TERMS OF USE AGREEMENT

By using James A. Vail, LLC's products, software ("Software"), services ("Services") or websites ("Websites"), (collectively, "Vail Services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at www.javail.net. Your continued access or use of Vail Services constitutes your acceptance of any updated Terms.

1.USE OF SERVICES

Jams A. Vail, LLC, its subsidiaries and affiliated companies ("Company") offer Vail Services to you, provided that you are over the age of 13 and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

2.APPROPRIATE CONDUCT

You understand that all information, data, text, messages, or other materials ("Content") are the sole responsibility of the person from which such Content originated. Company reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Vail Services. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Vail Services and for any consequences thereof. You agree to use Vail Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Vail Services or servers or networks connected to Vail Services. To report any activity or Content that may violate the Terms, please go to www.javail.net. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

3.PROPRIETARY RIGHTS

Company's Rights

You acknowledge and agree that Vail Services and any necessary Software used in connection with Vail Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Vail Services and related Content presented to you through Vail Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content or Software in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Company grants you a personal, non-transferable and non-exclusive right and license to its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Company in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Vail Services. You agree not to access Vail Services by any means other than through the interface that is provided by Company for use in accessing Vail Services, except as specifically authorized in a separate written agreement. Except as expressly authorized by Company you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Company's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Vail Services.

Your Rights

Company claims no ownership over any Content submitted, posted or displayed by you on or through Vail Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Vail Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Vail Services which are intended to be available to the members of the public, you grant Company a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Vail Services for the purpose of displaying, distributing and promoting Vail Services. Company reserves the right to syndicate Content submitted, posted or displayed by you on or through Vail Services and use that Content in connection with any service offered by Company. Company furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

4.SOFTWARE AND UPDATES

Your use of any Software provided by Company will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Company Software may automatically report version number or other diagnostic information. Upgrades to the Software to update, enhance and further develop Vail Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions may be made periodically, but will not automatically update on your personal computer after you have downloaded the Software.

5.POLICIES REGARDING COPYRIGHT AND TRADEMARK

It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. Any use of Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and only with express written permission from Company.

6.GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Vail Services.

7.PERSONAL NON-COMMERCIAL USE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Vail Services, use of Vail Services, or access to Vail Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

8.MODIFICATIONS TO SERVICE

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Vail Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Vail Services.

9.TERMINATION

You may discontinue your use of Vail Services at any time. You agree that Company may at any time and for any reason terminate your access to Vail Services, or terminate the Terms. In the event of termination, you may not be granted access to Vail Services. Sections 9 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms, shall survive termination.

10.LINKS

Company makes no representations as to the security, quality or propriety of any website which may be accessed through this Website. Connected websites accessed through this Website are independent websites over which Company does not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by Company. Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company 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 use of or reliance on any content, goods or services available on or through any such site or resource.

11.INDEMNITY

You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, licensors, suppliers or partners, (collectively "Company and Partners") from and against any third party claim arising from or in any way related to your use of Vail Services, violation of the Terms or any other actions connected with use of Vail Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

12.DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF VAIL SERVICES IS AT YOUR SOLE RISK. VAIL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.COMPANY AND PARTNERS DO NOT WARRANT THAT (i) VAIL SERVICES WILL MEET YOUR REQUIREMENTS, (ii) VAIL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VAIL SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH VAIL SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL OBTAINED THROUGH THE USE OF VAIL SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM VAIL SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE VAIL SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VAIL SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VAIL SERVICES; OR (v) ANY OTHER MATTER RELATING TO VAIL SERVICES.

14.EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

16.NOTICE

You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Vail Services.

17.GENERAL INFORMATION

Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Company and govern your use of Vail Services, superseding any prior agreements between you and Company for the use of Vail Services. You also may be subject to additional terms and conditions that may apply when you use certain other Vail Services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and Company shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Vail Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.

PRIVACY POLICY

Your privacy is important to us. It is not necessary to register in order to use our services. We will collect no personal information about you when you visit our website unless you choose to give that information to us through an e-mail message.

Information Collected and Stored Automatically.

When you access our website, no information that identifies you personally is automatically collected. The functionality of our website may require the use of cookies. A cookie is a small text file placed on your computer's hard drive. It contains information about your visit to the website, but cannot be used to personally identify you.

If you browse through our website, download files, read content, or download other available information, we may automatically collect and store information about your visit including:

If You Send Us A Message Via E-mail

You do not have to register or give us any personal information to visit our website or use its services. If you send us an e-mail, we will use any information you send us in order to reply to your message and handle your request.

Links to other sites

This website contains links to other sites outside of our control. These include links to websites operated by advertisers, nonprofit organizations and private businesses. When you click on a link to visit another site, you are leaving our website and this Privacy Policy will no longer apply. When you go to another website, you are subject to the privacy policy of the new site.

RETURNS AND CANCELLATIONS

As a buyer of translation services, you agree to pay for delivered services in full. In certain cases, however, cancellations are allowed if prior agreement is obtained with the Company. Normally in such cases, remuneration shall be based on the work completed as of the time of the project's cancellation.

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