Maverick Terms of Service - Personalized Videos at Scale for E-Commerce

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Maverick Lab Inc. ("Company", “we”, “us”, or “our”), concerning your access to and use of our online service, made available through our website with a homepage at https://www.trymaverick.com/ or such other subdomains, websites, or applications as we may designate from time to time (the “Site”), and all features, content, tools, applications, application program interfaces, widgets and other tools and services included on or made available by us through the Site (collectively, the “Service”). We are registered in California, United States and have our registered office at 255 BERRY ST, APT 408, SAN FRANCISCO, CA 94158. You agree that by accessing the Service in any manner, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The scope of your access to the Service is determined or otherwise limited by the terms of the subscription plan identified and described on an order form executed by you and the Company and incorporating these Terms of Service, or through such other ordering process (including via online registration) as may be permitted by the Company from time to time (an “Order”). The Company may choose not to accept Orders at its sole and absolute discretion. For the avoidance of doubt, all Orders accepted by the Company shall be subject to these Terms of Service.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use the Site or the Service so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site or the Service after the date such revised Terms of Service are posted.

The Service and its outputs are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from or with respect to other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Service. You may not use the Service in a way that would violate any applicable laws, rules, and regulations (including, by way of example and without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), the Telephone Consumer Protection Act of 1990, the Communications Decency Act of 1996, and the Gramm-Leach-Bliley Act (GLBA)).

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS OF SERVICE ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION.

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2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), the trademarks, service marks, and logos contained therein (the “Marks”), all software and other technologies embodied in or used to provide the Service, and all intellectual property rights in or to any of the foregoing (the “Company IP”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Company IP is provided through the Service “AS IS,”. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks or other Company IP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed. The Service is provided for your internal use only.

Provided that you are eligible to use the Service, you are granted a limited right to access and use the Service in accordance with the subscription plan indicated on your Order, solely for your internal use and in accordance with the limitations and restrictions set forth in these Terms of Service, in the Order, and in our standard documentation. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; and (4) you will not use the Service for any illegal or unauthorized purpose.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if you otherwise violate these Terms of Service in any manner, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. FEES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

- PayPal

Fees payable for your access to and use of the Service will be as set forth on your Order. You agree to provide current, complete, and accurate purchase and account information to facilitate payment of such fees. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. By providing your payment information to us or by otherwise registering for a user account, you are expressly authorizing us to charge to your payment method all fees associated with the subscription plan selected on your Order. We bill you through an online billing account. Sales tax will be added to the price of purchases as deemed required by us. Except as otherwise set forth on an applicable Order, we may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase 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 you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

5. FREE TRIAL

Where so set forth on an applicable Order, we may offer a free trial to new users who register with the Service. If your subscription plan begins with a free trial, your payment method will be charged according to your chosen subscription at the end of the free trial, unless to cancel your subscription prior to the expiration of the trial.

6. CANCELLATION

Except whether otherwise set forth your Order, you can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid subscription term.

If you are unsatisfied with our services, please email us at team@trymaverick.com or call us at (415) 779-2408.

7. PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available.

As a user of the Service, you agree not to:

Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
Use any information or outputs obtained from the Service in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Service in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Service.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
Attempt to bypass any measures of the Service designed to prevent or restrict access to the Site, or any portion of the Service.
Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Service.
Make any unauthorized use of the Service, including sending unsolicited email or marketing materials, or violating the rights of privacy or publicity of any person.
Use the Service as part of any effort to compete with us.

8. USER GENERATED CONTRIBUTIONS

The Service may permit you to upload or input materials and content (including, without limitation, images, videos, and audio files) to be used by you in connection with the Service for purposes of creating Generated Content (as defined below). As between you and the Company, you are solely responsible for any information, data, audio and/or visual content, materials, images, trademarks, tradenames, logos, and other content that you upload or input to or in connection with the Service (collectively, “Contributions”), and for the accuracy, quality, integrity, legality, reliability, and appropriateness of the same. Without limiting the generality of the foregoing, you shall not upload or input to or in connection with the Service any Contributions or other information, materials, or content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) you know to be inaccurate, incomplete, or incorrect, (iii) violates any applicable law, (iv) is, or is likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors, or (v) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. Additionally, you represent and warrant to the Company that, with respect to any Contributions in which any individual is pictured or recorded (audially or visually), you have or have obtained all permissions and consents from such individual (and, where such individual is a minor, from such minor’s legal guardian) necessary for you to properly comply with these Terms of Service, to grant the license to the Company set forth below, and to otherwise access and use (and permit the access and use of) such Contributions as contemplated hereunder.

The Service is designed to allow you to generate creative, marketing, and other content and to otherwise process and create generative content based on your Contributions. As between you and the Company, you are solely and exclusively responsible for your processing of Contributions by means of the Service, for any products, results, or outputs generated by such processing (“Generated Content”), and for any use of or reliance on such Generated Content by you or any third party. The Company has no control over, and makes no representations or warranties with respect to, the availability, accuracy, quality, or reliability of any Contributions or Generated Content generated through use of the Service, and the Company shall not have any responsibility or liability to you or any third party with respect to the same.

By creating any Generated Content, you represent, warrant, and covenant that: (i) to the extent your Generated Content contains Contributions, you have all rights, licenses, and permissions necessary to use such Contributions, and that the Contributions otherwise complies in all respects with the requirements of the preceding paragraph hereof; (ii) the Generated Content is not, nor is it likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors; (iii) the Generated Content does not violate any applicable law; and (iv) the Generated Content does not violate the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party.

You understand and acknowledge that Generated Content you create through the Service may be a function of your Contributions and the interaction of the same with certain artificial intelligence tools. The Company does not, and is not obligated to, monitor or review Generated Content, including, without limitation, to confirm its accuracy, legality, appropriateness, or otherwise, and the Company disclaims any responsibility for or obligation with respect to Generated Content. The Company makes no representations or warranties whatsoever that any Generated Content, including where generated through use of artificial intelligence tools, is or will be (i) accurate, appropriate, or in compliance with applicable laws; (ii) unique to you and not substantially similar to any content generated by other users of the Service; or (iii) copyrightable or otherwise subject to legal ownership by you. As between you and the Company, you are solely and exclusively responsible for any Generated Content you create and for your use thereof, and for determining the legality, appropriateness, and suitability of the Generated Content, both independently and in the context of your intended use.

The Service may permit you to download your Generated Content or to post or distribute your generated content to public spaces or to entities or individuals through third-party social media, email distribution, or similar platforms (a “Distribution Platform”). You, and not the Company, are solely and completely responsible for your use of any Generated Content, including, without limitation, for any downloading, posting, distribution, or other transmission of the same. To the extent you elect to post or distribute any Generated Content through any Distribution Platform, you understand that such posting may be subject to additional terms and conditions established by the applicable Distribution Platform (“Platform Terms”), and that you are solely and completely responsible for ensuring your compliance with such Platform Terms. By downloading, posting, distributing, or otherwise transmitting any Generated Content, you represent and warrant to the Company that such Generated Content (i) does not violate any provision of these Terms of Service, (ii) where posted to or distributed by a Distribution Platform, does not violate any applicable Platform Terms, (iii) does not violate the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, and (iv) is in full compliance with all applicable laws. You agree to indemnify and hold the Company harmless from and against any costs, losses, or liability arising in any way from your use of Generated Content, including, without limitation, your downloading, posting, distribution, or transmission of the same, or otherwise arising in any way from your activities on or with respect to any Distribution Platform, and for any breach by you of the representations and warranties contained in this Section.

9. CONTRIBUTION LICENSE

You acknowledge that for the Company to deliver the Service to high levels of quality, the Company requires the freedom to apply its algorithms, know-how and methodology. Accordingly, and notwithstanding anything in these Terms of Service to the contrary, the Company shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any data or other information that the Company learns, acquires, is provided, or obtains in connection with these Terms of Service and its provision of the Service hereunder (including, without limitation, Contributions, Generated Content, and performance and usage data with respect to your use of and interactions with the Service) within the scope of its regular business operations, including, without limitation, (i) developing, operating, training, and ensuring the integrity of our data sets, artificial intelligence models, algorithms and other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing, improving and conducting quality assurance testing with respect to our software and other products and services, (iii) conducting research studies, and (iv) marketing, distributing, and otherwise making our products and services, including data analytics and insights, available to the Company’s customers and other third parties

10. FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

11. THIRD-PARTY WEBSITES AND CONTENT

The Service may contain, integrate with, or allow you to access other websites, applications, and services not owned by the Company (including, but not limited to, Distribution Platforms) ("Third-Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, 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 Service or any Third-Party Content posted on, available through, or installed from the Service, 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 Site 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 Terms of Service 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 Site or relating to any applications you use or install from the Service. 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 harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us 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.

12. U.S. GOVERNMENT RIGHTS

The Service constitutes “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If rights to access the Service are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), the Service is subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If rights to access the Service are acquired by or on behalf of any agency within the Department of Defense, the Service is subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.

13. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) 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 Generated Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.trymaverick.com/pp. By using the Service in any manner, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Service is hosted in the United States. If you access the Service 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 Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

15. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use any portion of the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE ANY CONTENT OR GENERATED CONTENT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Except where otherwise set forth in your Order, your subscription plan will automatically renew for additional subscription terms of the same length unless your subscription plan is canceled by you or terminated by us before the date of such renewal. YOU MUST CANCEL YOUR SUBSCRIPTION PLAN BEFORE IT RENEWS FOR A RENEWAL PERIOD IN ORDER TO AVOID BILLING FOR THE RENEWAL PERIOD TO YOUR PAYMENT METHOD AT THE THEN-CURRENT PRICE. Should you wish to cancel your subscription plan, you may do so at any time; however, any such cancellation will not become effective until the expiration of your then-current subscription term and you will continue to have access to the Service during any period for which you have already paid. THE COMPANY DOES NOT PROVIDE REFUNDS OR CREDITS, INCLUDING FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove any Content at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any Content on our Site. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service 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 Service during any downtime or discontinuance of the Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, California. 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 Terms of Service.

In no event shall any Dispute brought by either Party related in any way to the Service 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.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. 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.

19. CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

20. DISCLAIMER

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND ANY OUTPUTS OF SUCH USE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE 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 SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY OUTPUTS THEREOF, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR OUTPUTS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY OUTPUTS GENERATED THEREFROM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

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: (1) your Contributions; (2) use of the Service and any Generated Content; (3) your breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or rights of privacy or publicity; or (6) any action, claim, dispute, or transaction between you and any third party (including, without limitation, your customers and prospective customers). 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.

23. USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service (including, without limitation, your Contributions and Generated Content). You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Service, 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 Service, 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 SERVICE. 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.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Site or the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service are personal to you and may not be assigned. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

27. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

The Maverick Lab Inc.

255 BERRY ST, APT 408

SAN FRANCISCO, CA 94158

United States

Phone: (415) 779-2408

team@trymaverick.com