Effective Date: 18th April 2023
Welcome to Lendute, a website operated by Coopers Hawk Health Inc (“we,” “us,” or “our”). By accessing or using our website, located at www.lendute.com (the “Website”), you agree to be bound by these Terms and Conditions of Use (the “Agreement”), which constitute a legal agreement between you and us. If you do not agree to these terms, you may not use the Website.
We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting on the Website. You agree to review this Agreement periodically to be aware of any modifications. Your continued use of the Website shall be deemed your conclusive acceptance of the modified Agreement.
1. Eligibility
The Website is intended for use by individuals who are at least 18 years old or have reached the age of majority in their jurisdiction. By accessing or using the Website, you represent and warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction.
2. Registrations and Applications
Certain areas of the Website may require registration or application in order to access or use them. By registering or applying, you represent and warrant that all information you provide is truthful, accurate, and complete. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Your Account
You may not transfer or sell your account to another party. You are responsible for any activities that occur under your account, whether or not you authorized such activities. You agree to indemnify and hold us harmless for any improper or illegal use of your account by you or any other person.
4. Your Content and Information Sharing
You may be able to upload, post, or otherwise transmit content or information through the Website. You retain ownership of any intellectual property rights in such content or information, but you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or information throughout the world in any media.
You agree not to upload, post, or otherwise transmit any content or information that:
• is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• infringes upon the intellectual property rights or privacy rights of any person;
• contains viruses, worms, Trojan horses, or other harmful components;
• solicits personal information from minors or provides personal information about minors; or
• violates any applicable law or regulation.
We reserve the right to remove any content or information from the Website at any time and for any reason, without notice to you.
5. Restrictions of Use
You may not:
• use the Website for any unlawful purpose;
• use the Website to solicit others to perform or participate in any unlawful acts;
• use the Website to interfere with or disrupt the Website or servers or networks connected to the Website;
• use the Website to violate any applicable local, state, national, or international law or regulation;
• use the Website to transmit or post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
• use the Website to harvest or collect email addresses or other contact information of other users of the Website by electronic or other means; or
• use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Intellectual Property Proprietary Rights, Copyrights, Trademarks
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, and not for further reproduction, publication, or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Your contact information, including your address, telephone number, and an email address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7. Copyright Complaints
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us in writing. We will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material.
8. Links to Third Party Websites
The Website may contain links to third-party websites that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, you do so at your own risk and subject to the terms and conditions of use for such websites.
9. Use of Personally Identifiable Information
We may collect and use personally identifiable information from you in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.
10. No Warranty, Errors, Disclaimers
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT THE WEBSITE OR ANY PART OF IT, OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY PART OF IT, OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE WEBSITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US OR (2) US$100.
12. Indemnity
You agree to indemnify and hold us and our affiliates, licensors, service providers, employees, agents, officers, and directors harmless from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Website, your violation of this Agreement, or your violation of any rights of any other person or entity.
13. Miscellaneous
This Agreement, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Website, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the Website. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the state and federal courts and waive any objections to jurisdiction or venue in such courts.
14. Contact
If you have any questions then please contact us via email at support@lendute.com