Welcome to SVNLabs. The following agreement (the
“Agreement”) contains the terms and conditions that govern your use of
the Website. Your use of the Website constitutes acceptance of the terms
of this Agreement.
If you do not agree with any of these terms, do not access or
otherwise use the Website or any information or materials contained on
Website. Your use of Website shall be deemed to be your agreement to
abide by each of the terms set forth below.
The owner reserves the right to add, delete, and/or modify any of the
terms and conditions contained in this Agreement, at any time and in
his sole discretion, by posting a change notice or a new agreement on
the Website. In the event of substantive changes to this Agreement, the
new terms will be posted to the Website and you may also be notified by
email. If any modification is unacceptable to you, your only recourse is
not to use the Website. Your continued use of the Website following
posting of a change notice or new Agreement on the Website will
constitute binding acceptance of the changes.
1. Use of the Website
1.1. Eligibility. We will only knowingly provide the Website to
parties that can lawfully enter into and form contracts under applicable
law. The Website is not for children under the age of 18 and any such
use is prohibited.
1.2. Compliance with the Agreement and Applicable Law. You must
comply with all of the terms and conditions of this Agreement, the
applicable agreements and policies referred to below, and all applicable
laws, regulations, and rules when you use Website.
1.3. Your License to Use the Web Site and the Website Service.
1.3.1. The owner owns or licenses all intellectual property and other
rights, title, and interest in and to Website, and the materials
accessible on and/or through Website. For example, and without
limitation, trademarks, copyrights, and certain technology used in
providing the Website. You will not acquire any right, title or interest
therein under this Agreement or otherwise unless expressly provided for
herein. You make not use any trademark, copyright protected work,
picture, video, or likeness.
1.3.2. You have a limited revocable license to access and use the
Website–and any products or services you purchase on the Website—for its
intended purposes, subject to your compliance with this Agreement. This
license does not include the right to collect or use information for
purposes prohibited by us or to compete with us. If you use Website in a
manner that exceeds the scope of this license or breaches any relevant
agreement, I may revoke the license granted to you.
1.4. Third-Party Services. We may provide links on Website to other
websites that are not affiliated with, under the control of, or
otherwise maintained by us, and may use third parties to provide certain
services accessible through Website. We do not control those third
parties or their services, and you agree that we will not be liable to
you in any way for your use of such services. We do not endorse or make
any representations or warranties about third party sites or any
information, software, or other products or services found there.
2. General Rules
2.1. Prohibited Use. You may not cause harm to Website. Specifically,
but not by way of limitation, you may not: (i) interfere with Website
by using viruses or any other programs or technology designed to disrupt
or damage any software or hardware; (ii) modify, create derivative
works from, reverse engineer, decompile or disassemble any technology
used to provide Website; (iii) use a robot, spider or other device or
process to monitor the activity on or copy pages from the Website,
except in the operation or use of an internet “search engine”, hit
counters or similar technology; (iv) collect electronic mail addresses
or other information from third parties by using the Website; (v)
impersonate another person or entity; (vi) engage in any activity that
interferes with another user’s ability to use or enjoy Website; (vii)
assist or encourage any third party in engaging in any activity
prohibited by this Agreement; (viii) co-brand the Website; (ix) frame
the Website; (x) hyper-link to the Website, without the express prior
written permission of an authorized representative; (xi) use the Website
or purchase any product from the Website in Illinois, Wyoming, South
Dakota, or any other locality in which such activities are inconsistent
with applicable laws and/or regulations; or (xii) use any trademark
owned and/or licensed by PRO.
our collection, use, and disclosure of your personal information in
with your personal information.
2.3. Ordering Policies. If you purchase any product and/or service,
you agree that your use of the product or service is limited by this
Agreement as well.
3. Reservation of Rights
3.1. Monitoring. We reserve the right, but does not assume the
obligation, to monitor transactions and communications that occur
through the Website. If we determine, in our sole and absolute
discretion, that you or another Website user has or will breach a term
or condition of this Agreement or that such transaction or communication
is inappropriate, we may cancel such transaction or take any other
action to restrict access to or the availability of any material that
may be considered objectionable, without any liability to you or any
3.2. Modification of the Service. We may modify Website and/or the
Website Service at any time with or without notice to you, and will
incur no liability for doing so.
4. Representations and Warranties
4.1. Mutual Representations and Warranties. Each party represents to
the other that: (i) the party has the full power and authority to enter
into and perform under this Agreement, (ii) execution and performance of
this Agreement does not constitute a breach of, or conflict with, any
other agreement or arrangement by which the party is bound, and (iii)
the terms of this Agreement are a legal, valid, and binding obligation
of the party entering into this Agreement, enforceable in accordance
with these terms and conditions.
4.2. By You. You represent and warrant to us that, in your use of the
Website, you: (i) will not infringe the copyright, trademark, patent,
trade secret, right of privacy, right of publicity or other legal right
of any third party; (ii) will comply with all applicable laws, rules,
and regulations; (iii) will not disrupt or damage any software or
hardware; and (iv) will provide correct, current, and complete billing
and contact information.
5. Disclaimers and Exclusions
5.1. DISCLAIMER OF WARRANTIES. THE OWNER PROVIDES THE WEBSITE, ALL
CONTENT, AND ALL PRO PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE OWNER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT,
OR USE, OR ANY PRO PRODUCT OR USE THEREOF: (i) WILL BE UNINTERRUPTED,
(ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR
REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE
HARDWARE OR SOFTWARE YOU USE. THE OWNER MAKES NO WARRANTIES OTHER THAN
THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
5.2. EXCLUSION OF DAMAGES. THE OWNER WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA
OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE
USE OF WEBSITE AND/OR ANY PRO PRODUCT, BASED ON ANY CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3. LIMITATION OF LIABILITY. IN NO EVENT WILL THE OWNER’s LIABILITY
IN CONNECTION WITH YOUR USE OF WEBSITE, ITS CONTENT, OR ANY PRODUCT
EXCEED THE LESSER OF (i) THE AMOUNT PAID TO THE OWNER BY YOU DURING THE
SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH
LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
6.1. You must indemnify and hold the owner and its employees,
representatives, agents, affiliates, directors, officers, managers and
shareholders (the “Parties”) harmless from any damage, loss, or expense
(including without limitation, attorneys’ fees and costs) incurred in
connection with any third-party claim, demand or action (“Claim”)
brought against any of the Parties alleging that you have breached any
of provision in this Agreement through any act or omission. If you have
to indemnify us under this section, we will have the right to control
the defense, settlement, and resolution of any Claim at your sole
expense. You may not settle or otherwise resolve any Claim without our
express written permission.
7.1. Survival. Upon termination, your license to use Website shall
terminate and the remainder of this Agreement shall survive indefinitely
unless and until we choose to terminate them.
8.1. All notices required or permitted to be given under this
Agreement will be in writing and delivered to the other party by
electronic mail. If we provide notice to you, we will use the contact
information provided by you. All notices will be deemed received as
follows: (i) if by delivery by U.S. mail, seven (7) business days after
dispatch, (ii) if by overnight courier, on the date receipt is confirmed
by such courier service, or (iii) if by electronic mail, 24 hours after
the message was sent, if no “system error” or other notice of
non-delivery is generated. If applicable law requires that a given
communication be “in writing,” you agree that email communication will
satisfy this requirement.
9.1. This Agreement will be binding upon each party hereto and its
successors and permitted assigns, and governed by and construed in
accordance with the law. This Agreement will not be assignable or
transferable by you without our prior written consent. This Agreement
(including all of the policies and other Agreements described in this
Agreement, which are hereby incorporated herein by this reference)
contain the entire understanding of the parties regarding its subject
matter, and supersedes all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. No
failure or delay by a party in exercising any right, power or privilege
under this Agreement will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other such
right, power, or privilege. Any rights not expressly granted herein are
reserved. You and the owners of this site are independent contractors,
and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this Agreement. The invalidity or
unenforceability of any provision of this Agreement will not affect the
validity or enforceability of any other provision of this Agreement,
all of which will remain in full force and effect.
9.2. If you have questions or concerns regarding this Agreement,
contact us by e-mail and writing “Agreement” in the subject line.