We reserve the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. You agree that Extropolis will not be liable to you or to any third party for any modification, suspension, or discontinuance of any the Website. These Terms may be unilaterally modified from time to time without notice to you. Such modifications by us are effective upon posting to the Website, and your access to or use of the Website at any time constitutes acceptance of the Terms in effect at the time. It is important that you review these Terms every time you use or access the Website.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE OR ANY PORTION OF IT. BY VIEWING, CONTINUING TO ACCESS, OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS, OR COMPLETING ANY APPLICATION PROCESS VIA THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE WEBSITE.
- Website Access and Electronic Communication
The Website is controlled and operated by us from the United States. We make no representation that any part of the Website, our products, or our services is appropriate or available for use in other locations. Those who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws. We reserve the right to discontinue the Website or to limit the availability of the Website and/or the provision of any product or service offered on or through the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable.
The Website is intended to be used to access our products and services. Not all of the products or services described on this Website are available in all geographic areas of the United States. You may not be eligible for all of the products or services described in this Website. We reserve the right to determine all eligibility for such products or services in our sole discretion.
Consistent with the United States Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not intend to market the Website or any products or services to children under thirteen (13) years of age, and do not knowingly collect personal information or make any active effort to collect personal information from children and do not wish to receive such information. We cannot prevent minors from visiting the Website and must rely upon parents, guardians, and others responsible for supervising children to decide what content is appropriate for such children. If you are under 13 years of age, you are not authorized to use the Website and Services, with or without registering. In addition, if you are under 18 years old, you may use the Website and Services, with or without registering, only with the approval of your parent or guardian.
When you provide any information or material on our Website, you acknowledge and agree that we do not guarantee that the materials will remain available to you or that you will qualify for the products or services we offer.
- Medical and Emergencies Disclaimer
Extropolis is a provider of software and content designed for informational, entertainment, and educational purposes only. We are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services, or other professional services. Only your physician or professional healthcare providers can do that. Extropolis makes no claims, representations, or guarantees that the Services provide any therapeutic benefit.
Use of the Website and Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room. If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Website and Services immediately, call 911 or notify appropriate police or emergency medical personnel.
- Ownership and Restrictions on Use of Website Content
The Website, including but not limited to text, images, audio, video, product and price information, reviews, apps, information, analysis, materials, opinions, responses provided by your Extropolis AI companion, and email newsletters on the Website or from Extropolis (collectively, “Content”) and email newsletters (collectively, “Content”), belong to us or others. No Content from the Website may be captured, reproduced, transferred, sold, licensed, removed, deleted, augmented, published, transmitted, uploaded, reverse engineered, edited, posted, publicly displayed, linked, broadcast, or distributed or exploited by any other means, unless otherwise expressly permitted in writing by us. ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS. If you copy, reproduce, or retransmit any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return, destroy, or recall any copies of the Content you have made.
You may download and use Content displayed on the Website for your personal, non-commercial use only and only so long as you maintain and preserve any Extropolis copyright or proprietary notices. However, you may not download or use the Content for commercial or public uses, unless expressly permitted in writing by us.
For instances in which you reproduce our Content, consistent with the above terms or with express permission of Extropolis, you must place “Used with permission from Extropolis” somewhere near the reproduced Content.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, Extropolis’ computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Website to send altered, deceptive or false source-identifying information; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.
- Accuracy of Website Content
All Website Content is for informational, entertainment, and educational purposes only. While the Content is believed by us to be honest and accurate, we and our third-party providers of Content do not guarantee the accuracy, completeness, usefulness, or timeliness of the Content on the Website. We do not endorse nor have any responsibility for any Content on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
The Content on the Website should never be relied upon as the sole basis for making any decisions to purchase products or services from Extropolis. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the Website. Any reliance on the Content is at your own risk, and you assume any and all risks associated with your purchase decisions. We do not advocate the purchase or sale of any particular products or services.
We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Website and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Website.
- Mobile App
To enjoy Extropolis via your smartphone, your smartphone must satisfy certain system requirements. These requirements can be found on the Google and Apple app marketplaces. To the extent you access the Services through the App, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
By using the App, you agree that we may communicate with you regarding Extropolis and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the App may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your Extropolis account information to ensure that your messages are not sent to the person that acquires your old number.
These Terms apply to your use of the iPhone App available via the Apple, Inc. (“Apple”) App Store and the Android application available via the Google, Inc. (“Google”) Play Store, but the following additional terms also apply to your use of the App:
- Both you and Extropolis acknowledge that the Terms are concluded between you and Extropolis only, and not with Apple and Google, and that Apple and Google are not responsible for the App or the Content;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with a device that you own or control;
- You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Extropolis, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Extropolis, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Extropolis acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
- Both you and Extropolis acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- Extropolis and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-enabled App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-enabled App as a third party beneficiary thereof.
- User Account
Use or functionality of certain aspects of the Website may require you to set up a user account with us (“User Account”).
You can register a User Account by clicking on the “Login” link on the Website and following the instructions for setting up your account. To complete the registration process, you will be required to provide certain information about yourself, including your name, email address, and other information.
By setting up a User Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your User Account password; (d) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (f) to notify us immediately of any unauthorized use of your User Account or password or of any other breach of security regarding your User Account by emailing us at [email].
Note that by setting up a User Account, you represent and warrant that:
- All of the information you submit for your User Account is true and accurate;
- You are at least 18 years of age or your parent or guardian has consented on your behalf to your use of the Website;
- You have reviewed these Terms; and
- You are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
You may cancel your membership at any time by deleting your Account in the app. This action is not reversible. As soon as you delete your Account, all the data associated with your use of the Services will be removed permanently. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You agree that Extropolis has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Website.
- Copyright and Trademarks
Extropolis respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Website if you repeatedly infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Website.
Without limiting any other language in these Terms, you acknowledge and agree that the Website and Content are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in these Terms, you acknowledge and agree that the Website and Content, which includes all associated proprietary rights, are the exclusive property of Extropolis and our licensors. You further acknowledge and agree that all trademarks appearing on the Website and Content are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Website or Content.
- Prohibitions and Rights
You are solely responsible for all conversation, text, information, code, video, images, data, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish, display, or email or otherwise communicate via the Website (hereinafter, “Upload”). The following are examples of the kind of content and/or use that is illegal or prohibited by Extropolis. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Website to:
- Email or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or (vii) in the sole judgment of Extropolis, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Extropolis or its users to any harm or liability of any type;
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website;
- Use, display, mirror, or frame the Website or any individual element within the Website, including our name(s);
- Access, tamper with, or use non-public areas of the Website – e.g. our computer systems, etc.;
- Attempt to probe, scan, or test the vulnerability of any of our systems or networks;
- Breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, any of our providers, or any other third party – e.g. other users, etc.;
- Attempt to access or search the Website through the use of any engine, software, tool, agent, device, or mechanism – e.g. spiders, robots, crawlers, data mining tools, etc. – other than the software and/or search agents provided by us;
- Use any meta tags or other hidden text;
- Use any metadata utilizing our trademark or URL;
- Forge any TCP/IP packet header or any part of the header information in any email or posting;
- Use the Website in any way to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used, contained, or displayed within the Website;
- Interfere with or attempt to interfere with the access of any user, host, or network – e.g. sending a virus, overloading, flooding, spamming, mail-bombing, etc.;
- Collect or store any Personal Information from other users of the Website;
- Access the Website behind proxy servers or URL cloaking techniques; and/or
- Encourage or enable any other individual to do any of the foregoing.
You acknowledge and agree that we have the right to investigate and prosecute violations of any of the above prohibitions or any of these Terms to the fullest extent allowed under applicable law.
You also acknowledge and agree that we do not have an obligation to monitor your access or use of the Website, but we retain the right to do so for the purpose of operating the Website and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law.
Extropolis also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Extropolis, its users and the public. Extropolis also reserves the right to remove Content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
- User Content Submitted to the Website
With respect to the User Content or other materials you upload to the Website, you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Extropolis and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium, or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), provided by you to Extropolis are non-confidential and Extropolis will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Copyright Complaints
Extropolis respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Extropolis of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Extropolis’ Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: [address]
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Extropolis will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Extropolis has adopted a policy of terminating, in appropriate circumstances and at Extropolis’ sole discretion, users who are deemed to be repeat infringers. Extropolis may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Subscriptions and Online Payments
Payment Options. Most purchases of subscriptions through the Website, whether monthly or annual, or through our designated third party payment provider (“Subscriptions”), will require a valid, accepted, credit card or other payment method that we, or our designated third party payment provider, as applicable, in our or their sole discretion, elect to accept as payment.
Payment Terms. For purchases of Subscriptions through the Website, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account or your account with our designated third party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Website while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
Cancellations and Refunds. You may cancel your Subscription at any time. We, or our designated third-party payment provider or app marketplace provider, as applicable, reserve the right to refuse or cancel any purchases or attempted purchases at any time in our sole discretion. Further, we, or our designated third-party payment provider or app marketplace provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
Recurring Billing. Most Subscriptions will consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that your Subscription, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Subscription. WE, OR OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDER, AS APPLICABLE, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR DESIGNATED THIRD-PARTY PAYMENT PROVIDER, AS APPLICABLE.
Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third-party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated third-party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal; Cancellation of Subscriptions. Unless cancelled as described above, your Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Subscription term originally selected by you. You may prevent the renewal of your Subscription at any time during the term of Subscription, including any renewal period, by contacting our designated third-party payment provider, as applicable, or through the app marketplace where you originally acquired the subscription. To view, modify, or cancel your subscription, you may be required to be authenticated under the same user ID by the app marketplace partner.
Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Website, if any, must be used within the specified time of the free trial or promotion, or if not specified, within six (6) months from the start of the free trial or promotion. At our discretion, we may allow you to continue access to the Website following the end of the free trial or other promotion, provided that we may change the terms (including whether or not such Website displays advertising) and/or fees associated with such access, and at such time, you will be required to elect either to accept such fees or terms or to elect either to accept such fees or terms or your account will be reverted to a Extropolis standard account. You may be required to cancel your Subscription before the end of the free trial period or promotional period in order to avoid being charged the then-current, non-promotional Subscription rate and being subject to any new terms. If you cancel prior to the end of the free trial period or promotional period and are inadvertently charged for a Subscription, please contact our designated third-party payment provider to have the charges reversed.
Payments Made Through Partners. The payment methods that we elect to accept for purchase may include one or more payment methods offered by a business partner of Extropolis (“Partner”), in which case your payment may be made directly to the Partner and not to us. In such cases, the Partner will be responsible for your payment, including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
Taxes. Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third-party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your acquisition, purchase, or possession of Subscriptions, except for Sales Taxes as described in this section or as required by applicable law.
- Links and Social Media Services
These Terms only apply to our Website. The Website may include links to third party websites or resources. Because we do not have control over such websites and resources, we do not make any representations about any websites or resources other than our own. You acknowledge and agree that we are not responsible for the availability of such external websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. If provided, you should review the terms and conditions of any linked websites or resources carefully.
In addition, Extropolis is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Extropolis is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Extropolis enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALSO, WE EXPLICITLY DISCLAIM ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE WEBSITE, ANY SERVICE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT DEFECTS WILL BE CORRECTED. THE CONTENT AVAILABLE VIA THE WEBSITE OR SERVICES IS FOR INFORMATIONAL, ENTERTAINMENT, AND/OR EDUCATIONAL PURPOSES ONLY AND MAY NOT BE USED FOR ANY OTHER PURPOSE. CONTENT PROVIDED OR EXPRESSED ON THE WEBSITE, INCLUDING THAT OF THIRD PARTIES, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US.
For clarity, no advice or information, whether oral or written, obtained from us, the Website, Services, or the Content will create any warranty not expressly made herein.
You acknowledge and agree that your access to and use of the Website, Services, and Content is dependent upon access to telecommunication services and internet services. You shall be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Website, Services, and Content.
You agree that your access to and use of the Website, Services, or Content and your purchase of products or services on or through the Website are at your sole risk, whether known or unknown to you.
- Limitation of Liability
Without limiting the foregoing, you also acknowledge and agree that Extropolis and its officers, directors, agents, third-party providers, affiliates, or licensors are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including attorneys’ fees (“Claims”) arising out of or in connection with these Terms or from your access to, use of, or inability to access or use the Website, Content, or products or Services provided on the Website for or arising out of the following:
- Personal or bodily injury, death, or emotional distress;
- Interactions or meetings with other users of the Website or Content or other persons with whom you communicate or interact with as a result of your use of the Website or Content;
- Loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunication services and internet services or the failure of such services that you use to access or use the Website or Content; and
- Any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third party, whether in contract, warranty, strict liability, negligence, or other legal theory regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The foregoing limitations apply even if we have been advised of the possibility of such damages or they are otherwise foreseeable), or if such Claims result from: (a) the use or the inability to use the Website or results of the use of the Website or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (b) the cost of procurement of substitute products or services resulting from any products, data, information, or services obtained or messages received or transactions entered into through, from or as a result of the Website; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the services or Website; or (e) any other matter relating to the products or services we offer or the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Without limiting the foregoing, you acknowledge and agree that if we are found liable for any of the foregoing Claims or for any other Claims arising hereunder, including the breach of these Terms, we and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, or consequential damages, including, without limitation, lost profits, loss of data, loss of goodwill, or the cost of acquiring substitute products or services, whether in contract, warranty, strict liability, negligence, or other legal theory, regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
By accessing the Website, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS OR SERVICES OFFERED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold Extropolis, its officers, its directors, its employees, and its agents harmless from and against any Claims arising out of or in any way connected with:
- Your access to or use of the Website, Services, or Content, including your violation of these terms;
- Any goods or services you may provide or fail to provide; and
- Any agreements or understandings you have with third parties.
You shall cooperate as fully as reasonably required in the defense of any such claim. Extropolis reserves the right, at its own expense, to assume the exclusive defense and control of any matter or portion thereof subject to indemnification by you.
- General Provisions
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction and notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Disputes and Claims
Any and all disputes, demands, or Claims arising from or related to your access to and/or use of the Website, our Content, and/or these Terms shall be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation (which may include mediation if both you and we so agree). If those efforts fail despite such good faith attempts, then the exclusive forum for resolution of any and all such disputes and claims shall be a state or federal court located in the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You and we agree to personal jurisdiction and venue in such court in any such suit or action.
- Controlling Law
- Notice to International Visitors
The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
We make no representation that the Website or any Service is appropriate or available for use beyond the United States of America. If you use the Website or Services from other locations, you are responsible for compliance with applicable local laws.
We may electronically monitor areas of the Website and Services and may disclose any Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Website; or (c) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Website.
Any notices or other communications permitted or required hereunder, must be in writing.
Updated and effective as of: March 2022