Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by Bottomline Shoes the proprietary concern of Mr. Zoheb Tejani, an adult of Mumbai, Indian inhabitant, carrying on business in the firm name and style “Bottomline Shoes” from its address at : Mazgaon, Mumbai- 400010 India (hereinafter referred to as "Bottomline Shoes" or “BLS”).
SECTION 1 – YOUR ACCOUNT:
1.2. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
1.3. You agree that Bottomline Shoes shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform or failed to preserve the confidentiality of Your Account.
1.4. If You share or allow others to have access to Your account on the Platform (“Account”), by sharing Your account password, creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. In such circumstances, You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
1.6. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 –CONDITIONS RELATING TO SALE OF PRODUCTS TO YOU
2.1. This section deals with conditions relating to the sale of products on the Platform by Us to You.
2.2. Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
2.3. Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
2.4. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and/or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using the Payment Facility.
2.5. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
2.6. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Platform features immediately upon Delivery or Non Delivery within the time period as provided in Policies. Non notification by You of Delivery or Non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
2.7. Bottomline Shoes reserves the right to impose limits on the number of Transactions or Transaction Price which Bottomline Shoes may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
2.8. Bottomline Shoes reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Bottomline Shoes or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
2.9. Bottomline Shoes may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Bottomline Shoes. As a result of such check if Bottomline Shoes is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Bottomline shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Bottomline Shoes.
2.10. Bottomline Shoes may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Bottomline Shoes deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Bottomline Shoes may hold Transaction Price and Bottomline Shoes may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
2.11. The Buyer and Seller acknowledge that Bottomline Shoes will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Bottomline Shoes.
2.12. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
2.13. Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2.14. Please review our Returns Policy below, which applies to products sold by Us to You:
2.15.1 Products are returnable within a return window of 7 days if you’ve received them in a condition that is physically damaged, has missing parts or accessories, defective or different from their description on the product detail page on www.bottomlineshoes.com.
2.15.2 Return will be processed only if:
a. It is determined that the product was not damaged while in your possession;
b. The product is not different from what was shipped to you;
c. The product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and all the accessories therein).
1. Products may not be eligible for return in some cases, including cases of buyer's remorse such as incorrect model or colour of product ordered or incorrect product ordered.
2. Products marked as "non-returnable" on the product detail page cannot be returned.
3. Additional information is not required to return an eligible order unless otherwise noted in the category specific policy.
4. If you've received a non-returnable product in a damaged/defective condition, you can contact us within 7 days from the delivery of the product.
2.15. We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
2.16. All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
2.17. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
2.18. Use of www.bottomlineshoes.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may purchase only with the involvement of a parent or guardian.
2.19. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.20. We reserve the right to refuse service to anyone for any reason at any time.
2.21. When You visit www.bottomlineshoes.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
2.22. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
2.23. We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
2.24. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
2.25. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
2.26. These conditions are governed by and construed in accordance with the laws of India and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
SECTION 3 – OTHER TERMS AND CONDITIONS:
3.1. Access to www.bottomlineshoes.com: We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
3.2. License to access Platform: Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Bottomline Shoes grants you a limited licence to access and make personal use of this Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bottomline Shoes and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This Platform or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Bottomline Shoes and / or its affiliates, as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bottomline Shoes and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Bottomline Shoes or its affiliates' names or trademarks without the express written consent of Bottomline Shoes and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Bottomline Shoes and / or its affiliates, as applicable. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page www.bottomlineshoes.com as long as the link does not portray Bottomline Shoes, www.bottomlineshoes.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bottomline Shoes logo or other proprietary graphic or trademark as part of the link without express written consent of Bottomline Shoes and / or its affiliates, as may be applicable.
3.3. Your Conduct: You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Bottomline Shoes, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
3.3.1 For fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
3.3.2 To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.
3.3.3 To cause annoyance, inconvenience or needless anxiety to any person.
3.4. Reviews, comments, communications and other content: Users of this Platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. www.bottomlineshoes.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of www.bottomlineshoes.com violates these Conditions of use and, or terminate your permission to access or use this Platform. If you do post content or submit material, and unless we indicate otherwise, you: Grant Bottomline Shoes and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and Grant Bottomline Shoes and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
3.5. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Bottomline Shoes, including the execution of deeds and documents, at its request.
3.6. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Bottomline Shoes: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable www.bottomlineshoes.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Bottomline Shoes and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
3.7. CLAIMS AGAINST OBJECTIONABLE CONTENT: www.bottomlineshoes.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. [ZT1] Once this procedure has been followed, Bottomline Shoes will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
3.8. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS: All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bottomline Shoes, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Bottomline Shoes and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Bottomline Shoes, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws. You may not systematically extract/ or re-utilise parts of the contents of the website without Bottomline Shoes and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Bottomline Shoes and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Bottomline Shoes and / or its affiliate's (as may be applicable) express written consent.
3.9. INTELECTUAL PROPERTY CLAIMS: Bottomline Shoes and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
3.10. TRADEMARKS: BOTTOMLINE SHOES, Bottomline Shoes, www.bottomlineshoes.com, BLS and other marks indicated on our website are trademarks or registered trademarks of Bottomline Shoes or its subsidiaries (collectively "Bottomline Shoes"), in India and/or other jurisdictions. Bottomline Shoes' graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Bottomline Shoes. Bottomline Shoes' trademarks and trade dress may not be used in connection with any product or service that is not Bottomline Shoes', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bottomline Shoes. All other trademarks not owned by Bottomline Shoes that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bottomline Shoes.
3.11. DISCLAIMER: You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
3.13. USE OF PLATFORM BY CHILDREN: Use of www.bottomlineshoes.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.bottomlineshoes.com only with the involvement of a parent or legal guardian.
3.14. COMMUNICATION: When you visit www.bottomlineshoes.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
3.15. LOSSES: We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
3.16. ALTERATION OF SERVICE OR AMENDEMENTS TO THE CONDITIONS: We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
3.17. EVENTS BEYOND OUR REASONABLE CONTROL: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
3.18. WAIVER: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
3.19. GOVERINING LAW AND JURISDICTION: These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the Courts at Mumbai.
3.20. OUR DETAILS: This website is operated by Bottomline Shoes. You can contact us by sending us a Whatsapp message on: +91-9820389946
3.21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENT: If you believe that your rights are being infringed, you may submit a Notice. We respond expeditiously to rights owners and their agents who submit the Notice to communicate concerns about any alleged infringement. Upon receipt of a Notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice, you grant to Bottomline Shoes the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Bottomline Shoes for all claims brought by a third party against Bottomline Shoes arising out of or in connection with the submission of a Notice.
Important Warning: giving false, misleading or inaccurate information in the Notice to Bottomline Shoes may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
3.22. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.23. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – THIRD PARTY TOOLS/OPTIONAL TOOLS:
4.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
4.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
4.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 – THIRD-PARTY LINKS
5.1. Certain content, products and services available via our Service may include materials from third-parties.
5.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
5.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
5.4. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
6.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
6.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
6.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.5. In no case shall BLS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7 – SEVERABILITY
7.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 8 – TERMINATION:
8.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
8.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
8.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 9 – ENTIRE AGREEMENT:
9.1. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
9.2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 10 – CHANGES TO TERMS OF SERVICE:
10.1. You can review the most current version of the Terms of Service at any time at this page.
10.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.