Effective: September 19, 2023
YOUR ACCESS TO AND/OR USE OF THIS SITE (THE “CIVILABLE SITE”) OR ANY CONTENT PROVIDED HEREON, INCLUDING, WITHOUT LIMITATION, SUBMISSION OF YOUR CONTACT INFORMATION, CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”) GOVERNING USE OF THE CIVILABLE SITE. YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT.
UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN THE ARBITRATION TERMS PROVIDED IN SECTION XII BELOW, AND EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN SECTION XII BELOW, YOU AGREE THAT ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND CIVILABLE LLC (“CIVILABLE,” “WE” OR “US”) OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THESE TERMS AND/OR YOUR USE OF THE CIVILABLE SITE (EXCEPT AS OTHERWISE PROVIDED IN SECTION XII BELOW) AND ANY OTHER DISPUTES OR CLAIMS BETWEEN YOU AND CIVILABLE OR ANY OF ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES EXCLUSIVELY IN AUSTIN, TEXAS, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST CIVILABLE OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
We may modify the Terms as well as discontinue, withdraw, replace, or change any content provided via the Civilable Site at any time, and your continued access and use of the Civilable Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE CIVILABLE SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
I. DESCRIPTION OF THE CIVILABLE SITE
The Civilable Site provides information regarding Civilable’s and its affiliates’ products and services. Information obtained via the Civilable Site is for your individual use only and may not be further reproduced, published, transmitted, or disseminated without our prior written consent.
II. AUTHORIZATION TO ACCESS THE CIVILABLE SITE
The Civilable Site is provided by a India entity. Accessing the Civilable Site is done at your own risk. You are solely responsible for compliance with your jurisdiction’s laws in connection with your access to and use of the Civilable Site. If you access the Civilable Site from outside India, you consent to the transmission and/or transfer of data relating to you and communications across all applicable international boundaries.
III. USE OF CIVILABLE SITE
You may use the Civilable Site only if you are above the legal age of majority and are otherwise capable of entering into a legally binding agreement with us with respect to these Terms. Your use of the Civilable Site must be in compliance with these Terms and all applicable laws.
As a condition of your use of the Civilable Site, you represent, warrant, and covenant to Civilable that you will not use the Civilable Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Civilable Site in any manner that could damage, disable, overburden, or impair the Civilable Site or interfere with any other party’s use and enjoyment of the Civilable Site. You will not use the Civilable Site for the purpose of obtaining information in order to create your own business or site offering the same or substantially the same products or services.
By way of example, and not as a limitation, you agree that when using the Civilable Site and when submitting any information or content to the Civilable Site, you will not:
- Use a robot, spider, or other automated device, process, or means to access the Civilable Site, or defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Submit, upload, or otherwise disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Civilable Site or third-party systems.
- Send false or misleading information.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of any products, services, or other material or content that is provided to or by you via the Civilable Site.
- Copy any content or frame or link to the Civilable Site.
- Restrict or inhibit any other user from using and enjoying the Civilable Site.
- Harvest or otherwise collect information about others, including contact information such as email addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
Civilable shall have no obligation to monitor the usage of the Civilable Site. However, Civilable reserves the right to review any communications or submissions directed to the Civilable Site and to remove any of the same in its sole discretion. Civilable reserves the right to terminate your access to the Civilable Site at any time without notice for any reason whatsoever. Civilable further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Civilable Site are subject to limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations. You may not use the Civilable Site or its content to send unsolicited email to any recipient that has not specifically made its email available for such purposes. “Mailbombing” (i.e., flooding the site with large or numerous messages) is prohibited.
IV. CHANGES TO CONTENT; MODIFICATION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CIVILABLE SITE
The Civilable Site and content provided via the Civilable Site and/or your access thereto may be suspended or terminated at our sole discretion without notice and for any reason. Termination may be caused by conduct that we determine, at our discretion, violates these Terms or any applicable law, is harmful to our interests or another user, or if we no longer offer the Civilable Site or our services.
V. INFORMATION PROVIDED TO THE CIVILABLE SITE
Civilable does not accept any unsolicited suggestions for products, services, or other concepts or ideas relating to Civilable’s or its affiliates’ business from third parties. In the event that you nevertheless submit any ideas, suggestions, or other information relating to an existing or new product, service, or other information in which proprietary rights could be claimed, via the Civilable Site (collectively, a “Submission”), you agree that Civilable will become, as between you and Civilable, the sole and exclusive owner of all rights, title, and interests with respect to such Submission without the requirement of any compensation or attribution to you of any kind now or in the future. You agree to waive and forfeit to Civilable all rights to the Submission and the concepts embodied therein. You also unconditionally assign and transfer to Civilable any and all rights, title, interest, and claim, which you now have, or may in the future have, to the Submission or any element(s) thereof, including, without limitation, any copyright, trade secret, patent right, or other intellectual property or proprietary right therein. Civilable will have the right to use, assign, or dispose of the Submission in its sole and absolute discretion without your approval. You further agree to waive any and all rights against Civilable or any of its affiliates relating to the Submission and further covenant not to pursue any claim, action, or proceeding of any kind or nature whatsoever against Civilable or any of its affiliates relating to the Submission. By submitting any testimonial or other content containing your name, image, likeness, voice, and biographic materials, you grant to Civilable the right to use the same as well as any other form of Submission for advertising, publicity, and promotional purposes, including, without limitation, online announcements and postings, without compensation, unless prohibited by law.
Additionally, by registering, posting, uploading, inputting, or otherwise submitting your name, address, and other contact information or any other content that you may provide to the Civilable Site, you grant to Civilable and its contractors and their respective affiliated companies permission to use such information and content in connection with the operation of the Civilable Site and marketing of our services to you, including contacting you and sending you emails and other communications. No compensation will be paid with respect to the use of such information or content. Said permission is transferable by Civilable to an acquirer in connection with a business or asset sale. Civilable is under no obligation to post or use any information or content that you may provide and may remove any such information or content at any time in its sole discretion. By posting, uploading, inputting, providing, or submitting such information or content, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information and content as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit such information and content, and that such information and content does not infringe or otherwise violate any third-party intellectual property or other right.
Always use caution when giving out any personally identifying information about yourself via any website. Civilable does not control or endorse the content, messages, or information found in any communication sent by you to the Civilable Site or to you from any third party and, therefore, Civilable specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Civilable spokespersons, and their views do not necessarily reflect those of Civilable.
When you visit the Civilable Site or send emails to Civilable, you are communicating with Civilable electronically, and by doing so, you consent to receive communications from Civilable electronically. Civilable may communicate with you by email or by other means. You agree that all agreements, notices, disclosures, and other communications that Civilable provides to you electronically satisfy any legal requirement that such communications be in writing.
You agree that Civilable may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. You agree that Civilable may disclose your personally identifiable information to its successors-in-interest or in connection with a merger or acquisition transaction, or change of control.
VI. SECURITY
Civilable reserves the right to take all action, as it deems necessary or reasonable, to maintain the security of the Civilable Site, including, without limitation, suspending access to or use of the Civilable Site. If Civilable communicates with you via unencrypted email from time to time at your request and/or with your consent, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. In no event will Civilable be liable to you or any third party for any liability or damage resulting from or arising out of: (i) any action or inaction of Civilable under this provision; (ii) any compromise of the confidentiality of your information; and (iii) any action or inaction by us regarding your access to or use of the Civilable Site.
You may not tamper with the Civilable Site or commit unauthorized intrusion into any part of the Civilable Site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You acknowledge and agree that the Civilable Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third-party attacks, or other issues, and Civilable shall have no liability with respect thereto.
VII. THIRD-PARTY CONTENT AND SERVICES
These Terms govern the use of Civilable Site content. You may also be required to confirm acceptance of additional terms provided by third parties if accessing other sites via the Civilable Site. These Terms do not apply to other websites, which are subject to separate terms. Through the Civilable Site, you may have the ability to access content provided by third parties and links to websites and services maintained by third parties. Civilable cannot guarantee that such third-party content, websites, or services will be free of malware or other malicious code that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access and use, such third-party content.
VIII. INTELLECTUAL PROPERTY
All information and materials on the Civilable Site, including, without limitation, the text, graphics, logos, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Civilable Site, and our branding are the intellectual property of Civilable and/or its affiliates or licensors. Copyright © 2023 Civilable and/or its affiliates or licensors. All rights reserved. None of the content of the Civilable Site may be copied, downloaded, transmitted, or otherwise reproduced, disseminated, or exploited in any form or manner without the express prior written permission of Civilable. The information and materials are protected by copyright and other intellectual property laws, and all ownership rights remain with Civilable, its affiliates, or licensors, as applicable.
The CIVILABLE word mark and logo and our other product or service brands used on the Civilable Site are trademarks of Civilable or its affiliates and licensors. All rights not expressly granted herein are reserved. No interest or right to use any such trademarks is acquired by accessing the Civilable Site. The Civilable Site may also contain trademarks owned by various third parties. Nothing contained on the Civilable Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Civilable.
IX. DISCLAIMERS
THE CIVILABLE SITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CIVILABLE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CIVILABLE DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE CIVILABLE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CIVILABLE FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS TO OR USE OF THE CIVILABLE SITE OR ANY RELATED CONTENT OR DATA. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE CIVILABLE SITE AND/OR SUCH CONTENT IS AT YOUR OWN RISK.
X. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVILABLE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE CIVILABLE SITE; (B) ANY CONDUCT OR CONTENT ON THE CIVILABLE SITE OR ANY SITE LINKED TO FROM THE CIVILABLE SITE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY INFORMATION PROVIDED TO CIVILABLE. IN NO EVENT SHALL CIVILABLE’S OR ITS AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE CIVILABLE SITE EXCEED THE AMOUNT PAID BY YOU TO CIVILABLE RELATED TO USE OF THE CIVILABLE SITE, IF ANY. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE CIVILABLE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XI. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Civilable, its affiliates, and licensors, and their respective owners, employees, agents, contractors, officers, managers, representatives, successors, and assigns (collectively, the “Civilable Indemnified Parties”) from any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney’s fees and other legal expenses) that they may sustain or incur arising from your use of the Civilable Site, your failure to comply with any applicable laws and regulations, your breach of any of your representations, warranties, or obligations set forth in this Agreement, or any other act or omission by you. Notwithstanding the foregoing, you shall not settle any such claim, suit, or proceeding without the written consent of the applicable Civilable Indemnified Parties. As used in these Terms
