TERMS OF USE
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 Ergool , doing business as Kailab(“KAILAB" we, "us, or our), concerning your access to and use of
the http.www.ergool.com website as well as any other media form, media channel, mobile website or mobile a
application related, link or otherwise connected thereto (collectively, the "Site"), You agree that by accessing the
Site. you have read, understood, and agree to be bound by all of these Term of Use. IF YOU DO NOT AGREE WITH WITHALL
OF THESE TTERMS OFERMSOF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUEOISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the
Site 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 tor 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. It is your responsibility to periodically review these Terms of Use to stay
informed of updates. 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 Site after the date such revised terms of use are
posted.
The Information provided on the Site s 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 Site 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.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA)
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to Use
or register for the site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated. the Site is our proprietary property and all source code, databases, functionality.
Software, website designs, audio-video, text. photographs, and graphics on the Site (collectively. the "Content) and
the trademarks. service marks and logos contained therein (the "Marks) are owned or controlled by user licensed to
us and are protected by copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and international conventions The Content and
the Marks are provided on the Site "AS IS for your information and personal use only. Except as expressly provided
in these terms of use no part of the Site and no Content or Marks may be copied, reproduced, aggregated republished,
uploaded. posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and the Site and to
download or print a copy of any portion of the Contend to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and
the Marks.
USER REPRESENTATIONS
By using the Site. you represent and warrant that: (1) all registration information you submit will be true,
accurate current, and complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary: (3) you have the legal capacity and you agree to comply with these Terms of
Use (4) you are not a minor in the jurisdiction in which you reside, (5) you will not access the Site through
automated or non-human means, whether through a bot, script or otherwise, (6) you will not use the Site for any
illegal or unauthorized purpose; and (7) your use of the Site 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 Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT
We accept the following forms of payment:
-Visa
- MasterCard
-American Express
-Discover
-PayPal
You may be required to purchase or pay a fee to access some of our services You agree to provide current complete,
and accurate purchase and account information for all purchases made via the Site You further agree to promptly
update account and payment information, including email address, payment method, and payment card expiration date,
so that we can complete your transactions and contact you as needed We bill you through an online billing account
for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time All payments shall be in U.S dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge
your chosen payment provider for any such amounts upon making your purchase If your purchase is subject to recurring
charges, then you consent to our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received
payment We also reserve the right to refuse any order placed through the Site.
FREE TRIAL
We offer a 365-day free trial to new users who register with the Site. The account will be charged according to the
user's chosen subscription at the end of the free trial.
CANCELLATION
You can cancel your subscription at any time by logging into your account Your cancellation will take effect at the
end of the current paid term.
If you are unsatisfied with our services, please email us at kailab.Ilc@gmail.com.
SOFTWARE
We may include software for use in connection with our services. If such software is accompanied by an end-user
license agreement (EULA), the terms of the EULA will govern your use of the software. if such software is not
accompanied by a EULA then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use
such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any
related documentation is provided 'as is" without warranty of any kind, either expres9 or implied, including,
without limitation, the implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or performance of any Software You may not
reproduce or redistribute any software except in accordance with the EULA or these terms of Use.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The site
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 Site. you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
2 Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means
or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site
4 Use the Site to advertise or offer to sell goods and services
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a
part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of
the Site.
17. Haras8, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the
Site to you.
18 Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or, other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any
party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site.
21 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange formats
('gifs"). 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "'spyware or passive
collection mechanisms or pcs)
22. Except as may be the result of a standard search engine or internet browser usage, use, launch, develop or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or other software.
23 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform publish,
distribute, or broadcast content and materials to us or on the Site, including but not limited to text writings,
video, audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively
Contributions") Contributions may be viewable by other users of the Site and through the third party website As
such, any Contributions you transmit may be treated as non-confidential and non-proprietary when you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permission to use
and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms of Use.
3. You have the written consent. release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person to enable infusion
and use of your Contributions in any manner contemplated by the Site and these Terms of use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule
10. Your Contributions do not violate the privacy or publicity rights of any third party
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of
18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin gender,
sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your tights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your
account from the Site to any of your social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce disclose, sell
resell, publish, broadcast, retile, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names,
log0s, and personal and commercial images you provide You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in any area on the Ste. You are solely
responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions;(2) to re-categorize any Contributions to place them in more appropriate locations on the Site and (3)
to pre-screen or delete any Contributions at any time and for any reason, without notice We have no obligation to
monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings When posting a review you must comply with the
following criteria (1) you should have firsthand experience with the person/entity being reviewed, (2)your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate language, (3) your reviews should not
contain discriminatory references based on religion, race, gender, national origin, marital status, sexual
orientation, or disability, (4) your reviews should not contain references to illegal activity (5) you should not be
afflicted with competitors f posting negative reviews, (6) you should not make any conclusions as to the legality of
conduct (7) you may not post any false or misleading statements, and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at 0ur sole discretion We have absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews objectionable or inaccurate Reviews are not endorsed by us
and do not necessarily represent our opinions or the views of any of our affiliates or partners We do not assume
liability for any review or for any claims, facilities, or losses resulting from any review By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid assignable, and sub licensable
right and license to reproduce, modify, translate. transmit by any means, display performs, and/or distribute all
content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, nan-transferable
limited right to install and use the mobile application on wireless electronic devices owned or controlled by you
and to access and use the mobile application on such devices strictly in accordance with he terms and conditions of
this mobile application license contained in these Terms of Use You shall not () decompile reverse engineer,
disassemble, attempt to derive the source code of or decrypt the application (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the application, (5)
Violate any applicable laws, rules, or regulations in. Connection with your access or use of the application (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or
the licensors of the application. (5) use the application for any revenue-generating endeavor, commercial
enterprise, or other purposes for which t is not designed or intended, (6) make the application available over a
network or other environment permitting access or use by multiple devices or users at the same time (7) use
The application for creating a product, service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application, (8) use the application to send automated queries to any website or to
send any unsolicited commercial e-mail, or (9) use any proprietary information or any of our interfaces or our other
Intellectual property in the design, development, manufacture, licensing. Or distribution of any applications
accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play
(each an App Distributor) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple i0S or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App
Distributor's terms of service, (2) we are responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect fo the mobile
application: (3) in the event of any failure of the mobile application to conform to any applicable
warranty. you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile
application, (4) you represent and warrant that (0 you are not located in a country that is subject to a US
government embargo, or that has been designated by the U S. government as a terrorist-supporting country and () you
are not listed on any US government list of prohibited or restricted parties, (5) you must
comply with applicable third-party terms of agreement when using the mobile application, e.g., f you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using the mobile
application, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms
and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will
have the right (and will be deemed to have accepted the right) fo enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party
beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with the
third-party service providers (each such account, a Third Party Account ) by either (1) providing your Third-Party
Account login information through the Site, or (2) allowing us to access your Third-Party Account as is permitted
under the applicable terms and conditions that govern your use of each Third-Party Account You represent and warrant
that you are entitled to disclose your Third- Party Account login information to us under grant access to your
Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed
by the third-party service provider of the Third-Party Account By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if applicable) any content that you have provided
to and stored n your Third-Party Account (the "Social Network Content) so that it is available on and through the
Site via your account, including without limitation any friend lists, and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your account with the
Third-Party Account Depending on the Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that you post to your Third-party
Accounts may be available on and through your account on the Site, Please note that if a Third Party Account or
associated service becomes unavailable or our access to such Third Party Account is terminated by the third party
service provider, then Social Network Content may no longer be available on and through the Site, You will have the
ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accrue legality, or non-infringement, and we are
not responsible for any Social Network Content You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts are stored on your mobile device or tablet computer solely
for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your Third-Party Account by contacting us using the contact
information below or through your account settings if applicable) We will attempt to delete any information stored
on our servers that was obtained through such Third-Party Account, except the username and profile picture that
become associated with your account hereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding
the Site ('Submissions) provided by you to us are non-confidential and shall become our sole property We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purp0se, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral right to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the tight to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary night in your
Submissions.
U.S. GOVERNMENT RIGHTS
Our services are "commercial items" as defined in Federal Acquisition Regulation (FAR) 2 101 If our services are
acquired by or on behalf of any agency not within the Department of Defense (DOD). our services are subject to the
terms of these Terms of Use in accordance with FAR 12 212 (for computer software) and FAR 12211 (for technical data)
If our services are acquired by or on behalf of any agency within the Department of Defense, our services are
subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (DFARS")
227.7202-3. In addition, DFARSs 252 227-7015 applies to technical data acquired by the DOD This US. The government
Rights clause is in lieu of and supersedes. any other FARDFARS, or other use or provision that addresses government
rights in computer software or technical data under these Terms of Use.
SITE MANAGEMENT
We reserve the right, but not the obligation, to (1) monitor the Site 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 Site 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 Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security By using the Site, you agree to be bound by our Privacy Policy posted on the
Site, which le Incorporated Into these Terms of Use. Please be advised the Site is hosted in the United States If
you access the Site from any other region of the world with lavs or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United States then through your continued use
of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and
processed in the United State.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site 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 SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), 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 LAVW OR REGULATION WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT
WARNING, IN OUR SOLE DISCRETION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party even f you may be acting on behalf
of the third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive address.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any lime or for any reason at our sole
discretion without notice However, we have no obligation to update any information on our Site We also reserve the
right to modify or discontinue all or part of the Site 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 Site.
We cannot guarantee the Site will be available at all times We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any lime or for any reason
without notice to you agree that we have no liability whatsoever for any los9, damage, or inconvenience caused by
your inability to access or use the Site during any downtime or discontinuance of the Site Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of The State
of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its
conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
to expedite resolution and control the cost of any dispute, controversy, or claim related to these terms of Use
(each a "Dispute" and collectively, the Disputes) brought by either you or us (individually, a Party and
collectively, the "Parties'). the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally tor at least one hundred eighty (180) days before initiating the arbitration
Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration YOU UNDERSTAN0 THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (CAAA') and,
where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules), both of
which are available at the AAA website www.adr.org Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules If such costs
are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the submission of documents, by phone, or online The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by either Party The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will take place in Fort Bend Texas Except as
otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted
in the state and federal courts located in Fort Bend, Texas, and the Parties hereby consent to and waive all
defenses of lack of personal jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1)
years after the cause of action arose of this provision is found to be illegal or unenforceable then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found jo be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be Ignited to the Dispute between the Parties Individually to the full
extent permitted by law, (a) no arbiter at shall be joined with any other proceeding (b) there is no right or
authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures, and (a)
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration (a) any Disputes seeking to enforce or protect, or concerning the validity of
any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from allegations of theft
piracy, invasion of privacy, or unauthorized use, and (C) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this
A provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing. availability, and venous other information. We reserve the right to correct any errors
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS 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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES NORWITHSTANDING 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 5100.00 USD. CERTAIN Us STATE LAWs AND
INTERNATIONAL LAWS D0 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.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage. lability claim. Or demand,
including reasonable attorney’s fees, and expenses, made by any third party due to or arising out of
(1) your Contributions. (2) use of the Site 3) breach of these Terms of Use, (4) any breach of your representations
and warranties set forth in these Terms of Use (5) your violation of the rights of a third party including but not
limited to intellectual property rights, or (6) any overt harmful act toward any other user of the Site with whom
you connected via the Site. 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. e 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.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site,
as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Ste.
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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONs, AND SIGNATURESs
Visiting the Site, 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 Site, satisfy any legal requirement that such
communication is 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 SITE.
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.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd,
Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site 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 M 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 he validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment, or agency relationship created between you and us as a resulfof these Terms of Use or use of the Site
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.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
please contact us at:
Ergool
5826 New Territory Blvd # 324
Sugar Land, TX 77479
United States
Phone: -------------------
kailab.llc@gmail.com