Welcome to WhichOfThe!
These Terms of Use (“Terms”) govern your access to and use of the website whichofthe.com (the “Site”) and any related services, applications, or platforms offered by WhichOfThe (“we,” “us,” “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
- Acceptance of Terms By accessing or using our Services, you agree to be bound by these Terms and any additional terms and conditions referenced herein or made available by us. These Terms constitute a legally binding agreement between you and WhichOfThe. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
- Use of Services You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you are at least 13 years old. You agree to use our Services in compliance with all applicable laws and regulations. You further agree not to:
a. Violate these Terms or any other applicable terms and conditions; b. Use our Services for any illegal or unauthorized purpose; c. Interfere with or disrupt the operation of our Services; d. Attempt to gain unauthorized access to our Services or any related systems or networks; e. Transmit any viruses, worms, or other harmful code through our Services; f. Use any robot, spider, scraper, or other automated means to access our Services without our prior written consent; g. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
- Intellectual Property The content and materials available on our Services, including but not limited to text, images, videos, logos, and trademarks, are owned by WhichOfThe or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, or distribute any content from our Services without our prior written consent.
- Third-Party Links Our Services may contain links to third-party websites or services that are not owned or controlled by WhichOfThe. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that WhichOfThe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
- Disclaimer of Warranties YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHICHOFTHE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHICHOFTHE MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
- Limitation of Liability IN NO EVENT SHALL WHICHOFTHE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WHICHOFTHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WHICHOFTHE’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES.
- Indemnification You agree to indemnify, defend, and hold harmless WhichOfThe and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your violation of these Terms or any applicable laws or regulations, your use of our Services, or your violation of any rights of any third party.
- Changes to Terms We reserve the right to modify or revise these Terms at any time in our sole discretion. Any changes to these Terms will be effective immediately upon posting the revised Terms on our Services. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
- Governing Law These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
- Contact Us If you have any questions, comments, or concerns about these Terms or our Services, please contact us at [email protected].