Any purchases you make through Third PartyWebsites will be through other websites and from other companies, and Firm takes noresponsibility whatsoever in relation to such purchases which are exclusively between you andthe applicable third party.

SITE MANAGEMENT

Firm reserves the right but does not have the obligation to:
A:monitor the Website for violations of this Agreement;B.take appropriate legal action against anyone who, in Firm’s sole discretion, violatesthis Agreement, including without limitation, reporting such user to law enforcementauthorities;C.in Firm’s sole discretion and without limitation, refuse, restrict access to or availabilityof, or disable (to the extent technologically feasible) any user’s contribution or anyportion thereof that may violate this Agreement or any Firm policy;D.inFirm’s sole discretion and without limitation, notice or liability to remove from theWebsite or otherwise disable all files and content that are excessive in size or are inany way burdensome to Firm’s systems;E.otherwise manage the Website in a manner designed to protect the rights andproperty of Firm and others and to facilitate the proper functioning of the Website.

PRIVACY POLICY

We care about the privacy of our users. Please review the Firm Privacy Policy. By using theWebsite or Firm Services, you are consenting to have your personal data transferred to andprocessed in the Netherlands. By using the Website or the Firm Services, you are consenting tothe terms of our Privacy Policy

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise auser or member of the Website, as applicable. You may terminate your use or participation at anytime, for any reason, by following the instructions for terminating user accounts in your accountsettings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, FIRM RESERVES THERIGHT TO, IN FIRM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE WEBSITE AND THE FIRM SERVICES, TO ANY PERSON FORANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THISAGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND FIRM MAYTERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE FIRM SERVICES,DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVEPOSTED AT ANY TIME, WITHOUT WARNING, IN FIRM’S SOLE DISCRETION.
In order to protect the integrity of the Website and Firm Services, Firm reserves the right at anytime in its sole discretion to block certain IP addresses from accessing the Website and FirmServices.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need tosurvive the termination or expiration of this Agreement, shall be deemed to survive for as long asnecessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF FIRM’STHIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDINGSUNDAYS AND HOLIDAYS. TO CANCEL, CALL A FIRM CUSTOMER CAREREPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACTINFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOURACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING INSTATES WITH SUCH LAWS.
If Firm terminates or suspends your account for any reason, you are prohibited from registeringand creating a new account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, Firm reserves the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Firm may modify this Agreement from time to time. Any and all changes to this Agreement will beposted on the Website and revisions will be indicated by date. You agree to be bound to anychanges to this Agreement when you use the Firm Services after any such modification becomeseffective. Firm may also, in its discretion, choose to alert all users with whom it maintains emailinformation of such modifications by means of an email to their most recently provided emailaddress. It is therefore important that you regularly review this Agreement and keep your contactinformation current in your account settings to ensure you are informed of changes. You agreethat you will periodically check the Website for updates to this Agreement and you will read themessages we send you to inform you of any changes. Modifications to this Agreement shall beeffective after posting

To Services

Firm reserves the right at any time to modify or discontinue, temporarily or permanently, the FirmServices (or any part thereof) with or without notice. You agree that Firm shall not be liable to youor to any third party for any modification, suspension or discontinuance of the Firm Services

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, youunderstand and agree that Firm is under no obligation to become involved. In the event that youhave a dispute with one or more other users, you hereby release Firm, its officers, employees,agents and successors in rights from claims, demands and damages (actual and consequential)of every kind or nature, known or unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way related to such disputes and/or the Firm Services.

With Firm

A: Governing Law; Jurisdiction.This Agreement and all aspects of the Website andFirm Services shall be governed by and construed in accordance with the internallaws of the state of [name], Netherlands without regard to conflict of law provisions.With respect to any disputes or claims not subject to informal dispute resolution orarbitration (as set forth below), you agree not to commence or prosecute any action inconnection therewith other than in the state and federal courts located in theNetherlands, and you hereby consent to, and waive all defenses of lack of personaljurisdiction and forum non convenient with respect to, venue and jurisdiction in suchstate and federal courts.Application of the United Nations Convention on Contracts forthe International Sale of Goods is excluded from this Agreement.Additionally,application of the Uniform Computer Information Transaction Act (UCITA) is excludedfrom this Agreement.In no event shall any claim, action or proceeding by you relatedin any way to the Website or Firm Services be instituted more than two (2) years afterthe cause of action arose.

B:Informal Resolution.To expedite resolution and control the cost of any dispute,controversy or claim related to this Agreement (“Dispute”), you and Firm agree to firstattempt to negotiate any Dispute (except those Disputes expressly provided below)informally for at least 30 days before initiating any arbitration or court proceeding.Such informal negotiations commence upon written notice from one person to theother.

appropriate, the NAA’s Supplementary Procedures for Consumer Related Disputes(“NAA Consumer Rules”), both of which are available at the NAA website. Thedetermination of whether a Dispute is subject to arbitration shall be governed by theFederal Arbitration Act and determined by a court rather than an arbitrator. Yourarbitration fees and your share of arbitrator compensation shall be governed by theNAA Consumer Rules and, where appropriate, limited by the NAA Consumer Rules. Ifsuch costs are determined by the arbitrator to be excessive, Firm will pay allarbitration fees and expenses. The arbitration may be conducted in person, throughthe submission of documents, by phone or online. The arbitrator will make a decisionin writing, but need not provide a statement of reasons unless requested by a party.The arbitrator must follow applicable law, and any award may be challenged if thearbitrator fails to do so. Except where otherwise required by the applicable NAA rulesor applicable law, the arbitration will take place in Netherlands. Except as otherwiseprovided in this Agreement, you and Firm may litigate in court to compel arbitration,stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgmenton the award entered by the arbitrator.
D:Restrictions.You and Firm agree that any arbitration shall be limited to the Disputebetween Firm and you individually. To the full extent permitted by law, (1) noarbitration shall be joined with any other; (2) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class action procedures;and (3) there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
E:Exceptions to Informal Negotiations and Arbitration.You and Firm agree that thefollowing Disputes are not subject to the above provisions concerning informalnegotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, orconcerning the validity of any of your or Firm’s intellectual property rights; (2) anyDispute related to, or arising from, allegations of theft, piracy, invasion of privacy orunauthorized use; and (3) any claim for injunctive relief. If this Section is found to beillegal or unenforceable then neither you nor Firm will elect to arbitrate any Disputefalling within that portion of this Section found to be illegal or unenforceable and suchDispute shall be decided by a court of competent jurisdiction within the courts listed forjurisdiction above, and you and Firm agree to submit to the personal jurisdiction of thatcourt

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors,inaccuracies or omissions that may relate to service descriptions, pricing, availability, and variousother information. Firm reserves the right to correct any errors, inaccuracies or omissions and tochange or update the information at any time, without prior notice

DISCLAIMERS

Firm cannot control the nature of all of the content available on the Website. By operating theWebsite, Firm does not represent or imply that Firm endorses any blogs, contributions or othercontent available on or linked to by the Website, including without limitation content hosted onthird party websites or provided by third party applications, or that Firm believes contributions,blogs or other content to be accurate, useful or non-harmful. We do not control and are notresponsible for unlawful or otherwise objectionable content you may encounter on the Website orin connection with any contributions. The Firm is not responsible for the conduct, whether onlineor offline, of any user of the Website or Firm Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND FIRM SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRM, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE WEBSITE AND THE FIRM SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.FIRM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY ORCOMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITESLINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR FIRMSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENTPOSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FIRMDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THEWEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHERADVERTISING, AND FIRM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLEFOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERSOF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BESTJUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL FIRM OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU 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 OFTHE WEBSITE OR FIRM SERVICES, EVEN IF FIRM HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, FIRM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO FIRM FOR THE FIRM SERVICES DURING THE PERIODOF 30DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOUSOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR

INDEMNITY

You agree to defend, indemnify and hold Firm, its subsidiaries, and affiliates, and their respectiveofficers, agents, partners and employees, harmless from and against, any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made by any third partydue to or arising out of your contributed content, use of the Firm Services, and/or arising from abreach of this Agreement and/or any breach of your representations and warranties set forthabove. Notwithstanding the foregoing, Firm reserves the right, at your expense, to assume theexclusive defense and control of any matter for which you are required to indemnify Firm, and youagree to cooperate, at your expense, with Firm’s defense of such claims. Firm will use reasonableefforts to notify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Firm shall be given by email to theaddress listed in the contact information below. Any notices given to you shall be given to theemail address you provided during the registration process, or such other address as each partymay specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent,unless the sending party is notified that the email address is invalid. We may also choose to sendnotices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of theperformance of the Firm Services, as well as data relating to your use of the Firm Services.Although we perform regular routine backups of data, you are primarily responsible for all datathat you have transferred or that relates to any activity you have undertaken using the FirmServices. You agree that Firm shall have no liability to you for any loss or corruption of any suchdata, and you hereby waive any right of action against Firm arising from any such loss orcorruption of such data

ELECTRONIC CONTRACTING

Your use of the Firm Services includes the ability to enter into agreements and/or to maketransactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONSCONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAYFOR SUCHAGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALLTRANSACTIONS YOU ENTER INTO RELATING TO THE FIRM SERVICES, INCLUDINGNOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order toaccess and retain your electronic records, you may be required to have certain hardware andsoftware, which are your sole responsibility

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Firm regarding the use of theFirm Services. The failure of Firm to exercise or enforce any right or provision of this Agreementshall not operate as a waiver of such right or provision. The section titles in this Agreement are forconvenience only and have no legal or contractual effect. This Agreement operates to the fullestextent permissible by law. This Agreement and your account may not be assigned by you withoutour express written consent. Firm may assign any or all of its rights and obligations to others atany time. Firm shall not be responsible or liable for any loss, damage, delay or failure to actcaused by any cause beyond Firm’s reasonable control. If any provision or part of a provision ofthis Agreement is unlawful, void or unenforceable, that provision or part of the provision isdeemed severable from this Agreement and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment or agency relationshipcreated between you and Firm as a result of this Agreement or use of the Website and FirmServices. Upon Firm’s request, you will furnish Firm any documentation, substantiation orreleases necessary to verify your compliance with this Agreement. You agree that this Agreementwill not be construed against Firm by virtue of having drafted them. You hereby waive any and alldefenses you may have based on the electronic form of this Agreement and the lack of signing bythe parties hereto to execute this Agreement

CONTACT US

Montrosetownsend
Graaf Florislaan 10, 1217KK, Netherlands
mail@montrosetownsend.co.uk