BY USING THE SITE, YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER; THIS AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH TIMELESS TECHNOLOGIES INC.
Last updated October 21, 2023
This Website, as defined below, is controlled, operated, and administered by Timeless Technology, Inc. and its subsidiaries (“Company,” “Timeless Technology, Inc.,” “We,” “Us,” or “Our”). The Site is the property of the Company and its licensors.
These terms and conditions of use apply to the Company’s Website located at https://iscreators.com/ and all applicable subdomains of https://iscreators.com/ owned by the Company (collectively, the “Site,” the “Website”), by accessing and using the Site, such as when you (“User,” “you,” or “your”) agree to the following Terms of Use (collectively, the “Terms of Use,” “Terms”), which may modify, changed, amended, supplemented, and updated from time to time, and all related laws and regulations.
Access to Services. Through the Site, you have access to various resources and content. These include (a) the services’ creation of a Pitch Deck, Startup Valuation, and Investor Contact List (“Services”); (b) web pages, data, messages, text, images, photographs, graphics, audio and video materials such as podcasts and webcasts, and documents such as press releases, white papers and product specifications (“Materials”). The Services, Materials, and other information, Content, and services are collectively called “Content.”
Headings. These Terms are divided into “Section Headings,” which are for convenience only and should not be used to limit or construe such sections.
Eligibility. By using the Site, you represent and warrant that you:
(a) are 18 years of age or older;
(b) are not barred from using the Site under any applicable law;
(c) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, including but not limited to Syria, Sudan, Crimea, North Korea, Iran, or Cuba;
(d) are not identified as a “Specially Designated National” by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or placed on the U.S. Department of Commerce’s Denied Person List;
(e) are either (i) using the Site only for your personal use or (ii) using the Site for another entity with authorization from such entity, and you have authority to agree to and do agree to these Terms of Use and other agreements, policies, and terms located on the Site and its subdomains on behalf of such entity;
(f) are have read and agree to the Terms of Use and other agreements, policies, and terms located on the Site and its subdomains; and
(g) will comply with the Terms of Use and other agreements, policies, and terms located on the Site and its subdomains and all applicable local, state, national, and international laws, rules, and regulations in your usage of the Site.
1.1 Visiting and using the Website means accepting these Terms and your Agreement with all the provisions set forth below, including the Privacy Policy and other Agreements, Terms, and Policies that incorporate these Terms by reference or are available in another section of the Site. These documents are effective simultaneously, complement each other, and bind all persons using the Website.
1.2 The terms and conditions of these Terms of Use can be accepted by the User only in full. Partial refusal to fulfill the Conditions is not allowed. Individual services regulate additional Agreements and rules posted on the Site’s relevant pages. These documents are integral parts of these Terms and Conditions and are mandatory for all Users when using the services if such are provided.
1.3 The User’s references to ignorance of these Terms of Use and additions to them are not a reason for the User’s failure to comply with them. All actions perfect by the User on the Site are considered actions of a person familiar with the Site’s Terms of Use and additions and has accepted the specified rules.
1.4 If you use the Website on behalf of Your organization, that organization is assuming to accept these terms. A user acting as a legal entity must be officially registered and proceed per the legislation of the relevant jurisdiction, both at the registration and in each territory where his Company does business.
1.5 Read these Terms of Use carefully. If You do not agree with any of the terms, please do not use this Website, information, Content, and hyperlinks that are present on it.
2.1 The Company reserves the right at any time in its sole discretion to change, add or remove these Terms of Use clauses.
2.2 These terms can be changed, supplemented, or updated at any time by the Company at its sole discretion and without prior notice.
2.3 You are responsible for periodically checking these Terms of Use for changes. Your continued use of the Website following the posting of changes constitutes your acceptance of those changes. Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to visit and use the Website.
2.4 We recommend visiting this page regularly for possible updates and changes. Your continued use of the Website also confirms your Agreement to the terms with all changes, modifications, additions, and updates made by us.
3.1 Information on the Website
3.1.1 The information and information on the Website are provided as reference information and do not constitute a financial, accounting, professional, or investment recommendation.
3.1.2 You understand and agree to the following:
(a) The Company is not an investment advisor nor broker trades on your behalf.
(b) The Company does not provide investment advice.
(c) The Company is not responsible for any damages resulting from your actions.
(d) The Company is not authorized by any financial regulator to directly offer securities distribution services to investors. Nothing in this document should be understood as a direct offer of services to investors.
(e) The content or statements published on this Website should not be construed as an endorsement by any financial authority.
3.1.3 Statements on this Website may constitute forward-looking and cautionary statements under the Private Securities Litigation Reform Act of 1995 or other applicable laws. Although these forward-looking statements reflect our current judgment about the future, they are subject to risks and uncertainties that could materially cause actual results to differ. We caution you not to rely on these forward-looking statements, which reflect our opinion only, as such statements are posted on the Site. Please note that we are not obligated to revise or publicly release the results of any revisions to these forward-looking statements in light of new information or future events. Please note sections 3.1.1, 3.1.2, 3.1.5, and 3.1.6 of these Terms.
3.1.4 The information of third parties provided to the Company and Communication emanating from its Communities in social networks and other information available through the Site is intended for informational purposes only. It is not intended as an offer to buy or sell any financial instrument or as an official confirmation of any transaction. The information provided does not guarantee completeness or accuracy and is subject to change without notice.
3.1.5 The information, services, and functions presented on the Site’s pages are “AS IS” and cannot be changed under the wishes of an individual or a group of persons unless otherwise established by these Terms or supplements.
3.1.6 Please note that some of the Company’s listed functions are currently under development and available after publication.
3.2 Content
3.2.1 All text, graphics, user interfaces, visual interfaces, photographs, trademark names, logos, sounds, music, images, and software codes (“Content”), including but not limited to design, structure, selection, coordination, appearance, the general style and layout of this Content included in the Site is owned, operated and licensed by Company and protected by trade rules, copyright, patent law, and trademark law, as well as other rights related to intellectual property and faith laws unfair competition.
3.2.2 No part of the Site and the Content may be copied, reproduced, published, posted on the Internet, sent by mail, publicly demonstrated, encoded, translated, transmitted, or distributed in any way (including “duplication”) to any other computer, server, Website or any other medium for publication, distribution or any commercial enterprise without the prior express wrote consent of Company.
3.2.3 You may use information about the Company products and services (such as general information, knowledge base articles, and similar materials if available on the Site) that the Company has provided for download from the Site, provided that you (a) leave all copyright notices to everyone languages in all copies of such documents, (b) you will use such information only for personal, non-commercial information purposes and will not copy or post such information on any network computer or transmit it in any medium of information transmission, (c) you will enter into such information no changes, (d) you will not make additional representations or give guarantees regarding such documents.
3.3 Services for Startups
Note. We specialize in services such as Pitch Deck, Startup Valuation, and Investor Contact List. Also, the number and name of services may change; current information is provided on the Site.
3.3.1 Services and their terms are published on the website. Information may change from time to time.
3.3.2. The services are provided as is, without any warranties or representations, including without guarantees of the accuracy of any information, as well as the accuracy of the content of the result of the service, and the services and their results do not constitute accounting, financial, investment or other advice.
3.4 Purchases and Payments.
3.4.1 The Content may contain the option for You to purchase certain Company products and services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified in the Content at the time of order.
3.4.2 All purchases (payments for services) are final, and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of purchase, indicated by the Company in writing, or as may be required under applicable law. All transactions are void where prohibited by law. The Company may request further information from You to confirm the order and method of payment.
3.4.3 The Company reserves the right to terminate or suspend access to the Content or any related license, subscription, product, or service if You fail to pay any amounts when due.
3.4.4 The Company reserves the right to terminate or suspend access to the Content or any related license, subscription, product, or service if You fail to pay any amounts when due. You shall reimburse the Company for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations concerning amounts due to the Company in connection with the Content shall survive the expiration or termination of the Terms of Use for any reason.
3.4.5 Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to the Company and/or the applicable third-party payment processor to charge Your selected payment methods. The Company and/or the applicable third-party payment processor shall charge, and You shall be responsible for, all taxes, tariffs, levies, or duties applicable to Your payment, excluding taxes applied against the Company’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Content are denominated in U.S. dollars.
3.4.6 You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that You provide to us and (b) maintaining the confidentiality and security of Your account information, including without limitation to payment methods. You should not disclose Your payment information to anyone. Likewise, you are responsible for all transactions on Your account, including unauthorized transactions.
3.5 Trademarks and Intellectual Property
3.5.1 The Site and Content provided on or through the Site are intellectual property and copyrighted by the Company or a third-party provider. All rights, titles, and interests not expressly granted about the Site and the Content provided on or through the Site are reserved.
3.5.2 Trademarks, logos, and service marks displayed on this Website are trademarks of Timeless Technology, Inc., and/or its subsidiaries and affiliates.
3.5.3 Any other trademarks, service marks of products and services, and logos (trademarks) found on the pages of this Website are registered trademarks of the Company and, or other companies.
3.5.4 Site users are forbidden from using trademarks without the Company’s prior written permission or other companies that own the corresponding trademark rights.
3.5.5 Unauthorized copying, distribution, modification, public display, or performance of copyrighted works may violate the copyright owner’s rights. You agree that you will not use the Site or any Company Websites to infringe on the intellectual property rights of the Company or the intellectual property rights of others.
3.6 Trademark Abuse
3.6.1 Please report any abuse of the Company's marks to [email protected] and provide us with as much information as possible about uses you believe may infringe on copyright. We will investigate the abuse and take appropriate action if warranted.
3.6.2 If you need to make a DMCA request, complete the request by filling out the “Digital Millennium Copyright Act Notice.” If there is anything you do not understand, please get in touch with us first by email, and we will provide more detailed information.
3.7 Your Content and Privacy
3.7.1 The personal data you provide to the Company to obtain products or services will be processed per our Privacy Policy.
3.7.2 Company does not plan to receive confidential or proprietary information from you through our Website. Any information or materials submitted to the Company will not be considered confidential.
3.7.3 Feedback from you and other recommendations are essential to us. Still, we have the right to use them without any restrictions or obligations to pay you remuneration for them, and we also are not obliged to keep them as confidential information.
3.8 Prohibition of Action
3.8.1 It is prohibited to use any means of “deep linking,” “web scraping,” “robots,” “spiders,” or other automatic devices, programs, algorithms, or methods, as well as any similar or equivalent manual processes, access, acquire, copy or track any part of the Site or any Content. It is prohibited to reproduce or circumvent the navigation structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents, or information not expressly provided through the Site. The Company reserves the right to block such actions.
3.8.2 It is forbidden to try to gain unauthorized access to any part or functionality of the Site, any other systems or networks related to the Site or any Company server, and any services offered on the Site or through the Site by hacking, “analyzing” the password or any other illegal means.
3.8.3 It is prohibited to identify, scan, or check deficiencies in the Site’s security system or any network related to the Site and violate the Site’s security or authentication system or any network related to the Site.
3.8.4 It is prohibited to perform a reverse search, track, or attempt to track any information about any other user or visitor of the Site, or any other buyer of the Company, including any Company accounts that do not belong to you, to the source, as well as to use the Site or any service or information available on the Site or offered through the Site in any way, if the purpose is to disclose any information, including, but not limited to, personal identification information or information that does not belong to you, under the conditions established by the Site.
3.8.5 You may not display (“mirroring”) materials from this Site on other websites or media. Any software and other materials provided through this Site for downloading, accessing, or otherwise using and accompanied by its license terms are governed by such terms, conditions, and notices. Failure by you to comply with such provisions or any of the provisions contained on this Site will automatically terminate all rights granted to you without any prior notice, and you must immediately destroy all copies of the downloaded material in your possession, storage, or control.
3.8.6 It is prohibited to forge headers or otherwise manipulate identifiers to distort the source of any message or data you send to the Company through the Site, any service offered on the Site, or any other way. It is prohibited to impersonate another person, organization, or representative of another person.
3.8.7 You may not use the Site or any Content for any purpose prohibited by law or these Terms of Use or incite any illegal activity or other activity that violates the Company’s rights or others.
3.8.8 You agree not to take any action that places an unreasonable or disproportionately large load on the infrastructure of the Site or Company systems or networks or any systems or networks related to the Site or Company.
3.8.9 You agree not to use any device, program, or procedure to interfere with or attempt to interfere with the proper functioning of the Site, any transactions conducted on the Site, or any other person’s use of the Site.
3.8.10 You agree that you will not use the Site in this way or share any Content that: (a) is false or misleading; (b) is defamatory, demeaning, degrading, or insulting to another, or constitutes a personal assault; (c) invades the privacy of another person or includes, copies or transmits another person’s confidential, confidential or personal information; (d) promotes bigotry, racism, hatred or harm to any group or individual; (e) obscene or not in good taste; (f) violates or contributes to the violation or infringement of the rights of others, including intellectual property rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses; (h) violates or contributes to the violation of any applicable laws or regulations; (i) contains a collection of funds, goods or services, or promotes or advertises goods, or services; or (j) contains any viruses, Trojans or other components designed to limit or disrupt the functionality of your computer. The Company may report you to the appropriate authorities and act in full per applicable law if you transmit or upload Content that intends to cause harm.
4.1 Data Encryption
4.1.1 All data sent to or from the Site is encrypted in transit using 256-bit encryption. The Site’s transport security requires TLS to protect the information in the internal network between services and the public network between the Site’s applications and the Site’s cloud infrastructure. TLS configuration requires at least TLS version 1.2 and the Strongest Encryption suites that support significant security features such as Forward Secrecy; this means that we try to use strong cipher suites and features like HSTS, Perfect Forward Secrecy, and others.
4.1.2 Regardless of the security methods provided by the Company, it is impossible to guarantee one hundred percent secure data transmission over the Internet or electronic storage. We ask you to understand your responsibility to take independent security measures to protect your personal information.
4.2 DDoS Protection
4.2.1 We use Cloudflare to filter out existing DDoS attacks at the network, transport, session layers, and the web application layer for HTTP(s)/Websocket traffic.
4.3 Monitoring
4.3.1 The Company is not obligated to monitor or display Content posted on or through the Site.
4.3.2 The Company reserves the right to view the Site and the Content posted on the Site and track its use and activity; remove or not provide access to any Content on or through the Site at its sole discretion.
4.3.3 The Company may remove confidential Content or the property of a third party without the permission of that third party.
5.1 Third-Party Websites
5.1.1 The Site provides links to websites and access to Content, products, and services of third parties, including users, advertisers, affiliates, and sponsors. The Company is not responsible for Third-party Content provided on or through the Site, as well as for any changes or updates to such third-party sites, and you bear all risks associated with accessing and using such websites and third-party Content, products, and services.
5.2 Rules of the Official Company Communities
5.2.1 The Site may contain links to the official Company Communities in social networks (“Company Communities”), additional regulatory rules from Community administrators may apply on the Company Community pages, and rules for using these websites. Please review them before using the Communities.
5.3 Business Affairs and Partnerships
5.3.1 This Website may contain links to websites and resources of other companies. The Company makes no representations, warranties, other commitments, or endorsements regarding other companies’ websites or resources that may reference any Company Website that can be accessed from any Company Website. In addition, the Company is not a party to any transactions and is not responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) on the Company’s Site. Websites of other firms may contain the Company’s logo or trademarks of the Company’s services and products; when accessing such a Site, you should understand that it is independent of the Company and that the Company has no control over its contents.
5.3.2 If you would like to request cooperation, contact us using the contacts provided in the relevant section of the Website.
6.1 Information posted by the Company on the Internet may contain links or cross-references to the Company products, programs, or services not declared or provided in your country. Such links do not imply that the Company intends to advertise or provide products, programs, or services in your country.
6.2 The Site may be available in various languages, but this does not mean the services are available in the regions that speak these languages.
6.3 For information about products and services available in your country, contact Customer Support. Contact information is available on the Company Website.
7.1 The Company allows you to create only such links to this Website in which the link and the pages activated by it: (a) do not create frames around the page on this Website and do not use other mechanisms that in any way change the visual presentation and appearance of any materials on this Website; (b) do not misrepresent your relationship with Company; (c) do not imply that Company expresses its approval or makes recommendations regarding you, your Website or your product and service offerings; (d) do not create a false or misleading impression about the Company or otherwise damage the business reputation associated with the name or trademarks of the Company. As an additional condition for obtaining permission to create links to this Website, you agree that the Company may revoke the license to create links to this Website at any time at its sole discretion. In this case, you agree to remove all links to this Website and terminate the related use of any Company trademarks.
Note. This section describes how the Company delivers communications to you electronically and handles your requests, including support requests and others. We may amend this section at any time by providing a revised version on our Website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our Website.
8.1 Electronic Delivery of Communications
8.1.1 You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide concerning your use of Company Site and Services. Communications include:
(а) Agreements, terms, and policies you agree to (e.g., the Terms of Use and Privacy Policy), including updates to these agreements or policies;
(b) Legal, regulatory, or statements we may be required to make available to you;
(c) Responses to claims or customer support; and
(d) Any other information related to you as a Site user or our services.
8.1.2 We will provide these Communications to you by posting them on the Company Site, emailing them to you at the primary email address listed in your newsletter profile, or by return email to your email address from which the request was sent, also communicating to you via instant chat, or through other electronic communication such as text message or mobile push notification (if applicable).
8.1.3 To access and retain electronic Communications, you will need the following computer hardware and software:
(a) A device with an Internet connection;
(b) A current web browser that includes 128-bit encryption (e.g., Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
(c) A valid email address (your primary email address); and
(d) Sufficient storage space to save past Communications or an installed printer to print them.
8.1.3 It is your responsibility to provide us with a valid, accurate, and complete email address and your contact information and to keep such information up to date. You understand and agree that if the Company sends you an electronic Communication. However, if you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, the Company will be deemed to have provided the Communication to you.
8.1.4 You may withdraw your consent to receive Communications electronically by contacting us at [email protected]; in the subject or body of the letter, indicate that this request is related to the Site https://iscreators.com/. If you fail to provide or withdraw your consent to receive Communications electronically, in this case, the Company reserves the right to immediately refuse to provide services available through the Site and close Site access or other resources associated with the Company or charge you additional fees for paper copies.
8.2 Request Processing Rules
8.2.1 Whenever we receive a request, we carry out the necessary checks and process it as we see fit.
8.2.2 We try to respond to all legitimate inquiries within one month, but it may take more than a month if your request is particularly complex or you have made multiple requests.
8.2.3 Note that there are several requests the Company does not process; see section 8.5 for these provisions.
8.3 Legal Request
8.3.1 Requests related to issues of a legal nature are sent to the email address [email protected]. Requests of a similar nature received at another email address shall not be processed and remain unanswered.
8.4 Technical and General Requests
8.4.1 To get answers to questions of a general nature, and therefore, questions related to general information, we are actively updating the information on the Site. The information is structured by sections, allowing you to select the section you need per the subject of the question and get answers; product presentations accompany some sections to provide an overall picture of the product or service. Therefore, support requests containing general questions and referring to general information have a lower priority than requests related to technical questions, so they may take significantly longer to process.
8.4.2 Requests related to technical issues regarding the Company’s products and services presented on the Site are sent to the support service contacts available.
8.5 Requests Not Processed by the Company
8.5.1 The Company does not handle overly general or vague requests.
8.5.2 The Company does not process requests related to commenting or justifying one or another decision that the Company made.
8.5.3 The Company has the right not to respond to requests, not within its competence or requests drawn up in violation of the law.
8.5.4 The Company does not process requests that contain: a) links to inappropriate materials; b) sexist, racist, or other offensive material; c) obscene expressions; d) threats against other persons; e) false information discrediting the honor and dignity of another person or undermining his reputation; f) and for other requests that violate the rights.
8.5.5 Without questioning the preceding, you agree that the Company may, at its discretion, bring you a claim to protect its rights and submit it to a court in the territory of your country of residence, the jurisdiction of which extends to such claims related to insulting, the humiliation of human dignity, libel, defamatory information and any other offenses that you have committed against Company and its employees.
DISCLAIMER OF WARRANTIES AND LIABILITY: GENERAL
USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY KIND. TIMELESS TECHNOLOGY INC AND ITS SUBSIDIARIES AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, REPRESENTATIONS, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TIMELESS TECHNOLOGY INC AND ITS SUBSIDIARIES, AS WELL AS ITS AFFILIATES, EXPRESSLY MAKE NO GUARANTEES OR GUARANTEES THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TIMELESS TECHNOLOGY INC AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TIMELESS TECHNOLOGY INC AND SUBSIDIARIES AND AFFILIATES SERVICE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TIMELESS TECHNOLOGY INC AND SUBSIDIARIES AND ITS AFFILIATES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISCLAIMER OF WARRANTIES AND LIABILITY: SERVICES
TIMELESS TECHNOLOGY INC. AND SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY ON THE PERFORMANCE OR CONTINUOUS AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES.
DISCLAIMER OF WARRANTIES AND LIABILITY: USE OF THE SITE
ANY CONTENT OR ACCESS DOWNLOADED OR OTHERWISE OBTAINED WHEN THE SITE IS USED AT YOUR SOLE RISK. TIMELESS TECHNOLOGY INC., AND ITS SUBSIDIARIES, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA ARISING OUT OF DOWNLOADING OR USING THE CONTENT.
DISCLAIMER OF WARRANTIES AND LIABILITY: ADVISOR CONCERNING ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS INFORMATION
FOR THE AVOIDANCE OF DOUBT, THE COMPANY DOES NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE. THE COMPANY MAY PROVIDE EDUCATIONAL INFORMATION ABOUT STARTUPS, TRENDS IN THE STARTUP MARKET, INVESTMENTS, AND VENTURE FUNDS NOT SUPPORTED BY THE COMPANY TO ASSIST USERS IN LEARNING MORE ABOUT THIS MARKET. INFORMATION MAY INCLUDE BUT IS NOT LIMITED TO, BLOG POSTS, ARTICLES, LINKS TO THIRD-PARTY CONTENT, NEWS FEEDS, TUTORIALS, AND VIDEOS. THE INFORMATION PROVIDED ON ISCREATORS.COM OR ANY SUCH THIRD-PARTY SITES DOES NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, OR ANY OTHER ADVICE, AND YOU SHOULD NOT TREAT ANY OF THE WEBSITE’S CONTENT AS SUCH. THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR THE DECISIONS YOU MAKE IN FAVOR OF CREATING A STARTUP, OPENING A BUSINESS, INVESTING IN A STARTUP, AND OTHER INVESTMENTS.
THE COMPANY IS NOT ACTING AND CAN ACT AS YOUR ADVISOR CONCERNING ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY U.S. LAW.
DISCLAIMER OF WARRANTIES AND LIABILITY: THE LEGALITY OF THE SERVICES
THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE LEGALITY OF THE SERVICES FOR ANY USE CASE OR THAT THE SERVICES MAY MEET ANY REGULATORY AND COMPLIANCE NEEDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH ALL LEGAL AND REGULATORY RESTRICTIONS AND REQUIREMENTS THAT MAY GOVERN YOUR USE OF THE SERVICES AND SITE.
DISCLAIMER OF WARRANTIES AND LIABILITY: JURISDICTIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT TO WHICH THEY ARE CONSIDERED INVALID, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS STATED IN THESE TERMS OF USE, INCLUDING SECTION IX, ARE NOT APPLIED AND PROVIDED BY THESE TERMS OF USE.
DISCLAIMER INFORMATION
ALTHOUGH PROVIDING THE MOST ACCURATE AND RELIABLE INFORMATION IS ONE OF THE TASKS ASSIGNED TO THE COMPANY, IT DOES NOT TAKE RESPONSIBILITY FOR THE EXCEPTIONAL RELIABILITY OF THE INFORMATION.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR DELETE ANY PART OF THE INFORMATION POSTED ON THE SITE OR RELATED FUNCTIONALITY, INCLUDING THE SOFTWARE CATALOG AND SECTION.
ALL INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY GUARANTEES, EXPRESS OR IMPLIED. THE COMPANY FULLY, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ANY LIABILITY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLICIT WARRANTIES OF FITNESS FOR USE, AS WELL AS GUARANTEES OF THE LEGALITY OF ANY INFORMATION, PRODUCT, OR SERVICE OBTAINED OR PURCHASED THROUGH THIS SITE. THE COMPANY DOES NOT PROVIDE ANY GUARANTEES AND MAKES NO REPRESENTATIONS REGARDING THE USEFULNESS, LEGALITY, FAIRNESS, ACCURACY, OR RELIABILITY OF THIS SITE OR THE RESULTS OF ITS USE, AS WELL AS ANY MATERIALS POSTED ON IT OR SITES LINKED TO ON THE SITE PAGES.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE CARELESSNESS OR NEGLIGENCE OF USERS, IS THE COMPANY NOT RESPONSIBLE FOR ANY DAMAGE (DIRECT OR INDIRECT, INCIDENTAL OR NATURAL), INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFITS ASSOCIATED WITH THE USE OR INABILITY TO USE THIS SITE, OR MATERIALS ON THIS SITE, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN WARNING ABOUT THE POSSIBILITY OF SUCH LOSS.
9.1 Enforceability and Validity of the Provisions
9.1.1 If any provision of these Terms is found illegal, invalid, or unenforceable, then this provision will be considered separable and will not affect the validity and enforceability of the remaining provisions. However, such part or provision may change to make the Terms of Use legal and enforceable. The balance of the Terms of Use will not be affected.
9.2. Compensation for Damages and Loss
9.2.1 You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claim, liability, loss, or expense, including reasonable attorney fees and costs, in connection with or in connection with the Content you share, your violation of these Terms of Use or any additional rules, guidelines or terms of use published for a specific area of the Site or Content provided on or through the Site, or your violation, or violation of any third party rights, including intellectual property rights.
9.2.2 If using this Site leads to additional maintenance, correction, or repair of your equipment or data recovery, all related costs are paid by you.
10.1 Class Action Waiver and Arbitration
10.1.1 You and Company agree to arbitrate any disputes, controversies, or claims (any of the foregoing, a “Claim”) arising from these Terms of Use or relating to the Services. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Timeless Technology, Inc. agree to the following:
(a) You and Timeless Technology, Inc. agree that any dispute, claim, or disagreements arising out of or relating in any way to your access to or use of the Services or of the Timeless Technology, Inc. and any Communications you receive, any products sold or distributed through the Timeless Technology, Inc. the Services, or the Terms of Use and prior versions of the Terms of Use, including claims and disputes that arose between us before the effective date of these Terms (each, a “Claim”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Timeless Technology, Inc. may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Timeless Technology, Inc. may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of these Terms of Use, the Claim will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use, as well as claims that may arise after the termination of these Terms of Use;
(b) NEITHER YOU NOR TIMELESS TECHNOLOGY, INC. WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED IN SECTION 10.1.1 (a) OF THESE TERMS OF USE;
(c) Arbitration will only decide your or our Claim, and you may not consolidate or join the Claims of other persons with similar Claims. YOU AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR AS A PRIVATE ATTORNEY GENERAL ON ANY CLAIM COVERED OR ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES;
(d) To notify each other of any dispute within thirty (30) days of when the cause of the dispute arises; and
(e) To attempt informal resolution before any demand for arbitration.
If any party chooses arbitration, the following will apply:
(f) Arbitration will be conducted confidentially by a single arbitrator per the JAMS Streamlined Arbitration Rules—Delaware Rapid Arbitration Act (“DRAA”) unless your aggregated Claims are for $250,000 or more, in which case it’s New York’s accelerated program shall apply. Thus, if a contract value is more than $250,000, the Parties may choose New York’s law without any New York connection, and if the contract value exceeds $1,000,000, then the parties may access New York courts without any other connection. (N.Y. Gen Oblig. Law §§ 5-1401-02).
(g) Arbitration shall occur in Delaware or New York, depending on contract value as specified in section 10.1.1(f) of these Terms of Use, and the arbitrator shall apply applicable substantive law consistent with the Federal—Arbitration Act, 9 USC §§ 1 through 16, including but not limited to applicable statutes of limitation, and shall honor claims of privilege recognized at law;
(h) In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each Party shall disclose the evidence supporting their positions at a mutually agreeable time and date before the final hearing;
(i) At the request of either Party, all arbitration proceedings will be conducted in the utmost secrecy and, in such case, all documents, testimony, and records shall be received, heard, and maintained by the arbitrators in secrecy under seal, available for inspection only by the parties, their respective attorneys, and their respective experts, consultants, or witnesses who have agreed, in advance and in writing, to receive all such information as confidential to be used solely for purposes of the arbitration; and
(j) Other than class procedures and remedies discussed herein, the arbitrator can grant any remedy otherwise available in court.
10.2 Waiver
10.2.1 No waiver by Timeless Technology, Inc., whether by conduct or otherwise, of any term, provision, or condition outlined in these Terms Of Use shall be deemed a further or continuing waiver of such term, provision, or condition or a waiver of any other term, provision, or condition. Any failure or delay of Timeless Technology, Inc. to assert a right or provision under these Terms Of Use shall not constitute a waiver of such right or provision.
10.3 Assignment
10.3.1 User shall not assign this Agreement without the Company’s written consent. Any assignment or transfer in violation of this Section 8.2 will be void. The Company may assign these Terms of Use to an affiliate. Subject to the preceding, these Terms of Use and the rights and obligations of the Parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators, and legal representatives.
10.4 Governing Law and Venue
10.4.1 These Terms of Use shall be governed by and construed per the domestic Laws of the State of Delaware, without giving effect to any choice or conflict of laws provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Delaware. Arbitration will apply as specified in section 10.1.1, except as provided in section 10.1.1(a)
10.4.2 You agree to submit to the jurisdiction of those courts and consent to their jurisdiction over any such arbitration or legal action proceeding.
11.1 If you have any legal issues related to these Terms of Use or suggestions for improving them, please send them to [email protected].
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New York, NY 10013
United States
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