Website Terms of Use
Version 1.0
LedgerMail as accessible from ledgermail.io is one of the flagship
products of LedgerFi IT Solutions.
The LedgerFi IT Solutions website located at https://ledgerfi.io is
a copyrighted work belonging to LedgerFi IT Solutions Pvt Ltd.
Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in
connection with such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
These Terms of Use described the legally binding terms and
conditions that oversee your use of the Site. BY LOGGING INTO THE
SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent
that you have the authority and capacity to enter into these
Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF
YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG
INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an
individual basis to resolve disputes and also limit the remedies
available to you in the event of a dispute. These Terms of Use were
created with the help of the Terms Of Use Generator.
Access to the Site
Subject to these Terms – Company grants you a
non-transferable, non-exclusive, revocable, limited license to
access the Site solely for your own personal, noncommercial use.
Certain Restrictions – The rights approved to you in these
Terms are subject to the following restrictions: (a) you shall not
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make
derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in
order to build a similar or competitive website; and (d) except as
expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to
functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site must be retained
on all copies thereof.
Company reserves the right to change, suspend, or cease the Site
with or without notice to you. You approved that Company will not
be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance – You agree that Company will
have no obligation to provide you with any support in connection
with the Site.
Excluding any User Content that you may provide, you are aware that
all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Site and its content are owned
by Company or Company’s suppliers. Note that these Terms and access
to the Site do not give you any rights, title or interest in or to
any intellectual property rights, except for the limited access
rights expressed in Section 2.1. Company and its suppliers reserve
all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads – The Site may contain links to
third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the
control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click
on any of the Third-Party Links & Ads, the applicable third party’s
terms and policies apply, including the third party’s privacy and
data gathering practices.
Other Users – Each Site user is solely responsible for any
and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for
any User Content, whether provided by you or by others. You agree
that Company will not be responsible for any loss or damage incurred
as the result of any such interactions. If there is a dispute
between you and any Site user, we are under no obligation to become
involved.
You hereby release and forever discharge the Company and our
officers, employees, agents, successors, and assigns from, and
hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature, that has arisen
or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site. If you are a California resident, you
hereby waive California civil code section 1542 in connection with
the foregoing, which states: "a general release does not extend to
claims which the creditor does not know or suspect to exist in his
or her favor at the time of executing the release, which if known by
him or her must have materially affected his or her settlement with
the debtor."
Cookies and Web Beacons – Like any other website, LedgerFi
IT Solutions uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the
website that the visitor accessed or visited. The information is
used to optimize the users’ experience by customizing our web page
content based on visitors’ browser type and/or other information.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and
company and our suppliers expressly disclaim any and all warranties
and conditions of any kind, whether express, implied, or statutory,
including all warranties or conditions of merchantability, fitness
for a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the
site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be
accurate, reliable, free of viruses or other harmful code, complete,
legal, or safe. If applicable law requires any warranties with
respect to the site, all such warranties are limited in duration to
ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. Some jurisdictions do
not allow limitations on how long an implied warranty lasts, so the
above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or
our suppliers be liable to you or any third-party for any lost
profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or
punitive damages arising from or relating to these terms or your use
of, or incapability to use the site even if company has been advised
of the possibility of such damages. Access to and use of the site
is at your own discretion and risk, and you will be solely
responsible for any damage to your device or computer system, or
loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to
the contrary contained herein, our liability to you for any damages
arising from or related to this agreement, will at all times be
limited to a maximum of fifty U.S. dollars (u.s. $50). The existence
of more than one claim will not enlarge this limit. You agree that
our suppliers will have no liability of any kind arising from or
relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term and Termination – Subject to this Section, these Terms
will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your
Account may involve deletion of your User Content associated with
your Account from our live databases. Company will not have any
liability whatsoever to you for any termination of your rights under
these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy
Company respects the intellectual property of others and asks that
users of our Site do the same. In connection with our Site, we have
adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the
termination of users of our online Site who are repeated infringers
of intellectual property rights, including copyrights. If you
believe that one of our users is, through the use of our Site,
unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information
in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection with
the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to
the last e-mail address you provided to us and/or by prominently
posting notice of the changes on our Site. You are responsible for
providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid
our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice.
Any changes to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail notice
to you or thirty (30) calendar days following our posting of notice
of the changes on our Site. These changes will be effective
immediately for new users of our Site. Continued use of our Site
following notice of such changes shall indicate your acknowledgement
of such changes and agreement to be bound by the terms and
conditions of such changes. Dispute Resolution. Please read this
Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement – All claims and
disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally
or in small claims court shall be resolved by binding arbitration on
an individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be
held in English. This Arbitration Agreement applies to you and the
Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or
goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution – Before
either party may seek arbitration, the party must first send to the
other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice
to the Company should be sent to: Business Bay Dubai UAE. After the
Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve
the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The
amount of any settlement offer made by any party may not be
disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is
entitled.
Arbitration Rules – Arbitration shall be initiated through
the American Arbitration Association, an established alternative
dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties
shall agree to select an alternative ADR Provider. The rules of the
ADR Provider shall govern all aspects of the arbitration except to
the extent such rules are in conflict with the Terms. The AAA
Consumer Arbitration Rules governing the arbitration are available
online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is
less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved
through binding non-appearance-based arbitration, at the option of
the party seeking relief. For claims or disputes where the total
amount of the award sought is Ten Thousand U.S. Dollars (US
$10,000.00) or more, the right to a hearing will be determined by
the Arbitration Rules. Any hearing will be held in a location
within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you
reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings.
Any judgment on the award rendered by the arbitrator may be entered
in any court of competent jurisdiction. If the arbitrator grants
you an award that is greater than the last settlement offer that the
Company made to you prior to the initiation of arbitration, the
Company will pay you the greater of the award or $2,500.00. Each
party shall bear its own costs and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of
the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration – If
non-appearance based arbitration is elected, the arbitration shall
be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits – If you or the Company pursues arbitration,
the arbitration action must be initiated and/or demanded within the
statute of limitations and within any deadline imposed under the AAA
Rules for the pertinent claim.
Authority of Arbitrator – f arbitration is initiated, the
arbitrator will decide the rights and liabilities of you and the
Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award
monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and
the Terms. The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority to
award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon
you and the Company.
Waiver of Jury Trial – HE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL
IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and
are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or
federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL,
instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions – All claims and
disputes within the scope of this arbitration agreement must be
arbitrated or litigated on an individual basis and not on a class
basis, and claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any
other customer or user.
Confidentiality – All aspects of the arbitration proceeding
shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph
shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability – If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by
a court of competent jurisdiction, then such specific part or parts
shall be of no force and effect and shall be severed and the
remainder of the Agreement shall continue in full force and effect.
Right to Waive – Any or all of the rights and limitations
set forth in this Arbitration Agreement may be waived by the party
against whom the claim is asserted. Such waiver shall not waive or
affect any other portion of this Arbitration Agreement.
Survival of Agreement – This Arbitration Agreement will
survive the termination of your relationship with Company.
Small Claims Court – Nonetheless the foregoing, either you
or the Company may bring an individual action in small claims court.
Emergency Equitable Relief – Anyhow the foregoing, either
party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration. A
request for interim measures shall not be deemed a waiver of any
other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration – Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject
to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement
permits the parties to litigate in court, the parties hereby agree
to submit to the personal jurisdiction of the courts located within
Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly,
any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws
or regulations.
Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at
(800) 952-5210.
Electronic Communications – The communications between you
and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a)
consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides
to you electronically satisfy any legal obligation that such
communications would satisfy if it were be in a hard copy writing.
Entire Terms – These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to
exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles
in these Terms are for convenience only and have no legal or
contractual effect. The word "including" means "including without
limitation". If any provision of these Terms is held to be invalid
or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an
independent contractor, and neither party is an agent or partner of
the other. These Terms, and your rights and obligations herein, may
not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.
Your Privacy – Please read our
Privacy Policy.
Copyright/Trademark Information – Copyright ©. All rights
reserved. All trademarks, logos and service marks displayed on the
Site are our property or the property of other third-parties. You
are not permitted to use these Marks without our prior written
consent or the consent of such third party which may own the Marks.
Contact Information
Addres : Binary Tower, Business Bay, Dubai, UAE.
Email : [email protected]