Ermoza Ltd. Terms of Use

This website (the “Site”), is owned and operated by Ermoza Ltd. (“Ermoza”, “we”, “us” or “our”). Any use of this Site, or any services offered or made available on the Site from time to time (“Services”), is subject to and conditioned upon your consent to and compliance with, these Terms of Use (the “Agreement”) and our Privacy Policy https://search.expresstopic.com/privacy-policy as may be amended from time to time (the “Privacy Policy”). By accessing and using the Site and/or any Services offered through it, you hereby consent to be bound and abide by this Agreement. If you do not agree with any of the provisions of the Agreement or the Privacy Policy, do not access to the Site or use the Services.

1.Definitions

1.1. "Availability" means your ability to access and use the Site and/or the Services.

1.2. "Content" means any information of any kind (but excluding Information, as defined in the Privacy Policy) incorporated in the Site, including, but not limited to, texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Site, whether owned by Ermoza or by a third party that granted Ermoza with a right to use it in the Site.

1.3. “Subscription Term” means the period during which you will be using the Services.

1.4. "You" means the legal entity or individual that is using the Site and/or the Services.

1.5. "Use" means any accessing and/or viewing and/or visiting and/or browsing the Site and/or the Services for any purpose.

2.Disclaimer

2.1. Our Site displays and makes available content, promotions, advertisements, and offers provided by third parties, as well as goods and services offered by third parties.

2.2. All information regarding the products and services on this Site is provided by the third party advertiser with which we have a financial connection. Upon clicking on any of the links on our Site, you will be redirected to the third party advertiser’s site and you should be solely responsible to review and to comply with their own terms of use and privacy policy. We are not affiliate with the third party advertiser other than stated above. We do not recommend or endorse any product or service advertised on this Site. We may receive payment for potential customer referrals and have economic interest in such referral. We are advertising on behalf of a third party advertisers with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral.

2.3. You understand and agree that we shall not be responsible and shall have no liability for any third party promotion or product or for your activities on any third party websites linked to our Site (“Linked Websites”). In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of or your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any questions or concerns to the Linked Website’s owner. We reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of these websites.

3.Eligibility and Compliance with Laws

3.1. By accessing the Site or using any of the Services, you represent and warrant that you are at least eighteen (18) years old, or at the legal age as determined in your domicile, and with the full authority, right, and capacity to agree to this Agreement as a binding contract and abide by all of the terms and conditions hereunder. You further represent and warrant that all information supplied by you is true and accurate that you will not abuse our Site. If we believe such conduct has occurred, we reserve the right to deny you access to our Site, as determined by us in our sole discretion.

3.2. Access or Use of the Internet or of certain websites may be prohibited in certain territories and/or certain restrictions may apply to you in such territories. Don’t Use this Site or the Services if such Use is prohibited under law applicable to you. You agree that your Use of the Site and/or Services shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.

4.Changes to Terms of Use and Policies

4.1. This Agreement remains in full force and effect while you use the Site and/or the Services, as the case may be.

4.2. We reserve the right, to change, modify or otherwise alter this Agreement and the Privacy Policy at any time in our sole discretion, which change, modification or alteration is effective upon posting. It is your responsibility to review this Agreement and the Privacy Policy, for changes each time before you use our Service. Your continued use of our Service following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of the notice of changes.

5.Proprietary Rights

5.1. The Site, the Services and the Content therein are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Services and the Site are and shall remain our exclusive property or our licensors. Nothing in this Site or Services grant any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other Content on this Site including the Services is strictly prohibited.

5.2. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Site or the Services (or any part thereof, or any software underlying the Service), other than as expressly authorized by Ermoza. Any and all trademarks, service marks, product names, and trade names of Ermoza appearing on or through the Site and/or Service are exclusively owned by Ermoza. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent.

5.3. Our Site is intended for use by natural persons. Any access or use of the Site by any automated means including but not limited to spiders, bots, scrapers and the like is prohibited. Any use of any information collected by such automated means constitutes a violation of this Agreement. Any use of the Site or any parts thereof or information therein for any commercial purposes is prohibited.

5.4. You agree that we may electronically monitor our Site and disclose any content, records, or electronic communication of any kind: (i) to satisfy any legal process or request; (ii) to operate our Site; or (iii) to protect our rights or the rights of our users, vendors, sponsors, providers, and licensors.

6.Amendments to Services and Availability

6.1. As for the Site, Ermoza shall use its best commercial efforts to keep the Site and/or the Services available and working, but does not provide any warranty for the Availability of the Site and/or Services.

6.2. Please note that we hereby reserve the right to remove or amend the Site and/or the Services, and/or any service or material we provide as part of them, in our sole discretion without prior notice.

7.No Warranty

7.1. THE SITE AND THE SERVICES, OR ANY OTHER SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AVAILABILITY, QUALITY, COMPLETENESS OF THE SERVICES, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. NEITHER Ermoza, ITS SUBSIDIARIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE SITE AND THE SERVICES OFFERED THROUGH IT

7.2. THE SITE PROVIDES CERTAIN INFORMATION ABOUT Ermoza AND ITS SERVICES. SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO PROVIDE ANY REPRESENTATION OR WARRANTIES AS TO THE SERVICES, THEIR CAPABILITIES OR THEIR USE. Ermoza IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

8.Limitation Of Liability

8.1. TO THE MAXIMUM EXTENT APPLICABLE BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY LAW OR AGREEMENT, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DOWNTIME COSTS, LOSS OF INCOME, PROFITS, REVENUE, BUSINESS, REPUTATION OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA AND/OR UNDERTAKING THE RESTORATION OF DATA OR COST OF SUBSTITUTE SERVICE, OR OTHER ECONOMIC LOSS) ARISING OUT OF OR IN CONNECTION WITH THE SITE, HOWEVER ARISING. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT INCORPORATED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE;

8.2. TO THE MAXIMUM EXTENT APPLICABLE BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY LAW OR AGREEMENT, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIOS, LOST OF PROFITS, DOWNTIME COSTS, LOSS OF INCOME, PROFITS, REVENUE, BUSINESS, REPUTATION OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF DATA AND/OR UNDERTAKING THE RESTORATION OF DATA OR COST OF SUBSTITUTE SERVICE, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY MATERIALS THEREON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, IN CONNECTION WITH THE SERVICES WILL NOT EXCEED USD $100.

9.Indemnification

You will defend, indemnify and hold Ermoza (including our subsidiaries, officers, directors, employees or suppliers) from and against all claims, losses, costs, damages, liabilities and expenses (including without limitations, reasonable attorney's fees) incurred by Ermoza due to your breach of this Agreement.

10.Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the republic of Cyprus, excluding its choice of law principals. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Limassol, Cyprus.

11.Limitation of Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year as of such claim or cause of action arose or be forever barred.

12.General

12.1. The Agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning such subject matter.

12.2. The headings in the Agreement are for convenience of reference only and have no legal effect.

12.3. You may not assign or transfer the Agreement, in whole or in part, without Ermoza' prior written consent. Ermoza may, without your consent, assign this Agreement, provided that any such successor agrees to fulfill Ermoza' obligations pursuant to this Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

12.4. The failure of Ermoza to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Last Updated: May 22nd, 2019