Terms and Conditions - BIBERA GROUP, LLC

Terms & Conditions

Welcome to the website operated by Bibera Group, LLC (the “Company,” “we,” or “us”). These Terms and Conditions (the “Terms”) govern the contractual relationship between the Company and the individual person or entity (“you” or “your”) who accesses or uses the website or content, service or feature available through the website (collectively, the “Website”). Therefore, PLEASE READ THESE TERMS CAREFULLY, IN ITS ENTIRETY, BEFORE ACCESSING OR USING THE WEBSITE.

Acceptance of Terms

Your use of the Website will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Website.

Intellectual Property Rights

All information, text, photographs, graphics, images, videos, logos, data, software, and other materials including Company trademarks, service marks and copyrights (collectively the “Content”) found on the Website are owned or licensed by the Company and may not be used, copied, broadcast, distributed, uploaded, posted or shared in any way without the express written consent of the Company.

Company expressly reserves all intellectual property rights in the Content. Nothing contained on the Website grants or should be construed as granting any license or right to use the Content for any purpose without the express written consent of the Company.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website:

to violate any applicable law or regulation;
to infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights;
for any purpose that is unlawful or prohibited by these Terms;
to cause harm or damage to any person or entity;
to interfere with the proper operation of the Website; or
to upload, post or transmit any material that violates any law, infringes on the rights of any third party, or contains defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable material (as determined by the Company in its sole discretion)

Third-Party Websites

The Website may contain links to other websites or resources. These links are for your convenience only and are not under our control and are not subject to our Privacy Policy. We recommend that you check the privacy policies of each such website to determine how your information will be used.

Privacy Policy

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy. For a detailed description of Company information collection practices, please see our Privacy Policy, which is incorporated herein by reference.

Disclaimer

THE MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE.

ANY MATERIAL VIEWED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE COMPANY TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.

Termination

Company in its sole discretion may terminate or restrict your use or access to the Website for any reason, including, without limitation, if Company believes you have violated or acted inconsistently with these Terms.

Waiver

Company failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.

Severability

In the event that any provision or part of any provision in these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, then the provision shall be deemed severed and separated from the other provisions of these Terms, which shall remain in full force and effect. To the extent enforcement is limited, then the provision or provisions so affected shall be deemed to have been modified to the extent necessary to make said provision or provisions enforceable.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.

Delays and Accessibility

The Website may be subject to limitations, delays, failures, or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Website. Company is not liable if the Website is unavailable at any time for any reason.

Changes to Terms

From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.

Changes to Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. The materials and services at the Website may be out of date, and Company makes no commitment to update the materials and services at this Website.

Entire Agreement

These Terms and the Privacy Policy constitute the entire integrated agreement between you and Company with respect to the Website and supersede all prior understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Comments and Questions

If you have questions or comments about the Terms, you may email us at [email protected]

Last Modified: December 9, 2022