I. Contractual Relationship
These Terms of Use (“Terms”) govern your access to or use, from within the United States and its territories and possessions, of the applications, websites, content, products and services (the “Services”, as further defined below in Section 3) made available in the United States and its territories and possessions by 3C SIGMA HOLDING CORP and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, ” 3C SIGMA HOLDING CORP”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND 3C SIGMA HOLDING CORP. In these Terms, the words “including” and “including” mean “including, but not limited to”. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. 3C SIGMA HOLDING CORP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any part thereof, at any time and for any reason.
IMPORTANT: CAREFULLY REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH 3C SIGMA HOLDING CORP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for purposes of the applicable Services. The Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
3C SIGMA HOLDING CORP may modify the Terms from time to time. Modifications will be effective upon 3C SIGMA HOLDING CORP’s posting of such updated Terms at this location or in the modified policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If 3C SIGMA HOLDING CORP changes these Terms after the date you first accepted the Terms (or any subsequent changes to these Terms), you may reject such change by providing 3C SIGMA HOLDING CORP with written notice of such rejection within 30 days after the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, 3C SIGMA HOLDING CORP, 2121 Biscayne Blvd #1721, Miami, FL 33137, or (b) by email to [email protected]. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
By rejecting the changes, you agree that you will continue to be bound by the provisions of these Terms as of the date you first accepted the Terms (or any subsequent changes to these Terms).
3C SIGMA HOLDING CORP’s collection and use of personal information in connection with the Services is described in 3C SIGMA HOLDING CORP’s Privacy Statements located at https://www.3csigma.com/terminos-y-condiciones.
II. Arbitration Agreement
By accepting the Terms, you agree that you are bound to resolve any claims you may have against 3C SIGMA HOLDING CORP individually in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, collective or representative action against 3C SIGMA HOLDING CORP, and will also preclude you from participating in or recovering relief under any current or future class, collective, consolidated or representative action brought against 3C SIGMA HOLDING CORP by another person.
Binding Arbitration Agreement between you and 3C SIGMA HOLDING CORP.
You and 3C SIGMA HOLDING CORP agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, shall be resolved by binding arbitration between you and 3C SIGMA HOLDING CORP, and not in a court of law.
You acknowledge and agree that you and 3C SIGMA HOLDING CORP waive the right to a jury trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and 3C SIGMA HOLDING CORP agree otherwise in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated or representative proceeding. However, you and 3C SIGMA HOLDING CORP reserve the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Applicable Rules and Laws.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, 3C SIGMA HOLDING CORP , including issues relating to whether the Terms are impermissible or illusory and any defenses to arbitration, including waiver, delay, laches or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), shall govern its interpretation and enforcement and proceedings thereunder. It is the intent of the parties that the FAA and AAA Rules preempt all state laws to the fullest extent permitted by law. If it is determined that the FAA and AAA Rules do not apply to any issue arising under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved in accordance with the laws of the state of Florida.
A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s list of consumer dispute arbitrators. If the parties cannot agree on an Arbitrator within seven (7) days after delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and 3C SIGMA HOLDING CORP agree otherwise, the arbitration will be held in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents that you and 3C SIGMA HOLDING CORP submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator shall have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator shall issue an award within the time period specified in the AAA Rules. Judgment on the award may be entered in any court having competent jurisdiction to do so. The Arbitrator may grant declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The decision of an Arbitrator shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and expenses, to the extent provided by applicable law.
You are solely responsible for paying any AAA filing, administrative and arbitration fees as set forth in the AAA Rules.
Notwithstanding the provisions of Section I above, with respect to consent to be bound by amendments to these Terms, if 3C SIGMA HOLDING CORP changes this Arbitration Agreement after the date you first agreed to the Terms (or any subsequent changes to the Terms), you may reject such change by providing 3C SIGMA HOLDING CORP with written notice of such rejection within 30 days after the date such change became effective. as set forth in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o 3C SIGMA HOLDING CORP, 2121 Biscayne Blvd #1721, Miami, FL 33137, or (b) by email to [email protected]. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting the changes, you agree that you will arbitrate any dispute between you and 3C SIGMA HOLDING CORP in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or any subsequent changes to the Terms).
If any part of this Arbitration Agreement is determined to be unenforceable or illegal for any reason, (1) the unenforceable or illegal provision will be severed from these Terms; (2) the severance of the unenforceable or illegal provision will have no impact on the remainder of the Arbitration Agreement or on the ability of the parties to compel arbitration of any remaining claims individually pursuant to the Arbitration Agreement; and (3) to the extent that any claims are therefore to proceed on a class, collective, consolidated or representative basis, such claims shall be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of such claims shall be stayed pending resolution of any individual claims in arbitration.
III. The Services
The Services comprise mobile applications and related services (each, an “Application”), which allow users to arrange and schedule professional services, logistics and/or delivery services and/or purchase certain goods, including with third party providers of such services and goods pursuant to an agreement with 3C SIGMA HOLDING CORP or certain of 3C SIGMA HOLDING CORP. affiliates (“Third Party Providers”). In certain cases, the Services may also include the option to receive professional services, logistics and/or delivery services for an initial fee, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed to by 3C SIGMA HOLDING CORP in a separate written agreement with you, the Services are available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN PROFESSIONAL SERVICES, LOGISTICS AND/OR DELIVERY SERVICES THROUGH USE OF THE SERVICES DOES NOT ESTABLISH 3C SIGMA HOLDING CORP AS A PROVIDER OF PROFESSIONAL SERVICES, LOGISTICS OR DELIVERY SERVICES OR AS A PROVIDER OF PROFESSIONAL SERVICES.
License.
Subject to your compliance with these Terms, 3C SIGMA HOLDING CORP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be available through the Services, in each case solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by 3C SIGMA HOLDING CORP and 3C SIGMA HOLDING CORP’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, broadcast, convey or otherwise exploit the Services, except as expressly permitted by 3C SIGMA HOLDING CORP; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link to, mirror or frame any part of the Services; (v) cause or launch any program or script for the purpose of scraping, indexing, inspecting or extracting data from any part of the Services or unduly burden or hinder the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You understand and agree that 3C SIGMA HOLDING CORP provides a technology platform that provides that products offered through the Services may be available under the various 3C SIGMA HOLDING CORP brands or request options associated with professional services or logistics. You acknowledge and agree that 3C SIGMA HOLDING CORP does not provide professional services and is not the retailer of any products offered by third party merchants (“Third Party Merchants”), other than products offered by 3C SIGMA HOLDING CORP as a merchant. You also acknowledge and agree that 3C SIGMA HOLDING CORP is not an independent third party contractor providing professional services (“Contractor”). You agree that 3C SIGMA HOLDING CORP is solely responsible for the products offered by 3C SIGMA HOLDING CORP directly as a merchant, 3C SIGMA HOLDING CORP is not responsible for the Third Party Merchant’s products and does not verify the Third Party Merchants compliance with applicable laws or regulations. You are responsible for reviewing the Third Party Merchant’s Terms and Conditions. 3C SIGMA HOLDING CORP has no responsibility or liability for acts or omissions of any External Merchant or External Contractor.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that 3C SIGMA HOLDING CORP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. 3C SIGMA HOLDING CORP does not endorse such third-party services and content and in no event shall 3C SIGMA HOLDING CORP be responsible or liable for the products or services of such third-party providers. In addition, Apple Inc, Google, Inc, Microsoft Corporation or BlackBerry Limited will be third party beneficiaries of this Agreement if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry mobile devices, respectively. These third party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third party beneficiary’s terms of service.
IV. Access to and Use of the Services
Ownership.
The Services and all rights therein are and shall remain the property of 3C SIGMA HOLDING CORP or property of 3C SIGMA HOLDING CORP’s licensors. Neither these Terms nor your use of the Services conveys or grants you any rights: (i) in or relating to the Services, except for the limited license granted above; or (ii) to use or reference in any manner the company names, logos, product and service names, trademarks or service marks of 3C SIGMA HOLDING CORP or those of 3C SIGMA HOLDING CORP’s licensors.
User Accounts.
To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the legal age of majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to 3C SIGMA HOLDING CORP certain personal information, such as your name, address, cell phone number and age, as well as at least one valid payment method supported by 3C SIGMA HOLDING CORP. You agree to maintain accurate, complete and current information in your Account. Your failure to maintain accurate, complete and current Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted in writing by 3C SIGMA HOLDING CORP, you may only have one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not permit persons under the age of 18 to receive professional services or logistics services from third party Providers unless accompanied by you. You may not assign or transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and may only access or use the Services for lawful purposes (e.g., not transporting illegal or dangerous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience or damage to property, whether to Third Party Provider or any other party. In certain cases, you may be required to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messages and Phone Calls.
You agree that 3C SIGMA HOLDING CORP may contact you by telephone or text message (including through an automatic telephone dialing system) at any of the telephone numbers provided by you or on your behalf in connection with a 3C SIGMA HOLDING CORP account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt-out of receiving text messages from 3C SIGMA HOLDING CORP at any time by contacting [email protected]. If you do not opt out, 3C SIGMA HOLDING CORP may contact you as described in its User Privacy Statement, located at https://www.3csigma.com/politicas-de-privacidad.
Referrals and Promotional Codes.
3C SIGMA HOLDING CORP may, in its sole discretion, create referral and/or promotional codes (“Promotional Codes”) that may be redeemable for discounts on Future Services and/or the services of a Third Party Provider, or other features or benefits related to the Services and/or the services of a Third Party Provider, subject to any additional terms that 3C SIGMA HOLDING CORP Establishes. You agree that Promotional Codes: (i) must be used for their intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted on a public form or otherwise), unless expressly permitted by 3C SIGMA HOLDING CORP; (iii) may be deactivated by 3C SIGMA HOLDING CORP at any time and for any reason without liability to 3C SIGMA HOLDING CORP; (iv) may only be used in accordance with the specific terms that 3C SIGMA HOLDING CORP establishes for such Promotional Code; (v) are not valid for cash; and (vi) may expire prior to use. 3C SIGMA HOLDING CORP reserves the right to withhold or deduct credits or other features or benefits earned using the referral system or Promotional Codes by you or any other user if 3C SIGMA HOLDING CORP determines or believes that the use of the referral system or the use or redemption of the Promotional Code was in error, fraudulent, illegal, or otherwise in violation of 3C SIGMA HOLDING CORP’s Terms.
User Provided Content.
3C SIGMA HOLDING CORP may, in 3C SIGMA HOLDING CORP’s sole discretion, from time to time permit you to submit, upload, post or otherwise make available to 3C SIGMA HOLDING CORP through the Services textual, audio and/or visual content and information, including comments and feedback related to the Services, initiation of support requests and submission of entries for contests and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to 3C SIGMA HOLDING CORP, you grant 3C SIGMA HOLDING CORP a worldwide, perpetual, irrevocable, transferable, royalty-free, transferable license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform and otherwise exploit such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and The 3C SIGMA HOLDING CORP Business and on third party sites and services), without prior notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant 3C SIGMA HOLDING CORP the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, posting, publication or making available of such User Content, nor 3C SIGMA HOLDING CORP’s use of the User Content as permitted herein will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or offensive, as determined by 3C SIGMA HOLDING CORP in its sole discretion, whether or not such material may be protected by law. 3C SIGMA HOLDING CORP may, but shall not be obligated to, review, monitor or remove User Content, in 3C SIGMA HOLDING CORP’s sole discretion and at any time and for any reason, without prior notice.
Network and Device Access.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and upgrading compatible hardware or devices necessary to access and use the Services and applications and any upgrades thereto. 3C SIGMA HOLDING CORP does not warrant that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Mobile Application License
Subject at all times to this Agreement, if you choose to download the Application, the following also applies: 3C SIGMA HOLDING CORP grants you a license to download, install and use one copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:
(a) revocable: we have the right to remove your ability to use the Application in accordance with these Terms;
(b) non-exclusive: other persons may access and use the Application;
(c) non-transferable: you may not pass this right to another person or sublicense the license; and
(d) limited: the license does not extend beyond what is described above.
In addition, with respect to any Application accessed through an App Store or downloaded from an App Store such as Google Play or Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product running the operating system for which it was designed and (2) as permitted by the “Usage Rules” set forth in the applicable App Store.
Subscriptions
Automatic Renewal. If you subscribe to 3C SIGMA HOLDING CORP Subscriptions, your monthly, semi-annual, annual or any type of subscription will continue indefinitely until terminated in accordance with this Agreement. After your first month or first year (as applicable, depending on the term of the subscription option you have elected) as a member of 3C SIGMA HOLDING CORP, and again after any subsequent month or year until you cancel, your subscription will automatically renew on the first day following the end of such period and will continue for an additional month or year, as applicable, at 3C SIGMA HOLDING CORP’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription.
Cancellations
3C SIGMA HOLDING CORP Cancellations. If you are a 3C SIGMA HOLDING CORP subscription customer, you may cancel your subscription at any time by logging into your Account through our Application and using the “Cancel Subscription” button accessible from the 3C SIGMA HOLDING CORP menu. If you cancel a 3C SIGMA HOLDING CORP monthly, semi-annual or annual subscription, your subscription will terminate immediately upon such cancellation and will not be renewed.
V. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). 3C SIGMA HOLDING CORP will receive and/or allow your payment of applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees as we deem necessary or appropriate for our business, including but not limited to delivery fees and service fees.
All Charges and payments will be enabled by 3C SIGMA HOLDING CORP using the preferred payment method designated in your Account, after which you will receive a receipt via email. If your primary payment method on the Account is determined to be past due, invalid or uncollectible, you agree that 3C SIGMA HOLDING CORP may use a secondary payment method on your Account, if available. Charges paid by you are final and non-refundable, unless 3C SIGMA HOLDING CORP determines otherwise.
As between you and 3C SIGMA HOLDING CORP, 3C SIGMA HOLDING CORP reserves the right to establish, eliminate and/or revise the Charges for any or all services or goods obtained through use of the Services at any time in 3C SIGMA HOLDING CORP’s sole discretion. You further acknowledge and agree that the Charges applicable in certain geographic areas may increase substantially during times of high demand. 3C SIGMA HOLDING CORP will use reasonable efforts to inform you of any Charges that may apply, provided that you are responsible for Charges incurred under your Account, regardless of your knowledge of such Charges or the amounts of such Charges. 3C SIGMA HOLDING CORP may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Services or the Charges applied to you. You may choose to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on behalf of a Third Party Provider. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional comments. 3C SIGMA HOLDING CORP may use the proceeds of any Charge for any purpose, subject to any payment obligations you have agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, the Charges incurred by you will be owed directly to the Third Party Provider, and 3C SIGMA HOLDING CORP will collect payment of those Charges from you, on behalf of the Third Party Provider as your limited payment collection agent, and payment of the Charges will be deemed the same as payment made directly by you to the Third Party Provider. In such cases, you reserve the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and the Charges incurred will be due to the Third Party Provider. 3C SIGMA HOLDING CORP will respond accordingly to any request by a Third Party Supplier to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Supplier, if applicable, for services or goods obtained in connection with its use of the Services. In all other cases, the Charges you incur will be due and payable directly to 3C SIGMA HOLDING CORP or its affiliates, where 3C SIGMA HOLDING CORP is solely responsible for any obligations to Third Party Providers. In such cases, you reserve the right to request lower Charges from 3C SIGMA HOLDING CORP for services or goods received by you from a Third Party Supplier at the time you receive such services or goods, and 3C SIGMA HOLDING CORP will respond accordingly to any request by you to modify the Charges for a particular service or good. 3C SIGMA HOLDING CORP does not designate any portion of your payment as a gratuity or tip to a Third Party Provider. Any representation by 3C SIGMA HOLDING CORP (on the 3C SIGMA HOLDING CORP website, in the Application or in 3C SIGMA HOLDING CORP’s marketing materials) that tipping is “voluntary,” “not required” and/or “included” in payments you make for services or goods provided is not intended to suggest that 3C SIGMA HOLDING CORP provides any additional amounts, beyond those described above, to a Third Party Provider that you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider that provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
VI. Disclaimers; Limitation of Liability; Indemnification.
DISCLAIMER.
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3C SIGMA HOLDING CORP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, 3C SIGMA HOLDING CORP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS ORDERED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 3C SIGMA HOLDING CORP DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOODS ORDERED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
3C SIGMA HOLDING CORP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SOLE OR CONCURRENT) OF3C SIGMA HOLDING CORP, EVEN IF 3C SIGMA HOLDING CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3C SIGMA HOLDING CORP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSS ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY SUPPLIER, EVEN IF 3C SIGMA HOLDING CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3C SIGMA HOLDING CORP SHALL NOT BE LIABLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM CAUSES BEYOND 3C SIGMA HOLDING CORP’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND 3C SIGMA HOLDING CORP’S CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, TERRORISM, OR ANY OTHER CAUSES BEYOND 3C SIGMA HOLDING CORP’S REASONABLE CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, PANDEMICS, EPIDEMICS OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, POWER, LABOR OR MATERIALS.
THE SERVICES MAY BE USED BY YOU TO ORDER AND SCHEDULE PROFESSIONAL SERVICES, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT 3C SIGMA HOLDING CORP HAS NO LIABILITY OR OBLIGATION TO YOU IN CONNECTION WITH PROFESSIONAL SERVICES, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 3C SIGMA HOLDING CORP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON 3C SIGMA HOLDING CORP’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnification.
You agree to indemnify and hold harmless 3C SIGMA HOLDING CORP and its affiliates and their officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) 3C SIGMA HOLDING CORP’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
VII. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of laws principles, except as otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida law in interpreting these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be construed as a general extension of Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable dispute as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to such disputes.
Copyright Infringement Claims.
Claims of copyright infringement should be sent to 3C SIGMA HOLDING CORP, 2121 Biscayne Blvd #1721, Miami, FL 33137.
Notice.
3C SIGMA HOLDING CORP may give notice by means of a general notice on the Services, email to your email address in your Account, telephone or text message to any telephone number provided in connection with your Account, or by written communication sent by first class mail or prepaid mail to any address connected with your Account. Such notice shall be deemed given upon expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid mail) or 12 hours after mailing (if sent by email or telephone). You may give notice to 3C SIGMA HOLDING CORP, with such notice deemed given when received by 3C SIGMA HOLDING CORP, at any time by first class mail or prepaid mail to 3C SIGMA HOLDING CORP, 2121 Biscayne Blvd #1721, Miami, FL 33137.
General.
You may not assign these Terms without the prior written approval of 3C SIGMA HOLDING CORP. 3C SIGMA HOLDING CORP may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the equity, business or assets of 3C SIGMA HOLDING CORP; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment or agency relationship exists between you, 3C SIGMA HOLDING CORP or any Third Party Provider as a result of this Agreement or your use of the Services. If any provision of these Terms is held invalid or unenforceable, such provision shall be eliminated and the remaining provisions shall be enforced to the fullest extent permitted by law. The failure of 3C SIGMA HOLDING CORP to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 3C SIGMA HOLDING CORP in writing. This provision shall not affect the Severability and Survival section of the Arbitration Agreement of these Terms.