Please carefully review these Terms of Service ("Agreement") as they establish a legally binding contract between you and Semenak Global, LLC "we," "us," or "our"). By accessing or using the Healing God's Vessels website and any information or services provided through the platform ("Services"), you are consenting to be bound by this Agreement. Your use of the Services is contingent upon compliance with the terms outlined herein. BY USING OR ACCESSING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD OUR DATA PRACTICES AS DESCRIBED IN THE PRIVACY POLICY APPLICABLE TO THE SERVICES.
Objective:
Semenak Global, LLC is the all-in-one sales & marketing platform that accounts can white-label and resell to their clients! By using our website, platforms, and hence accessing the Services, you agree to fully abide by this Agreement and any other terms, policies or guidelines governing our relationship. The effectiveness of the Services is subject to your adherence to these terms. We are fully committed to upholding the terms and conditions of this Agreement throughout our relationship.
Eligibility:
By engaging with or using the Services in any manner, you declare that:
1. You have read, understood, and agree to be bound by this Agreement, including any future modifications and additions that may be issued periodically, available through our website or via the Services;
2. You are at least 16 years old;
3. You have the authority to enter into this Agreement on a personal basis, and unless otherwise specified herein, if you do not agree to the terms of this Agreement, you are not permitted to access or use the Services; and
4. You will comply with all applicable laws and regulations, including those of your country, state, and city, at all times while using the Services.
Access:
By entering into this Agreement, you are granted a non-exclusive, revocable limited license to use the Services, subject to compliance with the terms of this Agreement and any other terms and conditions governing our relationship. We reserve the right to temporarily suspend or permanently terminate your access if, in our sole discretion, we deem that you have or could fail to adhere to this Agreement or any other applicable terms. Granting you access does not obligate us to maintain the Services as they are; we reserve the sole and exclusive right to modify, suspend, or terminate your access with or without prior notice.
You hereby agree not to disclose and fully safeguard your username or password. In case of a security breach affecting our Services due to your actions, you must promptly notify us. Your username and password are personal and confidential, and you are solely responsible for maintaining their secrecy at all times. Semenak Global, LLC is not responsible for any unauthorized access or use of your account that occurs as a result of your failure to protect your username and password.
Acceptable Use Policy:
By using the Services, you hereby agree to the following:
1. Legitimate Use: You will use the Services only for lawful purposes and refrain from deceptive, fraudulent activities, or the storage/transmission of unlawful content;
2. Accurate Information: Any information you provide to us will be accurate;
3. Server and Network Usage: Your use will not harm, disable, overload, or impair our servers or connected networks;
4. Unauthorized Access: Attempting to access parts of the Services or related systems without authorization is prohibited and a material breach of this Agreement;
5. Reporting Issues: Report any errors, bugs, unauthorized access methods, or intellectual property violations you discover;
6. User Content Standards: Your submitted content will adhere to standards regarding minors, exploitation, and any other applicable laws;
7. Compliance with Laws: Your content will conform to state and federal electronic advertising regulations, if applicable;
8. Proprietary Rights: Your content will not infringe on third-party proprietary rights; and
9. Third-Party Licenses: You will comply with third-party licenses related to your content.
10. No Defamation: You agree not to make any statements, written or oral, that might be construed as defamatory, slanderous, or libelous against Semenak Global, LLC or any related party.
Information about our Services:
While we aim to provide accurate and comprehensive information on our Services, we cannot guarantee absolute accuracy, adequacy, quality, or suitability. We disclaim liability for errors in the content. Your reliance on content via the Services is at your own risk. Links to third-party websites or phone numbers do not imply endorsement or affiliation.
Payment Terms:
By agreeing to these terms, you authorize Semenak Global, LLC to charge your designated payment method in advance for the total amount of the regular subscription fees, including all selected Services ("Subscription Fees"), for each designated term of the chosen subscription plan. Semenak Global, LLC may adjust Subscription Fees for the chosen subscription term after providing you with a ten (10) day advance notice via email to the email address provided. Paid Subscription Fees are non-refundable and accrue on the first day of each term or renewal term, regardless of your utilization of the Site or Services. Some Services on the Site may require additional fees not covered within the subscription. All Subscription Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. All Subscription Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file.
You are responsible for timely payments and agree to provide payment authorization details upon request. Failure to settle amounts due may result in the termination or deactivation of your subscription. Semenak Global, LLC may modify, suspend, or terminate access if your payment method expires or faces payment decline without prior notice. All fees are denominated in US Dollars, and you are responsible for applicable taxes and other expenses associated with Site or Service usage. By supplying necessary personal information for payment processing related to an Semenak Global, LLC subscription, you consent to the Privacy Policy. Payment processing may involve third-party service providers, governed by their respective terms and conditions. Review these third-party terms and conditions before finalizing payment.
Subscriptions are generally evaluated on a monthly or yearly basis, although alternative billing schemes for other Services might be presented at Semenak Global, LLC's discretion. Subscription Fees are calculated from the commencement of the User's paid Subscription. Periodically, Semenak Global, LLC might offer diverse subscription terms on its Site, with corresponding fee variations. The duration of the User's Site, Services, and Content access hinges on adherence to these Terms, completion of full subscription payments, and any additional fees. The User's subscription to the Site initially spans the agreed-upon term (e.g., monthly or annually) as established during online registration and will automatically extend for successive renewal terms identical to the initial term, unless terminated by the User or Semenak Global, LLC in line with these provisions.
Either the User or Semenak Global, LLC retains the right to cancel the User's Subscription at any time, unless specified otherwise in a promotional offer. To avoid charges for the next billing cycle, the User must request cancellation at least thirty (30) days prior to the start of their next billing cycle. Upon cancellation by either party, all fees owed to Semenak Global, LLC up until the conclusion of the ongoing term's billing cycle will remain payable. Partial billing periods are non-refundable, unless explicitly indicated in a promotional offer. Following cancellation, the User will retain access to Semenak Global, LLC until the conclusion of the current billing period. After this period, the User's account will be archived, permitting read-only access to existing content without the addition of new material.
Cancellation of subscription can be done through the following methods:
1. Coordinate with team through chat box; or
2. Forward a cancellation request via email to [email protected]
If Semenak Global, LLC, at its sole discretion, believes that a User has violated these Terms, it reserves the right to immediately terminate the User's Subscription and Services without refund. Fees due up to the termination date shall remain payable. Such termination does not impede Semenak Global, LLC's other rights under contract, tort, or other legal theories to pursue claims against the User for Term violations, including monetary damages, injunctive relief, attorney's fees, and court costs.
If the User has questions about charges or account status, they can contact Semenak Global, LLCvia email at [email protected] If these inquiries remain unresolved for fifteen (15) business days following the initial contact with Semenak Global, LLCSupport, the User must communicate with Semenak Global, LL in writing at: Semenak Global, LLC, 1846 East Innovation Park Drive, Suite 100, Oro Valley, AZ 85755.. Disputes regarding account billing or discrepancies must be raised within ninety (90) days of their discovery, except where mandated by applicable law. Otherwise, all such User complaints are waived by the User.
Transferability of Account(s) & Lock-In Period and Automatic Renewal:
Pursuant to the terms of this agreement, the account created from the subscription for Semenak Global, LLC services shall be deemed effective and enforceable for a minimum duration of twelve (12) months, commencing on the Effective Date of the subscription. This initial twelve-month period, calculated from the commencement date of this agreement, shall constitute a mandatory lock-in period for the account established under this subscription. Upon the conclusion of this period, the subscription will automatically renew for successive twelve (12) month periods, unless the User provides written notice of their intention not to renew at least thirty (30) days prior to the end of the current subscription term. During the lock-in period, the account is non-transferable and assignment of the account created by this subscription out of the Semenak Global, LLC platform is not permitted, unless expressly authorized by Semenak Global, LLC.
Lock-In Period Buyout Option: Users have the option to terminate the subscription before the expiration of the lock-in period by opting for a lock-in period buyout. The terms, including the buyout fee, will be mutually agreed upon during a formal meeting between the User and us. The fee will be determined based on a variety of factors, such as the duration of the subscription remaining, the extent of services utilized by the User, and any specific developments made for the subscriber's account. The buyout option must be executed through a written agreement that outlines the specific terms of the early termination.
Non-Downgrade Policy for Partner and Platinum Tiers:
By subscribing to the Partner or Platinum tiers of the Semenak Global, LLC platform, you acknowledge and agree to the following terms regarding downgrades:
Non-Downgrade Agreement: Upon choosing the Partner or Platinum subscription tier, you agree not to downgrade your account to a lower tier at any time during your subscription period. This policy is strictly enforced due to the digital nature of the products and services provided by the Semenak Global, LLC platform.
Digital Product and Service Nature: The Semenak Global, LLC platform offers digital products and services that are immediately accessible upon subscription. These include, but are not limited to, software features, marketing tools, customer support, and other digital resources. Due to the inherent nature of these digital offerings, downgrading your subscription tier is not feasible once access has been granted.
Commitment to Tier Benefits: By selecting either the Partner or Platinum tier, you commit to the full duration of the subscription term at that tier. This ensures that you receive and benefit from the full range of features and services associated with these premium tiers.
No Refunds for Downgrade Requests: Any requests to downgrade from the Partner or Platinum tier will not be entertained, and no refunds will be issued for such requests. You are encouraged to carefully consider your subscription choice before committing to either the Partner or Platinum tier.
Subscription Renewal: Your subscription to the Partner or Platinum tier will automatically renew according to the terms outlined in the Subscription section of this Agreement. Should you wish to terminate your subscription, you must follow the standard cancellation procedures provided in this Agreement, while noting that downgrading to a lower tier is not an option.
By agreeing to these terms and subscribing to the Partner or Platinum tier, you fully understand and accept this non-downgrade policy. If you do not agree to these terms, please refrain from subscribing to these tiers.
Affiliate Program Terms of Service
By accepting these Terms of Service and enrolling in our Affiliate Program, you hereby accept and agree to the Affiliate Terms of Service. This includes adherence to all rules, guidelines, and conditions outlined in the Affiliate Agreement, which governs your participation in the Affiliate Program.
By clicking “I Accept the Terms and Conditions” and enrolling in our Affiliate Program, you indicate that you have read, understood, and agree to be bound by the Affiliate Terms of Service. If you do not agree to these terms, please do not enroll in the Affiliate Program.
Complaint Procedures:
To facilitate a quick response, complainants should provide detailed information, including the nature of infringement, location of offending material, and information about the alleged violator. You can reach us at [email protected] for any complaints related to our Services. We take complaints seriously and investigate them thoroughly. However, any false claims or frivolous legal proceedings can result in your liability for damages and legal fees. We encourage all complainants to provide accurate and substantiated information when reporting any issues related to our Services. Making false claims or initiating frivolous legal proceedings can have legal consequences.
Copyright Policy:
We reserve the right to cancel the account and revoke access privileges of individuals who repeatedly violate copyright regulations. If you represent a copyright holder or act as their legal representative, and you hold the belief that any User Content breaches your copyright, you have the option to submit a report following the guidelines outlined in the Semenak Global, LLC Digital Millennium Copyright Act (DMCA) Notice. Further details can be found in our DMCA Policy.
HIPAA Compliance:
Semenak Global, LLC is committed to maintaining the privacy and security of protected health information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA). By using our Services, you agree to the following HIPAA-related terms:
You acknowledge and agree that your use of the Services will comply with all applicable HIPAA regulations. This includes, but is not limited to, the Privacy Rule, Security Rule, Breach Notification Rule, and Enforcement Rule. You agree to implement appropriate safeguards to protect the confidentiality, integrity, and availability of PHI.
Semenak Global, LLC will only use or disclose PHI as permitted or required by the HIPAA regulations and the BAA. We will not use or disclose PHI in a manner that would violate HIPAA if done by you. All uses and disclosures of PHI will be limited to the minimum necessary to accomplish the intended purpose.
Semenak Global, LLC will implement and maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI. These safeguards will be designed to prevent unauthorized access, use, or disclosure of PHI.
In the event of a breach of unsecured PHI, Semenak Global, LLC will notify you promptly as required by the HIPAA Breach Notification Rule. We will provide you with sufficient information to allow you to meet your reporting obligations under HIPAA.
You agree to indemnify and hold harmless Semenak Global, LLC from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to any breach of HIPAA by you or any of your agents, employees, or contractors.
In the event that either party determines that the other has breached a material term of this HIPAA compliance section or the BAA, the non-breaching party may terminate the Services. Upon termination, Semenak Global, LL will return or destroy all PHI in accordance with the terms of the BAA.
By accessing and using our Services, you acknowledge that you have read, understood, and agree to comply with these HIPAA-related terms. If you do not agree with these terms, please refrain from using the Services.
Intellectual Property:
By subscribing to Semenak Global, LLC services, the User acknowledges the proprietary nature of Semenak Global, LLC, which encompasses specialized knowledge, trade secrets, insights, unique resources, and intellectual property developed by Semenak Global, LLC. The subscription therefore grants a non-exclusive, non-transferable sublicense to use the Semenak Global, LLC services in accordance with the terms of this agreement. This license is specifically crafted to protect the intellectual property of Semenak Global, LLC and to maintain the service's integrity and quality for the benefit of all Users.
All content and materials available through the Services, including but not limited to text, graphics, logos, images, and software, are owned by Semenak Global, LLC or its licensors. Any unauthorized use, copying, or distribution of these materials is strictly prohibited and would be considered a material breach of this Agreement. All rights associated with the materials, intellectual property, and goodwill are expressly reserved by Semenak Global, LLC.
This license is only for Your use and may not be assigned or sublicensed to anyone else, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license, and during your use of this sublicense, You will not engage in any activity that would interfere with or damage or harm Semenak Global, LLC.
You retain ownership of the User Content submitted to the Services. However, by submitting User Content to the Services, you grant Semenak Global, LLC a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, modify, and distribute your User Content for the purpose of operating, promoting, and improving the Services.
Platform Account Ownership:
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these terms.
By creating and maintaining a Platform Account, you agree to the following conditions:
Account Information: You must provide and maintain accurate, complete, and current information in your Platform Account. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account.
Business Use: The Platform is designed for business use, including activities related to an individual’s trade, craft, or profession. By registering for and using the Platform, you confirm that your activities on the Platform align with these intended uses.
Ownership and Authority: If you are registering a Platform Account on behalf of a business entity, the business entity is the legal owner of the account. You represent and warrant that you have the authority to bind the business entity to these Terms. In cases where you are an individual user, you will be considered the account owner.
Responsibility for Actions: As the owner of the Platform Account, whether an individual or a business entity, you are responsible for all activities conducted through your account. You must ensure that all users who access the Platform through your account comply with these Terms.
Account Security: You are responsible for maintaining the security of your account credentials, including your username and password. Semenak Global, LLC is not liable for any unauthorized access or use of your account resulting from your failure to secure your credentials.
By agreeing to these Terms and creating a Platform Account, you acknowledge and accept these conditions regarding account ownership and the responsibilities therein. If you do not agree with these conditions, please refrain from creating or using a Platform Account.
Indemnification:
By using the Services, you consent to fully indemnify and hold harmless Semenak Global, LLC, its shareholders, officers, directors, employees, agents, and affiliates (each referred to as an "Indemnified Party") from any losses, claims, actions, expenses, costs, penalties, fines, damages, and fees, including but not limited to legal fees and expenses, that an Indemnified Party might incur due to: (a) your User Content; (b) improper utilization of the Services on your part; (c) breach of this Agreement; or (d) violation of any pertinent laws, rules, or regulations associated with your use of the Services. In the event of any allegations, claims, lawsuits, or proceedings involving matters potentially covered by the clauses in this section, you agree to bear the expenses of the Indemnified Party's defense, encompassing reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own expense, to assume exclusive control over the defense of any matter that would otherwise necessitate your indemnification. Should this occur, you are obligated to fully cooperate with us in asserting any available defenses. You agree that the terms outlined in this section will persist beyond the termination of your account, this Agreement, or your access to the Services.
Limitation of Liability and Disclaimer of Warranties:
UNDER NO CIRCUMSTANCES, BASED ON ANY LEGAL THEORY (BE IT CONTRACTUAL, TORTIOUS, OR OTHERWISE), SHALL SEMENAK GLOBAL, LLC BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REDUCED SALES OR BUSINESS, DATA LOSS, OR DATA BREACH, OR (B) FOR DIRECT DAMAGES, EXPENSES, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) THAT SURPASS THE FEES ACTUALLY PAID BY YOU IN THE ONE (1) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO YOUR CLAIM. IF NO FEES APPLY, LIABILITY SHALL NOT SURPASS ONE HUNDRED ($100) U.S. DOLLARS. THE STIPULATIONS OF THIS SECTION ALLOCATE THE RISKS ASSOCIATED WITH THIS AGREEMENT BETWEEN THE INVOLVED PARTIES, AND THE PARTIES HAVE RELIED UPON THESE LIMITATIONS WHEN MAKING THE DECISION TO ENTER INTO THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH IMPLIES THAT SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT BE APPLICABLE TO YOU. WITHIN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR ANY OTHER GOODS OR SERVICES RENDERED BY US, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES DERIVED FROM TRADE USAGE, ESTABLISHED BUSINESS DEALINGS, OR PRIOR PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY IMPLIED WARRANTY OF FITNESS FOR A SPECIFIC PURPOSE. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE, AND ADDITIONAL ITEMS UTILIZED OR PROVIDED BY US IN RELATION TO THE SERVICES) ARE SUPPLIED "AS IS," AND WE DO NOT WARRANT THAT THE SERVICES WILL REMAIN FREE FROM BUGS, DEFECTS, MALFUNCTIONS, OR ERRORS, OR THAT ACCESS TO THE SERVICES WILL EXPERIENCE NO INTERRUPTIONS.
Dispute Resolution:
You hereby agree that any disagreement or assertion of rights related to your utilization or engagement with the Services, your role as a consumer of our services, advertising or marketing communications about us or our Services, products or services procured through the
Services as a consumer, or any facet of your association or dealings with us as a consumer of our services shall be resolved through binding arbitration, rather than through litigation.
However, you retain the right to bring claims in small claims court that meet the eligibility criteria. These claims must be pursued on an individual basis, without the involvement of class actions or representation. Equitable relief for infringement or other misuse of intellectual property rights (e.g., trademarks, copyrights, patents) can be sought in court. This Arbitration Agreement is applicable to all claims, regardless of when they arose or were asserted before the Effective Date of this Agreement. If you agree to arbitration with Semenak Global, LLC, you are consenting in advance to abstain from participating in or pursuing monetary or other relief through class, collective, or representative lawsuits. Instead, by accepting arbitration, you can present your claims against us through individual arbitration proceedings. Successful claims in this context may lead to monetary compensation or other forms of relief as determined by an arbitrator.
Both you and Semenak Global, LLC acknowledge that sincere efforts for informal dispute resolution often lead to swift, economical, and mutually beneficial resolutions. Therefore, before either party demands arbitration against the other, a good-faith effort will be made to engage in informal discussions. These discussions can occur via telephone or video conference and aim to resolve any claim covered by this Agreement. If you are legally represented, your counsel may participate, but you are also required to fully engage. The party initiating the claim must formally inform the other party in writing about their intent to commence an informal dispute resolution conference. This conference should take place within 60 days of the receiving party's notice, unless both parties agree to an extension. You can notify Semenak Global, LLC of your intention to initiate an informal dispute resolution conference by emailing [email protected] providing your username, associated email address, and a description of your claim. The period between the notice and the informal dispute resolution conference can be used to attempt to resolve the initiating party's claims. This informal conference is a prerequisite before initiating arbitration. The statute of limitations and any fee deadlines will be paused while the parties engage in the informal dispute resolution process mandated by this paragraph.
This Arbitration Agreement adheres to the Federal Arbitration Act in all aspects. To initiate arbitration, you need to send a letter outlining your claim and arbitration request to our registered agent at 99 Nottingham Road, Ramsey, NJ, 07446. The arbitration will be administered by JAMS in accordance with its rules and the terms of this Agreement. Disputes involving claims and counterclaims below $250,000 (excluding legal fees and interest) will follow JAMS's Streamlined Arbitration Rules (available at http://www.jamsadr.com/rules-streamlined-arbitration/), while all other claims will follow JAMS's Comprehensive Arbitration Rules and Procedures (available at http://www.jamsadr.com/rules-comprehensive-arbitration/). JAMS's rules can also be found at www.jamsadr.com or by calling 800-352-5267. Filing, administration, and arbitration fees will be determined by JAMS's rules. If you are unable to afford JAMS's fees and cannot secure a fee waiver, we will cover these fees for you. Additionally, we will reimburse these fees for claims with a controversy value under $10,000. If JAMS is unavailable for arbitration, an alternative arbitral forum will be selected. The arbitration can be conducted via telephone, video conference, written submissions, or in-person at a location mutually agreed upon, including your residence or another suitable location.
The arbitrator, rather than any federal, state, or local court or agency, holds exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Agreement is void or voidable. The arbitrator's decision will determine the rights and obligations of you and Semenak Global, LLC. The arbitration will not be combined with other matters or joined with other proceedings or parties. The arbitrator can grant motions resolving part or all of any claim or dispute. The arbitrator can award monetary damages and provide non-monetary remedies or relief in accordance with applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will provide a written statement of decision detailing the essential findings and conclusions on which any award is based. The arbitrator must adhere to applicable law and has the authority to provide relief on an individual basis, similar to a judge in a court of law. The arbitrator's decision is final and binding on both you and Semenak Global, LLC.
YOU AND SEMENAK GLOBAL, LLC RENOUNCE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO LITIGATE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. Instead, both parties opt for arbitration to resolve claims and disputes, except as specified herein. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited.
Termination:
At our sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services, in whole or in part, for any reason and without advance notice or liability. In certain cases, in our sole discretion, we may provide you with a written notice (a “Restriction Notice”) to inform you that: (i) your right to use or access any part of the Service has been terminated, including the right to use, access or create any account thereon; and (ii) we refuse to provide any Service to you. Other conditions may apply and shall be set forth in the Restriction Notice. You may terminate these Terms after the Lock-in period with a thirty (30) day written notice.
Alongside the suspension or termination of your access to the Services, we maintain the prerogative to undertake appropriate legal actions, including but not limited to seeking civil, criminal, or injunctive remedies. Even following the termination of your right to use the Services, this Agreement will remain binding upon you. All provisions that, due to their inherent nature, are meant to endure shall persist beyond the termination of this Agreement.
Changes to Services and Amendments to these Terms
To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms in our sole discretion. Your use of the Service after any modification we make constitutes your acceptance of the most recent version of these Terms as modified.
Force Majeure:
No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in this Section if reasonable notice and good faith efforts to find a reasonable solution are provided. "Force Majeure Event” shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemics, epidemics, local disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall, in a timely manner, notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance.
Governing Law:
This Agreement and any disputes derived from such are exclusively governed by and construed in accordance with the laws of the state of New Jersey, United States, without regard to its conflict of law principles.
Contact Information:
For any questions or concerns regarding this Agreement, please contact us at:Team HQ LLC99 Nottingham Road, Ramsey, NJ, 07446Email: [email protected]
Entire Agreement:
This Agreement constitutes the entire agreement between you and Semenak Global, LLC concerning the subject matter herein and supersedes all prior and contemporaneous negotiations and understandings, whether oral or written.
No Waiver:
The failure of Semenak Global, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Severability:
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
By using Semenak Global, LLC's Services, you acknowledge that you have read and understood this Agreement, agree to its terms and conditions, and consent to be bound by them. If you do not agree with this Agreement in its entirety, please refrain from using the Services.
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