Lindy

" We may provide you with the opportunity to create, submit, post, display, transmit, perform,  publish, distribute, or broadcast content and materials to us or on the Services, including but not  limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or  personal information or other material (collectively, "Contributions"). Contributions may be  viewable by other users of the Services and through third-party websites. As such, any  Contributions you transmit may be treated in accordance with the Services' Privacy Policy  ( https://www.lindy.ai/privacy) . When you create or make available any Contributions, you  thereby represent and warrant that:  ■ The creation, distribution, transmission, public display, and/or performance, and the  accessing, downloading, and/or copying of your Contributions do not and will not infringe the  proprietary rights, including but not limited to the copyright, patent, trademark, trade secret,  or moral rights of any third party.  ■ You are the creator and owner of or have the necessary licenses, rights, consents, releases,  and permissions to use and to authorize us, the Services, and other users of the Services to  use your Contributions in any manner contemplated by the Services and these Legal Terms.  ■ You have the written consent, release, and/or permission of each and every identifiable  individual person in your Contributions to use the name, image or likeness of each and every  such identifiable individual person to enable inclusion and use of your Contributions in any  manner contemplated by the Services and these Legal Terms. "

" We care about data privacy and security. Please review our Privacy Policy: https://www.lindy.ai/privacy . By using the Services, you agree to be bound by our Privacy  Policy, which is incorporated into these Legal Terms. Please be advised the Services are  hosted in the United States. If you access the Services from any other region of the world with  laws or other requirements governing personal data collection, use, or disclosure that differ from  applicable laws in the United States, then through your continued use of the Services, you are  transferring your data to the United States, and you expressly consent to have your data  transferred to and processed in the United States. "

" ■ Your Contributions are not false, inaccurate, or misleading.  ■ Your Contributions are not unsolicited or unauthorized advertising, promotional materials,  pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. ■ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,  slanderous, or otherwise objectionable (as determined by us).  ■ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. ■ Your Contributions are not used to harass or threaten (in the legal sense of those terms) any  other person and to promote violence against a specific person or class of people. ■ Your Contributions do not violate any applicable law, regulation, or rule.  ■ Your Contributions do not violate the privacy or publicity rights of any third party. ■ Your Contributions do not violate any applicable law concerning child pornography, or  otherwise intended to protect the health or well-being of minors.  ■ Your Contributions do not include any offensive comments that are connected to race,  national origin, gender, sexual orientation, religion, age or physical handicap. ■ Your Contributions do not otherwise violate, or link to material that violates, any provision of  these Legal Terms, or any applicable law or regulation.  Any use of the Services in violation of the foregoing violates these Legal Terms and may result  in, among other things, termination or suspension of your rights to use the Services."

" We are the owner or the licensee of all intellectual property rights in our Services, including all  source code, databases, functionality, software, website designs, audio, video, text,  photographs, and graphics in the Services (collectively, the "Content"), as well as the  trademarks, service marks, and logos contained therein (the "Marks").  Our Content and Marks are protected by copyright and trademark laws (and various other  intellectual property rights and unfair competition laws) and treaties in the United States and  around the world.  The Content and Marks are provided in or through the Services "AS IS" for your internal  business purpose only."

" As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. "

" We reserve the right to change, modify, or remove the contents of the Services at any time or  for any reason at our sole discretion without notice. However, we have no obligation to update  any information on our Services. We will not be liable to you or any third party for any  modification, price change, suspension, or discontinuance of the Services.  We cannot guarantee the Services will be available at all times. We may experience hardware,  software, or other problems or need to perform maintenance related to the Services, resulting in  interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,  discontinue, or otherwise modify the Services at any time or for any reason without notice to  you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience  caused by your inability to access or use the Services during any downtime or discontinuance of  the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and  support the Services or to supply any corrections, updates, or releases in connection therewith. "

" You may be required to register to use the Services. You agree to keep your password  confidential and will be responsible for all use of your account and password. In the event that  you become aware of any unauthorized access to or use of the Services through use of your  account, you shall promptly give written notice to us of such breach and make reasonable  efforts to eliminate it. You shall at all times implement appropriate security policies and  procedures and access control methodologies to safeguard access to and use of the Services  through your account. All such measures shall comply with prevailing industry standards but in  no case consist of less than reasonable care. You acknowledge that we are not responsible for  any losses, damages, costs, expenses or claims that result from stolen or lost passwords. We  reserve the right to remove, reclaim, or change a username you select if we determine, in our  sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. "

" We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Legal  Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law  or these Legal Terms, including without limitation, reporting such user to law enforcement  authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the  availability of, or disable (to the extent technologically feasible) any of your Contributions or any  portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the  Services or otherwise disable all files and content that are excessive in size or are in any way  burdensome to our systems; and (e) otherwise manage the Services in a manner designed to  protect our rights and property and to facilitate the proper functioning of the Services."

" You agree to provide current, complete, and accurate purchase and account information for all  purchases made via the Services. You further agree to promptly update account and payment  information, including email address, payment method, and payment card expiration date, so  that we can complete your transactions and contact you as needed. Sales tax will be added to  the price of purchases as deemed required by us. We may change prices at any time. All  payments shall be in US dollars.  You agree to pay all charges at the prices then in effect for your purchases and any applicable  shipping fees, and you authorize us to charge your chosen payment provider for any such  amounts upon placing your order. If your order is subject to recurring charges, then you consent to  our charging your payment method on a recurring basis without requiring your prior approval for  each recurring charge, until such time as you cancel the applicable order. We reserve the right to  correct any errors or mistakes in pricing, even if we have already requested or received  payment.  We reserve the right to refuse any order placed through the Services. We may, in our sole  discretion, limit or cancel quantities purchased per person, per household, or per order. These  restrictions may include orders placed by or under the same customer account, the same  payment method, and/or orders that use the same billing or shipping address. We reserve the  right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,  resellers, or distributors. "

" You are solely responsible for your Submissions and you expressly agree to reimburse us for any  and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s  intellectual property rights or other rights, or (c) applicable law. "

" The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party  Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,  video, information, applications, products, services, software, and other content or items  belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites  and Third-Party Content are not investigated, monitored, or checked for accuracy,  appropriateness, or completeness by us, and we are not responsible for any Third-Party  Websites accessed through the Services or any Third-Party Content posted on, available  through, or installed from the Services, including the content, accuracy, offensiveness, opinions,  reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the  Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third-Party Content does not imply approval or endorsement thereof by  us. If you decide to leave the Services and access the Third-Party Websites or to use or install  any Third-Party Content, you do so at your own risk, and you should be aware these Legal  Terms no longer govern. You should review the applicable terms and policies, including privacy  and data gathering practices, of any website to which you navigate from the Services or relating  to any applications you use or install from the Services. "

" THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE  THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST  EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,  IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,  WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES  OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE  SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS  LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY  FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,  (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,  RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY  UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND  ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,  (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE  SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE  TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F)  ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS  OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT  POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO  NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY  PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE  SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION  FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY  TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN  YOU AND ANY THIRD-PARTY"

"Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no  responsibility whatsoever in relation to such purchases which are exclusively between you and  the applicable third party. You agree and acknowledge that we do not endorse the products or  services offered on Third-Party Websites and you shall hold us blameless from any harm  caused by your purchase of such products or services. Additionally, you shall hold us blameless  and harmless from any losses sustained by you or harm caused to you relating to or resulting in  any way from any Third-Party Content or any contact with Third-Party Websites. "

" You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and  all of our respective officers, agents, partners, and employees, from and against any loss,  damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made  by any third party due to or arising out of: (a) use of the Services (including without limitation, Lindy Phone); (b) breach of these Legal Terms;  (c) any breach of your representations, warranties or covenants set forth in these Legal Terms; (d) your  violation of the rights of a third party, including but not limited to intellectual property rights and rights of privacy; or (e) any  overt harmful act toward any other user of the Services with whom you connected via the Services.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive  defense and control of any matter for which you are required to indemnify us, and you agree to  cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify  you of any such claim, action, or proceeding which is subject to this indemnification upon becoming  aware of it. "

"Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account."

"Except as  otherwise provided herein, the Parties may litigate in court to compel arbitration, stay  proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the  award entered by the arbitrator.  If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be  commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal  jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state  and federal courts. Application of the United Nations Convention on Contracts for the  International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)  are excluded from these Legal Terms.  In no event shall any Dispute brought by either Party related in any way to the Services be  commenced more than one (1) years after the cause of action arose. If this provision is  found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute  falling within that portion of this provision found to be illegal or unenforceable and such  Dispute shall be decided by a court of competent jurisdiction within the courts listed for  jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. "

" Visiting the Services, sending us emails, and completing online forms constitute electronic  communications. You consent to receive electronic communications, and you agree that all  agreements, notices, disclosures, and other communications we provide to you electronically,  via email and on the Services, satisfy any legal requirement that such communication be in  writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,  ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,  POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR  VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,  regulations, rules, ordinances, or other laws in any jurisdiction which require an original  signature or delivery or retention of non-electronic records, or to payments or the granting of  credits by any means other than electronic means. "