Last Updated: August 3, 2020
- Acceptance of These Terms
Welcome! This website, https://www.gotsuspendedclients.com/ (the “Site,” including all subdomains), is a copyrighted work belonging to Basilio Inc (“we,” “us,” and “our“). These terms of service (the “Terms“) govern your access to and use of the services available on this Site (the “Services“). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (“you” and “your,” including any entity you represent) and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BASILIO INC. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age.
- License to Use Website
This Site primarily operates as a(n) consulting website. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.
- Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in New York, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
- Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors’ abilities to access or use the Site and Services, including using the Site in a manner or for a purpose that is unlawful or fraudulent;
- Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
- Conducting any systematic or automated data collection on or related to the Site or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing,” or article “spinning”;
- Using the Site to collect, harvest, or compile information or data regarding other users of the Site without their consent;
- Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
- Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
- Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;
- Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
- Accessing the Site in order to create a similar or competitive business, product, service, or website;
- Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
- Interfering with, disrupting, or overburdening servers or networks connected to the Site;
- Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and
- Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user’s normal use and enjoyment of the Site.
- International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use this site if you are under the age of 13 [thirteen].
- User Accounts
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Services, you are considered a “Member” of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Basilio Inc is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Site has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
- Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
- Third-Party Resources
The Site may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources“). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
- Modification of Site
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are subject to these Terms.
- Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
- Restricted Access
Some parts of the Site may be restricted to certain visitors. If you have permission to access restricted parts of the Site, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site from time to time. If you do not have access to restricted parts of the Site, you agree not to use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site.
At times we may need to send you communications related to the Site or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Basilio Inc, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
- Basilio Inc’s Consulting Rights and Ownership
Unless otherwise stated, Basilio Inc and its permitted licensors own all intellectual property rights in the Site and its contents. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.
- Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, 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 or works 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, if available;
- 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; and
- 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.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user’s account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Attn: Copyright Agent
506 S SPRING ST UNIT 13308
LOS ANGELES, CA 90013-3215
Phone: 1 949-806-5392
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by us, if injured by such misrepresentation.
1. Introduction These terms of service explain the rights and obligations of Got Suspended? (“We”, “Us”, “Our”) and the customer (“You”) in relation to the services provided by Got Suspended? (“Service”). Please read this agreement carefully before purchasing or using the Service. If you have any questions or concerns, please contact us for further clarification.
2.1. By purchasing the Service, you appoint Got Suspended? to implement the agreed service, and Got Suspended? agrees to provide the Service on the terms of this Agreement.
2.2. The Agreement will become effective as soon as you confirm your acceptance by purchasing the Service.
2.3. By purchasing the Service, you certify that you have read, understood and agree to be bound by this Agreement.
3. Our Services
3.1. Based on the information you provide, Got Suspended? will review your situation with Amazon, examine any communication between you and Amazon, and rely on any additional information provided by you.
3.2. You are paying for the Service Got Suspended? provides, not a guaranteed reinstatement of your seller account or ASIN. The success of our Service depends on various factors, including but not limited to the accuracy of the information provided by you, Amazon’s policies and procedures, and the outcome of Amazon’s investigations.
3.3. We will use all reasonable efforts to provide our Services with skill, care and diligence and to provide You with a high standard of service but We do not guarantee that the Service will be successful in reinstating your account or ASIN, or that it will prevent future suspensions.
4. What Got Suspended? Will Do
4.1. Got Suspended? will prepare and issue your Service as soon as possible, depending on the accuracy of the information you originally provided and the complexity of your case.
4.2. Got Suspended? will provide you with instructions on how to deal with Amazon. It is your responsibility to follow these instructions and take the appropriate actions in a timely manner. Failure to do so may negatively impact the Service we provide to you.
4.3. Got Suspended? will work with you until the Service is completed and will provide reasonable support and assistance during this time.
5. What Got Suspended? Will Not Do
5.1. Got Suspended? will not provide legal advice. If you require legal advice, you should seek the advice of a qualified attorney.
5.2. Got Suspended? cannot be held responsible for any legal action taken against you as a result of fraudulent or incorrect information provided by you.
5.3. Got Suspended? provides no guarantee against future suspensions of your Amazon account, and we are not responsible for any future suspensions that may occur.
6. What You Must Do
6.1. You must provide Got Suspended? with all the information and documentation needed for the Service, including original documentation where possible, to confirm the details. Got Suspended? will rely on all the information you provide being full, true, and accurate and will not be responsible to you for any issues that arise from that not being the case.
6.2. Throughout the Service, you must provide reasonable cooperation to Got Suspended?, promptly respond to our requests for assistance, and follow the instructions provided by us.
6.3. It is your responsibility to abide by Amazon’s policies and procedures and to take appropriate actions to address the issues that led to your suspension
6.4. You must inform us immediately of any changes in your contact information or Amazon account status, or if you become aware of any additional information or documentation that is relevant to the Service.
6.5. You must inform us immediately if you decide to cancel the Service or if you have any dissatisfaction with the Service provided.
7.Terminating the Agreement
7.1. You have the right to cancel the Agreement at any time by sending an email to email@example.com or by using any other communication method that Got Suspended? makes available to You.
7.2. If you cancel the agreement within 7 days of purchasing the Service, Got Suspended? will provide a full refund, provided that we have not begun providing the Service to You.
7.3. If you cancel the Agreement after 7 days of purchasing the Service, you will not be entitled to a refund.
8. How Got Suspended? Can Terminate the Agreement
8.1. Got Suspended? can terminate this Agreement at any time by giving you 7 days notice (by email) in the event of:
8.2. A serious breach of the terms of the Agreement by you.
8.3. The information you provided is deemed incorrect or fraudulent.
8.4. Any other circumstances that Got Suspended? considers reasonable cause for termination.
9.1. This Agreement is governed by the laws of New York, United States. Any dispute arising in relation to this Agreement shall be dealt with by any court in New York, United States that has jurisdiction over the case.
9.2. This Agreement contains the entire understanding and agreement of the parties and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether oral or written.
9.3. No failure or delay by Got Suspended? in exercising any of its rights under this Agreement shall be deemed a waiver of those rights.
10. Dealing with Complaints
10.1. Got Suspended? is committed to providing services of the highest standard and values your feedback. If you are not satisfied with the Service, please follow our complaints procedure by sending an email to firstname.lastname@example.org so we can resolve your complaint as quickly as possible.
10.2. We will investigate your complaint and respond to you within a reasonable time. If we are unable to resolve your complaint to your satisfaction, you may seek an alternative dispute resolution procedure such as mediation or arbitration.
Letting Us know when You are not happy with our service gives us the opportunity to put matters right for You and improve our services for all our customers.
We will always do our best to respond as quickly as possible. In each case, We will listen to You and put matters right if we can.
Our complaints process
1. Introduction At Got Suspended?, we value your feedback and are committed to providing high-quality services. If you are not satisfied with our Service, please let us know so we can resolve your complaint as quickly and effectively as possible.
2.How to Make a Complaint
2.1. To make a complaint, please send an email to email@example.com with the following details:
- Your name and contact information
- A clear description of your complaint or concerns
- Specific details of the issues you experienced
- Information about what you would like us to do to rectify the situation
2.2. If possible, please also include any relevant documents or evidence to support your complaint.
3.1. We will acknowledge receipt of your complaint within two business days.
3.2. We will investigate your complaint and aim to resolve it as soon as possible. If a full investigation is required, we will keep you informed of the progress and a likely timeframe for resolution.
3.3. We will provide a written response to your complaint within 14 days of receipt, or such longer period as agreed between you and us.
4.Escalation of Complaints
4.1 If you are not satisfied with the outcome of the complaint or the timeframe to resolve it, you may escalate the complaint by providing us with the details of your complaint, our previous response and why you are not satisfied with it, and the desired outcome you would like to achieve. We will evaluate the escalated complaint and respond in writing within 14 days or such longer period as agreed between you and us.
4.2. If the complaint is not resolved to your satisfaction, you may seek an alternative dispute resolution procedure such as mediation or arbitration.
5. Commitment to improvement
5.1. We take all complaints seriously and use the feedback to improve our services for all our customers. We will review the complaint and take appropriate action to address the issues and prevent them from happening in the future.
Refund and Cancellation Policies
Got Suspended? offer non-tangible irrevocable goods we do not issue refunds once the service has been provided. As a customer you are responsible for understanding this upon purchasing any service at our site.
1.Introduction Got Suspended? offers non-tangible irrevocable goods, and we do not issue refunds once the Service has been provided. By purchasing the Service, you understand and agree to this policy.
2.1. You have the right to cancel the Service at any time before the Service has been completed. 2.2. To cancel the Service, please send an email to firstname.lastname@example.org with your order number and the reason for cancellation.
2.3. If you cancel the Service within 7 days of purchasing the Service and we have not yet begun providing the Service to you, we will provide a full refund.
2.4. If you cancel the Service after 7 days of purchasing the Service or the service has been provided, no refund will be provided.
3.1. We understand that exceptional circumstances can arise regarding the nature of the Service we provide. If you are not satisfied with the Service, please contact us to discuss your concerns.
3.2. We will honour requests for a refund under the following circumstances:
Non-delivery of the Service: If you do not receive a delivery email from us due to issues with your email provider or your own mail server, please contact us for assistance. Claims for non-delivery must be submitted in writing within 7 days of the order date. If no claim is made within 7 days, the Service will be considered received.
Service not-as-described: If the Service does not match the description provided on our website, please contact us within 7 days of the purchase date. Clear evidence must be provided to prove that the Service is not as described. Complaints based on false expectations or wishes will not be honored.
4. Commitment to Customer Satisfaction
4.1. We are committed to providing high-quality services and value your feedback. If you have any concerns or issues with the Service, please contact us to discuss and we will do our best to resolve them.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASILIO INC, INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Basilio Inc and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
- Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.
- Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your account.
- Dispute Resolution
Unless both parties agree otherwise, you and Basilio Inc agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement and the termination of your account.
You and Basilio Inc agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
- General Terms
- Waiver and SeverabilityOur failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
- AssignmentYour rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
- Cumulative RightsThe rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
- Law and JurisdictionThese terms shall be governed by, and will be construed under, the laws of New York, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in New York, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
- Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
- Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
- Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:
506 S SPRING ST UNIT 13308
LOS ANGELES, CA 90013-3215
Phone: 1 949-806-5392