PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE UNLATCH WEBSITE.
UNLATCH reserves the right to modify, add to, or delete these terms and conditions periodically in its sole discretion. Your use of this website constitutes acceptance of the terms and conditions stated herein.
Conduct
You agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any information and / or content available on this website. You agree not to engage in any conduct or action that is prohibited by law or violates any federal, state or local law.
Trademarks
All materials contained on this website are copyrighted by UNLATCH except where explicitly noted otherwise. You acknowledge and agree that all content, including but not limited to text, video, sound, music, renderings, designs, movie trailers, graphics, film clips, photographs or other material contained in this website ("Works") is protected by copyrights, trademarks, service marks, patents, design patents, or other proprietary rights and laws. You understand and agree that you may not copy, reproduce, republish, distribute, modify or create derivative works from these Works or otherwise use, transmit, upload, rebroadcast or publish in any form these Works other than as expressly authorized by this Agreement without UNLATCH's prior, written consent.
Links to Third Party Sites
This website may contain links to third party websites, which are not under the control of UNLATCH. UNLATCH makes no representations whatsoever about any other website to which you may have access through this website. When you access a third party website, you do so at your own risk and acknowledge that UNLATCH is not responsible or liable for any content, advertising, products or other materials available from such third party Websites. You also agree that UNLATCH shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website. Mention of third party companies and websites on the UNLATCH website is for informational purposes only and does not constitute an endorsement or recommendation. Marks in any way without UNLATCH's prior written permission. The use of UNLATCH's Marks on any other website is prohibited.
THE CONTENT AND WORKS ON OR OTHERWISE RELATED IN ANY WAY TO THE UNLATCH SITE OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE UNLATCH SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNLATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR WORKS WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE UNLATCH SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY ARISE FROM USING THIS WEBSITE. UNLATCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST UNLATCH WITH RESPECT TO CONTENT, MATERIAL, OR WORKS OBTAINED FROM THIS WEBSITE OR ANY LINKED THIRD PARTY WEBSITES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNLATCH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OR WORKS ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF UNLATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Indemnification
You agree, at your expense, to indemnify, defend and hold harmless UNLATCH, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of your breach of this Agreement or in connection with your use of this website or any product or service related thereto.
Jurisdictional and Venue Issues
You agree that any action at law or in equity arising out of or relating to these terms of use or the UNLATCH website shall be filed, and that venue properly lies, only in state or federal courts located in Clark County, in the State of Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that any material or Works on this website are appropriate or available for use in any particular location. Those who choose to access this website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
You shall use your best efforts to cooperate with UNLATCH in the defense of any claims. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subjected to indemnification by you.
General Provisions
These terms of use shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to."
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE UNLATCH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, UNLATCH, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD, SERVICES PROVIDED, OR THE OPERATION, CONTENT OR USE OF UNLATCH'S WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, UNLATCH'S WEBSITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
Reservation of Rights
Any rights not expressly granted herein are reserved.
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