1. Acceptance of Terms. The Company agrees to provide you the Services (defined below) subject to the terms of this Service Agreement. The Company reserves the right to modify and/or update the T&Cs, Community Rules and the Internet Policy from time to time. If the Company changes the T&Cs, Community Rules, and/or the Internet Policy we will post the modification on our website or otherwise provide you with notice of the modification.
2. Description of Services. The Company may provide you with reasonable access to office space, non-exclusive access to office space, work stations, internet service (wired and/or wireless), office equipment, conference space, and such other services as the Company may offer from time to time (collectively, the “Services”). If you have been assigned a desk or office in the Premises, the Company reserves the right to relocate you to a different desk or office at any time, with at least ten (10) days’ prior written notice. The Services and the Service Agreement are personal to you and may not be assigned to, transferred to or shared with any other party.
3. Use of Premises. The Premises may only be used for general office purposes and for no other purpose whatsoever without the prior written consent of the Company. You accept the Premises “AS IS” in their presently existing condition. You shall not make or cause to be made any repairs, alterations, additions or improvements, or install or cause to be installed any fixtures, alarm systems, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Premises without first obtaining our written approval. Upon the expiration or termination of this Service Agreement, you shall surrender the Premises in the same condition as they were delivered to you, reasonable wear and tear excepted, deliver all keys and/or access cards to us, and remove all personal property and trade fixtures. The cost to repair any damage to the Premises or our personal property thereon caused by your use of the Premises or the removal of your personal property or trade fixtures shall be deducted from your security deposit.
4. Use of Services. You will comply with all relevant laws and regulations in your use of the Premises and the Services at all times. Without limiting the foregoing, you agree that when on the Premises or using the Services, you will not: adversely affect any fire, liability or other insurance policy carried with respect to the Building, the Premises or any of the contents of the Building or the Premises; adversely overload the floors or otherwise damage the structural soundness of the Premises or the Building, or any part thereof; permit the use, handling, manufacture, production, storage, treatment, disposal or release of any Hazardous Materials on, about or from the Premises, or any part thereof; defame, abuse, injure, annoy, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conflict with or violate any law, statute, ordinance, rule, regulation or requirement of any governmental unit, agency or authority (whether existing or enacted as promulgated in the future, known or unknown, foreseen or unforeseen); use any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; create a false identity for the purpose of misleading others; obstruct any access to the Premises; create any circumstances of disrepair or damage any Company property or the Premises; bring any pets onto the Premises (unless permitted by law); disrupt, cause a nuisance to or interfere with any other user or any user’s access to the Services; or otherwise violate this Service Agreement, including the Community Rules and Internet Policy.
5. Payment Terms.
(a) Upon submitting a signed and completed Service Agreement and Security Deposit, you will deliver to us the monthly fee set forth on the Service Agreement form (the “Service Fee”) for the first month without demand, prorated as of the number of days remaining in such month. Afterward, you will pay the Service Fee monthly, in advance, on the first day of the month through the payment portal provided on page 1 of the Service Agreement form. Should you fail to fulfill the obligations per this
Service Agreement, including paying the Service Fee, the Security Deposit shall be forfeited.
(b) The Company reserves the right to terminate this Service Agreement and cease all Services in the event of a late payment, including any payment which is late due to insufficient funds. If payment for the Service Fee or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying a late fee of 10% on all overdue balances. The Company’s waiver of its termination right for any late payment shall not be deemed a waiver of such right as to any future late payment. The Company reserves the right to withhold the Services, including barring your entry to the Premises while there are any outstanding fees and/or late fees. You agree to waive any and all rights of set off as to the Service Fee.
(c) Upon any breach of this Service Agreement, in addition to any other rights which the Company may have, any discounts which you have been granted will automatically terminate, and all monthly Service Fees for the duration of the original term of the Service Agreement shall be due to the Company.
6. Nature of this Service Agreement. The whole of the Premises remains the Company’s property, and in our possession and control. We are giving you the limited right to share with us the use of the Premises so that we can provide the Services to you. Notwithstanding anything in this Service Agreement to the contrary, we agree that our relationship is not that of landlord-tenant or lessor-lessee and this Service Agreement in no way shall be construed as to grant you any title, easement, estate, tenancy, lien, possession or related rights in our business, the Premises, or anything contained in or on the Premises. This Service Agreement creates no tenancy interest, leasehold estate, or other real property interest. The parties hereto shall each be independent contractors in the performance of their obligations under this Service Agreement, and this Service Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose.
7. Required Disclosures. The Company reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as the Company deems reasonably necessary to satisfy any applicable law, regulation, legal process or governmental request.
(a) You acknowledge and agree that during your participation in and use of the Services you may be exposed to nonpublic, confidential or proprietary information, including any information that you know or have reason to know should be treated as confidential (“Confidential Information”) about or proprietary to the Company or other users of the Services, and that the Company may be exposed to or have access to your Confidential Information.
(b) You will (i) maintain all Confidential Information in strict confidence; (ii) not disclose Confidential Information to any third parties; and (iii) not use Confidential Information in any way directly or indirectly detrimental to the Company or any other user of the Services.
(c) All Confidential Information remains the sole and exclusive property of the respective owner or disclosing party. You acknowledge and agree that nothing in this Service Agreement or your participation in or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of the Company or any member or any user of the Services. Notwithstanding the foregoing, you hereby waive any and all claims against the Company for any exposure or use of your Confidential Information.
(d) You agree that this Service Agreement, and any documentation or correspondence related thereto (including in the context of any dispute) is Confidential Information.
9. Reserved Rights. The Company may enter the Premises at any time for any purpose. The Company may suspend or discontinue any portion of the Services for any reason at any time, however, the Company will attempt to notify you verbally or electronically in advance of such suspension or discontinuance, except in the case of routine maintenance or emergency. The Company may modify or reduce the furnishings in the Premises at any time.
10. Waiver and Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND/OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES AND THE PREMISES, REMAINS WITH YOU AND YOU HEREBY WAIVE ALL RIGHTS OF RECOVERY FOR ANY LOSS RELATED TO YOUR ACCESS TO, PARTICIPATION IN OR USE OF THE SERVICES, INCLUDING IN THE CASE SUCH LOSSES ARE THE RESULT OF THE COMPANY’S NEGLIGENCE OR MISCONDUCT. YOU SPECIFICALLY ACKNOWLEDGE THAT FROM TIME TO TIME THERE MAY BE INTERNET INTERUPTIONS AND COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE RELATING TO SUCH INTERUPTIONS.
11. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SUCCESSORS AND ASSIGNS (“COMPANY AFFILIATES”), JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE THE SERVICES OR THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SERVICE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE COMPANY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability and Remedies. THE ENTIRETY OF YOUR RIGHTS UNDER THIS SERVICE AGREEMENT ARE ENFORCEABLE ONLY AGAINST THE COMPANY, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RIGHTS OF RECOVERY WHICH YOU MAY HAVE AGAINST ANY, OWNER, OFFICER, DIRECTOR, EMPLOYEE OR COMPANY AFFILIATE. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF THE COMPANY OR THE COMPANY AFFILIATES UNDER ANY PROVISION OF THIS SERVICE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU UP TO A MAXIMUM OF THE TOTAL FEES PAID BETWEEN THE DATE YOU STARTED USING THE SERVICES AND THE DATE ON WHICH THE CLAIM ARISES.
(a) The Company may immediately terminate this Service Agreement:
(i) upon breach of this Service Agreement by the Authorized User;
(ii) if any Service Fees or late fees remain due and owing after the tenth (10th) day of any calendar month;
(iii) if you fail to comply with the T&Cs, the Service Agreement, the Community Rules and/or the Internet Policy, or any other policies or instructions provided by us; or
(iv) at any other time, when we, in our reasonable discretion, see fit to do so.
Should the Company terminate this Service Agreement, the Authorized User will have 48 hours to retrieve all of their office and personal items from the Premises.
(b) Upon termination of this Service Agreement, you agree to immediately remove any and all of your personal property from the Premises. Any property left behind is forfeited and may be destroyed. You will remain liable after termination for past due amounts, and we may exercise our rights to collect past due payment, despite termination or expiration of this Service Agreement.
14. Release and Indemnity. You release, and hereby agree to indemnify, defend and save harmless the Company and Company Affiliates, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and costs), judgments, fines and penalties based upon or arising out of your negligent actions, errors, omissions, willful misconduct and/or fraud in connection with the breach of this Service Agreement by you or by your or your guests’ participation in or use of the Services.
15. Insurance. The Company carries liability and business personal property insurance. However, you are strongly encouraged to carry an insurance policy to cover your equipment and personal property while using the Premises. You waive any right of subrogation and right of recovery or cause of action for any damage or theft, destruction, or loss of property, or any injury including death to the extent the same is insured against under any insurance policy which you may have.
16. Internet Policy. The Company makes no representations whatsoever as to the security of the internet, wired or wireless telecommunications systems, or hosting services provided as part of the Services, or of any data or communications system or any information that you send through or place on it, and you have no expectation of privacy with respect to such systems. The Company is not responsible for any loss of data, loss of information, data breach, breach of security, piracy, identity theft, loss of business, goodwill or otherwise as a result of such interruptions. You are responsible to protect your own computers, devices and data, information, business and goodwill from damage or interference, including but not limited to viruses or malware. You agree to abide by the terms of the Company’s Internet Policy. The Company may amend or change the terms of the Internet Policy at any time.
If the Company suspects you have violated the Internet Policy, the Company will investigate and may institute legal action, immediately deactivate Services to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators, and you agree to reasonably cooperate with the Company in all such actions. You agree to indemnify the Company for any damages to Company infrastructure or business caused by your violation of the Internet Policy.
18. Arbitration. Any dispute or controversy arising under or in connection with this Service Agreement shall be settled exclusively by arbitration in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction.
(a) Entire Agreement. This Service Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and therein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
(b) Severability. In the event that any provision or portion of this Service Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Service Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
(c) Waivers. No waiver of any provision of this Service Agreement shall be binding on the Company unless executed in writing by an authorized representative of the Company.
(d) Notices. All notices, requests, demands or other communications for which this Service Agreement provides shall be in writing and shall be addressed at the following addresses: (1) if to the Company: 9350 South 150 East, Suite 900, Sandy, UT 84070, Attn: Cesar Hernandez, firstname.lastname@example.org (2) If to you: at the address you provided in this Service Agreement. All notices under this Service Agreement shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) upon delivery, if delivered in person to the address set forth above; (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt or (d) through e-mail with upon return of a read receipt.
(e) Attorneys’ Fees. If either party shall bring any action for any relief against you arising out of this Service Agreement, including arbitration pursuant to Paragraph 17 above, the non-prevailing party shall pay to the prevailing party a reasonable sum for attorneys’ and consultants’ fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
(f) Survival. Sections 4, 9, 10, 11, 12, 13, 14, 16 and 17 and all other provisions of this Service Agreement reasonably expected to survive the termination or expiration of this Service Agreement will do so.
(g) Governing Law. The rights and obligations hereunder shall be governed by, and this Service Agreement shall be construed and enforced in accordance with, the laws of the State of Utah. Venue for the resolution of any dispute arising out of this Service Agreement shall be Third Judicial District Court in and for Salt Lake County, State of Utah.
COMMUNITY AND PREMISES RULES
These Community and Premises Rules (“Community Rules”) form a part and are incorporated into the Service Agreement between you and the Company and govern the manner in which you may use the Services provided by the Company. If you have any questions about these Community Rules, please contact email@example.com. By using the Services, you are agreeing to abide by and be bound by these Community Rules.
1. Every person using the Services must be a paid, Authorized User. Exceptions are limited to non-members who may use the Services when they are meeting Authorized Users at the Premises for business-related meetings. Authorized Users are accountable for the conduct of their guests. The Company reserves the right to refuse access to any persons, including Authorized Users, that the Company in good faith judges to be a threat to the safety, reputation, or property of the Premises and its occupants.
2. Key cards can be obtained only from the Company, at your cost, and are NOT transferable. You are not authorized to copy or to give or “loan” your key card to anyone else for any reason. The Company may cancel this Service Agreement if we discover that you have violated this rule. The Company may require deposits for such key cards, which deposits will not be held in an interest-bearing account.
3. Please keep the break room clean. Please wash and dry and remove any personal containers or items used in the break room area.
4. Discrimination toward and harassment of others are prohibited in the Premises. The Company has a zero-tolerance policy for any remarks or behavior that fails to respect the dignity and feelings of any individual in or from the Premises.
5. You agree to keep your workspace clean and orderly and to remove all trash, packaging and boxes from your workspace or common space frequently.
6. The Services affords you access to conference rooms. Please note that conference rooms are available on a first come first serve basis. Please clean up after using a conference room. If you re-arrange the furniture in the conference room, please return it to the original set-up when you’re finished. Please erase the white boards after use.
7. You may not use the name of the Company, our phone number or email address, the name of the Building or any picture of the Premises in connection with, or in promoting or advertising your business or any endorsement of or testimonial with respect to your business without the prior written consent of the Company. You may, however, use the address of the Premises as the address of your business.
8. The Premises are available 24/7 for Authorized Users.
9. You may not place anything, or allow anything to be placed where it may, in the Company’s judgment, appear unsightly from the outside of the Building.
10. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises.
11. You agree to use the Premises so as not to necessitate any unnecessary janitorial labor or services and will throw all waste in appropriate receptacles.
12. You cannot cook in the Premises (excepting use of the coffee maker and microwave) and cannot sleep in or otherwise use the Premises for lodging.
13. The Premises and Building are smoke, tobacco, and illegal substance free. You may not smoke, vape, chew tobacco or carry lighted cigars or cigarettes EXCEPT in areas specifically designated by the Company and allowed by applicable law and government agencies as smoking areas.
14. You may not bring upon, use or keep in the Premises or the Building, any inflammable, combustible or explosive material, or use any method of heating or air conditioning other than that supplied by the Company.
15. Upon the termination of Services, you will deliver to the Company all keys, key cards, openers and passes for doors which have been furnished to you.
16. You will use best efforts to cause all doors to the Premises that you have opened to be closed and securely locked before leaving the Building. You and the other users assume full responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured.
17. You will not carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any portion of the Building without the prior written consent of the Company.
18. You will not install in or affix to, the Premises any permanent furniture, fixtures, or equipment. You will not place graffiti on or deface the walls, partitions or other surfaces of the Premises or the Building.
19. You will not change locks or install other locks on doors without the prior written consent of the Company.
20. You will not damage or inappropriately use any bathrooms, plumbing or other utilities. You will give prompt notice to the Company of any accident or damage to or defects in electrical, plumbing, mechanical, telecom, heating, ventilation and air conditioning, or other systems or apparatus known to you so the same may be attended to properly.
21. You will not make or permit any noise or odors that annoy or interfere with other members or persons having business in the Premises. You will not bring anything in or around the Premises or Building that is excessively heavy or that causes excessive vibration in any part of the Building.
22. You will not keep animals or birds in the Premises nor bring motorcycles, motor scooters, mopeds, bicycles, scooters, skateboards or other modes of transportation into areas not designated for them.
23. You will not employ any service or contractor for services or work to be performed in the Building, except as approved by the Company.
24. You will comply with all safety, fire protection and evacuation regulations established by the Company, the owner of the Building or any applicable government agencies.
25. Parking for the Premises may be available on a first come first served, unreserved and unassigned basis, solely for the purpose of parking your personal vehicle which may be no larger than a full-size passenger automobile, sports utility vehicle or pickup truck. Users of the parking area will obey all posted signs and park only in the areas designated for vehicle parking.
26. You will not permit or allow any vehicles that belong to or are controlled by you or your suppliers, clients, customers, visitors or invitees to be loaded, unloaded, or
parked in areas other than those designated by the Company for such activities.
27. The Company may require parking stickers or such other similar identification device. Parking stickers or identification devices will be the property of the Company and will be returned to the Company upon termination of this Service Agreement or parking privileges. You will pay such replacement charge as is reasonably established by the Company for the loss of an identification device.
28. The Company reserves the right to modify these rules and/or to adopt such other reasonable rules and regulations as it may from time to time deem necessary for the proper operation of the Premises, the Building and/or the parking area. You agree to abide by all such existing, modified and new rules and regulations.
While on the Premises, you may connect to our data network to, among other things, access the internet (the “connection”). The connection is provided by the Company or one of its affiliated companies. By using or accessing the connection, you agree to these terms of service. Please read these terms carefully. We may revise these terms at any time. You are deemed to accept the current terms each time you use or access the connection, and it is your responsibility to review it for any changes. If you do not accept these terms of service, you may not use the connection.
Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect us, our users, or other third parties. The connection is available to your device only when it is within wireless range of our access points or in your office or a conference room through an ethernet cable to a data network port. The connection is generally subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. We are not responsible for any interruptions or performance issues with the connection, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the connection. Further, any identified prohibited uses may result in the removal of obscene/offensive content, account de-activation, or access/usage termination.
PRIVACY & SECURITY
You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or that could harm us or any third party or interfere with the operation of the data network to others (“Prohibited Uses”). For example, among other items, you may not:
(i) upload or transmit through the connection any (a) computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material which is defamatory, offensive, or of an obscene nature;
(ii) take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure, including, but not limited to, mining cryptocurrency, or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the connection or our other websites;
(iii) use the connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
(iv) share your IP address or ISP Internet connection with anyone;
(v) reproduce, retransmit, disseminate, or resell the connection or authorize any other individual or entity to use the connection, whether for profit or not, without our express written permission.
(vi) upload, share, host, etc. content that is obscene or otherwise offensive;
(vii) upload, share, host, display, modify, publish, update or transmit information of the following nature:
a. Information belonging to another person, over which the user has no right;
b. Information which is grossly harmful, harassing, blasphemous, obscene, pornographic, pedophilic, libelous, hateful or otherwise unlawful in any manner;
c. Information which encourages or relates to money laundering or gambling;
d. Information which may harm minors in any way;
e. Information which infringes any intellectual or proprietary rights;
f. Information which is deceptive, menacing or grossly offensive;
g. Information which impersonates another person;
h. Information which contains any computer virus or other computer contaminant;
i. Information which incites the commission of an offence or which prevents the investigation if any offence.
(viii) Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.
ASSISTANCE TO GOVERNMENTAL AGENCIES
In accordance with applicable law, we may be obligated to provide all available information and any assistance that may be required by Government agencies for the prevention, detection, investigation and prosecution of cyber-crimes and cyber security incidents.
ADDITIONAL DISCLAIMERS; LIMITATION OF LIABILITY
We are providing the connection on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Company Affiliates”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, to the maximum extent permitted by applicable law. None of the Company Affiliates will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the Company Affiliates from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you.
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