Terms of service
TERMS AND CONDITIONS
INTRODUCTION AND ACCEPTANCE OF TERMS
This website is operated by ExoForma.com. Throughout the site, the terms “we”, “us” and “our” refer to ExoForma.com. ExoForma.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have provided consent for your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction while using the Service. You must not transmit any worms, viruses, or destructive code . A breach or violation of any Terms will result in immediate termination of Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time. Content (excluding credit card information) may be transferred unencrypted over various networks and adapted to technical requirements; credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion or use of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
https://exoforma.com/policies/privacy-policy
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Information in the Service may contain errors relating to descriptions, pricing, promotions, offers, shipping charges, transit times, and availability; we may correct, update, or cancel orders if information is inaccurate without prior notice, including after an order is submitted . We have no obligation to update information except as required by law, and any “updated” date should not indicate comprehensive updates.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL EXOFORMA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ExoForma and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is unlawful, void, or unenforceable, it shall be enforced to the fullest extent permitted, and the remainder will continue in effect.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right is not a waiver . These Terms and policies posted on the site constitute the entire agreement governing your use of the Service, superseding prior agreements . Ambiguities shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Ohio
SECTION 19: MANDATORY ARBITRATION AND CLASS-ACTION AND JURY WAIVER
We and you agree to arbitrate all disputes or claims between us arising out of or relating in any manner to the website, our products, our services, your purchases, your interactions with the website and us, and any other matter arising from or relating in any manner to the foregoing (collectively and individually, any “Claims”). This agreement to arbitrate (hereinafter “Arbitration Agreement”) is intended to be broadly interpreted. Claims include, but are not limited to: (a) Claims arising out of or relating in any manner to the Website, the Services, the Content, and the Courseware, including without limitation alleged violations of disclosure or privacy duties under statutory or common law; (b) Claims that arose before the effective date of the Agreement or any prior agreement and (c) Claims that may arise after the termination of the Agreement.
This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act, 9 U.S.C.A. §§ 1 et seq., governs the interpretation and enforcement of this Agreement. This Arbitration Agreement survives after termination of the Agreement, as set forth above.
A. Notice of Dispute and Pre-Arbitration Procedures.
a. Notice. A party who intends to pursue a Claim must first send to the other a letter describing the Claim. Any notice of dispute sent to us should be addressed to: grievance.redressal@simplilearn.net. Any notice of dispute sent to you by us shall be sent to the address in our records that is associated with your account at the time the notice of dispute is sent.
b. The notice of dispute must: (a) describe the nature and basis of the Claim; (b) propose the specific relief sought; (c) state the name and address of the claimant; and (d) include the account number to which the Claim relates. If we and you do not reach an agreement to resolve the Claim described in the notice of dispute within forty-five (45) days after the notice of dispute is received, you or we may commence a binding arbitration proceeding by filing a demand for arbitration with the American Arbitration Association or any successor of that organization (“AAA”). A form for initiating arbitration proceedings is available on the AAA's website at adr.org. If the AAA is unwilling or unable to serve as the provider of arbitration or enforce any provision of this Agreement, we may designate another arbitration organization with similar procedures to serve as the provider of arbitration.
c. If you or we attempt to commence arbitration proceedings before providing the requisite notice of dispute, you or we hereby agree to withdraw the demand for arbitration without prejudice to re-filing it forty-five (45) days after the date on which the premature arbitration demand was first filed. Neither you nor we shall disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim.
d. You shall be responsible for paying any and all fees and costs associated with any arbitration you initiate, including without limitation your own attorneys’ fees.
B. Arbitration Procedures.
a. Rules. The arbitration will be administered by the AAA and governed by the Commercial Arbitration Rules of the AAA (in the case of commercial accounts) and by the Consumer Arbitration Rules of the AAA (in the case of consumer accounts), as modified by this Agreement. The AAA Rules are available online at adr.org or by calling the AAA at 800-778-7879. In the event of any inconsistency between the AAA’s rules and this Agreement, the terms of this Arbitration Agreement shall control.
b. Proceedings. All Claims shall be determined by one arbitrator. Any Claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, and the arbitrator’s award can be entered as a judgement in a court of competent jurisdiction and enforced as such. Except as provided by applicable law, the arbitrator’s award is not subject to judicial review and cannot be appealed.
c. Any determination as to whether this Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court of competent jurisdiction.
d. If the value of the relief sought (either to you or to us) is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to you or to us) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Collin County in the State of Texas, unless otherwise required by law.
e. Unless both you and we agree otherwise, you or we, as applicable, must bring all related or similar Claims in a single arbitration proceeding. If you or we later initiate a subsequent arbitration asserting Claims that are related or similar to ones that were raised by such party in a prior arbitration, the AAA or the arbitrator shall either: (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing; or (ii) dismiss the subsequent arbitration if it raises Claims that would be barred by applicable law if brought in court. The arbitrator will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of any statutes of limitation, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit.
C. CLASS ACTION WAIVER. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY INJUNCTIVE RELIEF MUST BE INDIVIDUALIZED IN NATURE AND CANNOT AFFECT ACCOUNTHOLDERS OTHER THAN THE CLAIMANT. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC. FURTHERMORE, UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
D. WAIVER OF JURY TRIAL. BY AGREEING TO BINDING ARBITRATION, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY AS PERMITTED BY LAW IN RESPECT OF ANY CLAIM. FURTHERMORE, WITHOUT INTENDING IN ANY WAY TO LIMIT THIS ARBITRATION PROVISIONS OF THIS AGREEMENT, TO THE EXTENT THAT ANY CLAIM IS NOT ARBITRATED, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN RESPECT OF SUCH CLAIM. THIS WAIVER OF JURY TRIAL SHALL REMAIN IN EFFECT EVEN IF THE CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE.
E. Severability. If any provision in this Agreement other than the Class Action Waiver is found to be unenforceable, the remaining provisions shall remain fully enforceable.
F. Right to Opt-Out. You have the right to opt-out of this Arbitration Agreement and it will not affect any other terms and conditions of the Agreement or your relationship with us. To opt-out, you must notify us in writing of your intent to do so within thirty (30) days after this Arbitration Agreement was provided to or agreed to by you. Your opt-out will not be effective and you will be deemed to have consented and agreed to this Arbitration Agreement unless your notice of intent to opt-out is received by the Company in writing within such thirty (30) day time period. Your notice of intent to opt-out must include the account numbers to which the request applies, must state “I elect to opt-out of the Arbitration Agreement” or words to that effect, and must be sent to the following email address in a timely manner: support@exoforma.com. If you request to opt-out of the Arbitration Agreement, we will provide a confirmation communication back to you within ten (10) days of receipt of your written notice. If you opt out of this Arbitration Agreement in a timely manner, this Agreement shall be governed by and construed in accordance with the Laws of Ohio and the courts located in Cuyahoga County shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
G. Availability of Small Claims Court and Access to Government Agencies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about these Terms should be sent to support@exoforma.com.
SECTION 22 – SMS MARKETING DISCLOSURES
By consenting to ExoForma's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@exoforma.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
SECTION 23 - PRODUCT USE AND TESTING
Intended Use - ExoForma products are formulated for automotive care and must be used strictly in accordance with the label instructions. Any use beyond those instructions, including prolonged dwell times, application on unsupported surfaces, or combination with other chemicals, is considered misuse.
Test First - Before full-scale application, customers agree to test each product on a small, inconspicuous area of the vehicle or trim. This “spot test” is the sole method to verify compatibility and to prevent unintended reactions or finishes.
It is the customer’s responsibility to read and follow all safety data sheets (SDS) and product labels, to perform spot testing, and to ensure proper ventilation, personal protective equipment, and application conditions. Failure to adhere to these requirements voids any implied or express warranty.
SECTION 24: ADDITIONAL DISCLAIMERS AND FORCE MAJEURE
YOU FURTHER AGREE THAT EXOFORMA DOES NOT AND CANNOT PROMISE OR WARRANT THAT ANY ASPECT OF OUR WEBSITE OR APP IS FREE OF VIRUSES OR ANY HARMFUL OR DESTRUCTIVE CODE OR MALWARE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT AND LEGALLY COMPLIANT PROCEDURES AND PROCESSES TO MONITOR, PROTECT, AND ADDRESS YOUR DATA AND INFORMATION SYSTEMS. EXOFORMA WILL NOT BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY ARISING FROM OR RELATED IN ANY MANNER TO ANY DATA BREACH, INCIDENT, OR MALWARE CAUSED DIRECTLY OR INDIRECTLY BY YOUR ACCESS TO OR USE OF OUR WEBSITE OR APP. WE ALSO DO NOT REPRESENT, PROMISE OR WARRANT THAT THE WEBSITE WILL ALWAYS WORK PROPERLY. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR LEGAL DUTIES AND/OR NEEDS FOR DATA BACKUP AND SECURITY.
You further understand and acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of ExoForma’s control, and thus ExoForma will not be responsible for any delays, failures, or damages associated with the Website which result from any system delays, downtimes, interruptions or other failures of or problems with the Website that are outside our control. We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.