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TERMS OF USE
Last updated: 06/04/2024
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. USER REPRESENTATIONS
3. PROHIBITED ACTIVITIES
4. CONTRIBUTION LICENSE
5. BOT MANAGEMENT
6. TERM AND TERMINATION
7. MODIFICATIONS AND INTERRUPTIONS
8. GOVERNING LAW
9. CORRECTIONS
10. DISCLAIMER
11. LIMITATIONS OF LIABILITY
12. INDEMNIFICATION
13. USER DATA
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
15. MISCELLANEOUS
16. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”)
and EreshBot (“we," “us," or “our”), concerning your access to and use of EreshBot (the “Bot”).
You agree that by accessing the Bot, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE BOT AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Bot 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 Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, 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 Bot 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 Use by your continued use of
the Bot after the date such revised Terms of Use are posted.
The information provided on the Bot is not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or 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 Bot from 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.
2. USER REPRESENTATIONS
By using the Bot, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Bot through automated or non-human means, whether through a bot, script, or otherwise;
(4) you will not use the Bot for any illegal or unauthorized purpose; and
(5) your use of the Bot will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Bot (or any portion thereof).
3. PROHIBITED ACTIVITIES
You may not access or use the Bot for any purpose other than that for which we make the Bot available.
The Bot may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Bot, you agree not to:
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Bot.
• Use any information obtained from the Bot 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 Bot in a manner inconsistent with any applicable laws or regulations.
• Engage in any automated use of the system, such as using scripts to send commands, or using any robots or similar tools.
• Interfere with, disrupt, or create an undue burden on the Bot or the networks or services connected to the Bot.
• Harass, annoy, intimidate, or threaten any of our developers engaged in providing any portion of the Bot to you.
• Attempt to bypass any measures of the Bot designed to prevent or restrict access to the Bot, or any portion of the Bot.
4. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy
and your choices (including settings).
5. BOT MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Bot for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
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 any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Bot 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 Bot in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Bot.
6. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Bot.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE BOT, 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 USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
BOT OR DELETE ANY CONTENT OR INFORMATION THAT YOU SUBMITTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
7. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Bot at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Bot. We also reserve the right to modify or discontinue all or part of the
Bot 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 Bot.
We cannot guarantee the Bot will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Bot, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Bot 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 Bot
during any downtime or discontinuance of the Bot. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Bot or to supply any corrections, updates, or releases in connection therewith.
8. GOVERNING LAW
These Terms shall be governed by and defined following the laws of the United States and State of Georgia, and yourself irrevocably consent that
the courts of Georgia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
9. CORRECTIONS
There may be information on the Bot 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
Bot at any time, without prior notice.
10. DISCLAIMER
THE BOT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE BOT AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BOT 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 BOT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE BOT 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 BOT,
(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 BOT,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BOT BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOT.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BOT,
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.
11. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, OR DEVELOPERS 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 BOT,
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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
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.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees,
and developers 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) use of the Bot;
(2) breach of these Terms of Use;
(3) any breach of your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Bot with whom you connected via the Bot. 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.
13. USER DATA
We may maintain certain data that you transmit to the Bot for the purpose of managing the performance of the Bot, as well as data relating to your use of the Bot.
You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Bot.
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.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Bot, 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 Bot, 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 BOT.
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.
15. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Bot or in respect to the Bot constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. 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 Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use 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 Use or use of the Bot.
You agree that these Terms of Use 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 Use and the lack of signing by the parties hereto to execute these Terms of Use.
16. CONTACT US
In order to resolve a complaint regarding the BOT or to receive further information regarding use of the Bot, please contact Andell#4301 on Discord.