COLIBRI LIFE END USER TERMS OF USE AGREEMENT

Thank you for visiting Colibri Life’s website and/or other services.  We are delighted to introduce you to your one-stop-shop for navigating through separation or divorce.

By accessing or using Colibri Life’s website (including the mobile optimized version of the website), online services, social networking platforms (including Colibri Life Forums and Specialist Sites) (each, a “Site”), whether automated or otherwise, you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or that apply specific Sites. Please read these Terms of Use carefully before using any Site offered to you by Colibri Life.

Colibri Life (Colibri) and its Sites are owned and operated by Hummingbird Rae LLC, a Maryland limited liability company.  Colibri may be referred to you herein as “we” or “us” or “our”).

Certain features, products, or software that you purchase or download from one or more of our Sites may be subject to additional terms and conditions presented to you at the time that you use, purchase, or download them.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use any of our Sites.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use our Sites after we post any such changes, you accept the Terms of Use as modified.

NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

Rules of Conduct

There are rules of conduct that you are required to follow when you use our Sites. By using our Sites, you agree that you must not and shall not:

  • “harvest” (or collect) information from one more of our Sites using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Sites and information about the offerings, products, services, or promotions available on or through one or more Sites.
  • use automated means to access the Sites, or gain unauthorized access to the Sites or to any account or computer system connected to the Sites.
  • “stream catch” (download, store or transmit copies of streamed content) from any of our Sites.
  • obtain, or attempt to obtain, access to areas of our Sites or our systems that are not intended for access by you.
  • “flood” any of our Sites with requests or otherwise overburden, disrupt, or harm our Sites or any of our Sites’ systems.
  • circumvent or reverse engineer any of our Sites or any of our Sites’ systems.
  • restrict or inhibit another user or users from using or enjoying our Sites.
  • manipulate or forge an identifier for the purpose of disguising the origin of any information posted on our Sites or otherwise provided to us or to our employees.
  • impersonate any person, including any of our community members or any of our employees.

If you post something to one or more of our Sites, such as any comment to a post made by another member of our community, you agree that you shall not and must not:

  • use strong, vulgar, obscene, or otherwise harmful language,
  • use racially, ethnically, or otherwise, objectionable language,
  • infringe any third party intellectual property right (such as copyrights),
  • use defamatory language, (i.e., something that is negative and untrue about another person or entity),
  • divulge another person’s or entity’s confidential or private information, or trade secret,
  • use fraudulent, unlawful, threatening, harassing, abusive or discriminatory language,
  • encourage criminal conduct,
  • use any information (such as inside, proprietary, or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
  • advertise or solicit business for products or services other than those that are offered and promoted by us, including any Specialist that is not on our list of Specialists,
  • post any virus, malware, spyware or other harmful content or code, or
  • violate regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange or the NASDAQ Stock Market.

You also must comply with all applicable laws and contractual obligations, including these TERMS OF USE, when you use the Site.

Ownership of Site Content and Submissions

We or our licensors own the intellectual property rights in the content and materials displayed on our Sites. You may use the Site (including any content and materials included on the Site) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to one or more of our Sites, you grant us and our business partners a royalty free, perpetual, irrevocable, transferable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although we may moderate content, conduct and Terms of Use compliance on the Sites at our discretion, we have no authority to make binding commitments, promises, or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of our agents or employees (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of our agents or employees, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we shall in no circumstance be liable as a result of any representation that we, or anyone on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived, or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Registration and Log In

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of our Sites are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share, or otherwise transfer your account information.

You are responsible for all activity occurring under your login when one or more of our Sites are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password.  We are not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

The communications between you and us via our Sites use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted, or distributed on one or more of our Sites in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by email to:info@colibrilife.com. We have a policy of terminating Site usage privileges of users who infringe intellectual property rights.

Changes to the Site

We reserve the right, in our sole and absolute discretion, to change, to suspend, or to discontinue (temporarily or permanently), any of our Sites, in whole or in part. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Suspension or Termination of Access

We reserve the right, in our sole and absolute discretion, to deny access to one or more of our Sites, and to suspend or to terminate your access to any of our Sites or to any feature or portion of any Site, and to remove and discard any content or materials posted or submitted to the Site, at any time and for any reason, including for any violation of these Terms of Use. If we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

We may link one or more of our Sites to other websites or to third-party sellers of products and services, including one or more “Specialists,” self-described experts in one or more fields of learning, arts, medicine, legal, housing, financial, career, wellness or commerce. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such third-party sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

Specialists

Colibri Life does not endorse and is not responsible or liable for any content, data, advertising, products, goods, or services available or unavailable from, or through, any third-party or Specialist Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such content, data, advertisement, products, goods, or services, available or unavailable from, or through any third-party or Specialist (which includes, but is not limited to, health care and wellness providers), we are and shall not be responsible or liable, indirectly, or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in any way with any Specialist introduced to you by Colibri Life (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such Specialist (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Colibri Life. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Specialist (which includes, but is not limited to, health care and wellness providers).

Third-parties and Specialists may link or otherwise direct Internet users to our Sites and services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Specialist websites. Colibri Life does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Specialists is subject to the respective policies of those third parties.  It is your responsibility to review such third party or Specialist policies, including any relevant privacy policies. You agree that Colibri Life shall not be responsible or liable for, and does not endorse any content, advertising, goods, or services provided on or through these outside websites or for your use or inability to use such websites.  Colibri Life  does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You use these third-party websites at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Specialists found on or through the use of our Sites or services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Colibri Life shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on our Sites.

Health Care Specialists

Our Sites and services are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.

If you think you may have a medical emergency, call your doctor or 911 immediately. Colibri Life does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our Sites.  Colibri Life is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Colibri Life, its employees and others appearing on the Sites, or other visitors to the Sites is solely at your own risk.

The Specialists who appear on our Sites have agreed to provide services to you at a discount.  We make no representation or warranty as to the quality of the services, if any, that you may receive should you, in the exercise of your sole discretion, choose to work with one or more Specialists.

You should be aware that if you post any health-related information about yourself or anyone else on the Sites, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain that may violate federal or state laws that protect the privacy of health information.

Indemnification

You agree to indemnify, to defend, and to hold us and our affiliates, and our respective directors, officers, employees, and/or agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including for our or their own negligence and including reasonable attorneys’ fees, arising from or relating to your use of one or more of our Sites, your submissions to our Sites, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site for any reason.

Jurisdictional Issues

We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on our Sites are appropriate or available for use in other locations. If you choose to access our Sites from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of Maryland, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, you and we nevertheless agree that the arbitrator or court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.

Binding Arbitration

Other than those matters described under “Exclusions from Arbitration” below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms of Use (including the validity, enforceability or scope of this Section), the relationship between you and us, and/or one more of our Sites or any content or services thereon, including any claim in the nature of a class action (each, a “Dispute”), that is not resolved through negotiation in accordance with the “Notice of Dispute; Negotiation” clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to this agreement.

Exclusions from Arbitration

NOTWITHSTANDING ANY TERM TO THE CONTRARY IN THESE TERMS OF USE, WE RESERVE THE RIGHT TO BRING SUIT IN ANY COURT OF COMPETENT JURISDICTION TO SEEK RELIEF IN EQUITY, INCLUDING INJUNCTION, TO PROTECT INTELLECTUAL PROPERTY RIGHTS AND/OR TRADE SECRETS.  IN THE EVENT THAT WE SEEK SUCH RELIEF AGAINST YOU, YOU AGREE THAT WE SHALL NOT BE REQUIRED TO POST ANY BOND OR PAY ANY OTHER FORM OF SECURITY.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU INITIALLY ACCEPT THIS AGREEMENT BY YOUR FIRST ESTABLISHING OR LOGGING ONTO YOUR ACCOUNT AT COLIBRI LIFE. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO LEGAL DEPARTMENT, COLIBRI LIFE, 8937 SHADY GROVE COURT, GAITHERSBURG, MARYLAND 20877. BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE ANY DISPUTE WITH US THROUGH ARBITRATION.

Notice of Dispute; Negotiation

IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO LEGAL DEPARTMENT AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the Dispute in good faith for not fewer than 60 days after you we receive notice of any Dispute.  If your Dispute is not resolved within 60 days from our receipt of notice of Dispute, you or we may pursue a claim in arbitration.

Initiation of Arbitration Proceeding

If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association (“AAA”) under its rules and procedures, as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at Legal Department, Colibri Life, 8937 Shady Grove Court, Gaithersburg, Maryland 20877.

You and we agree to treat the arbitration proceedings and any related discovery in confidence. The terms of this Section govern in the event they conflict with the rules of the AAA.

Location of Arbitration

The arbitration proceedings shall be held in Montgomery County, Maryland.

Class Action Waiver

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

Severability

If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute will be decided by a court without a jury.

Continuation

This Section shall survive any termination of the provision of the associated services to you.

Governing Jurisdiction

ANY DISPUTE NOT SUBJECT TO ARBITRATION SHALL BE LITIGATED IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, WHICH SHALL BE THE EXCLUSIVE JURISDICTION(S) FOR LITIGATING ANY DISPUTE NOT SUBJECT TO ARBITRATION, TO COMPEL ARBITRATION, OR TO REDUCE AN ARBITRAL AWARD TO JUDGMENT. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE IN ANY OTHER COURT OR FORUM.

Disclaimer of Warranties

OUR SITES AND THEIR CONTENT AND ANY SERVICES PROVIDED BY US ARE PROVIDED FOR EDUCATIONAL AND PROMOTIONAL PURPOSES ONLY. WE PROVIDE OUR SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • OUR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME;
  • OUR SITES MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS; AND/OR
  • THE INFORMATION ON OUR SITES WILL BE ACCURATE OR UP-TO-DATE, THE SITES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS, INFORMATION, AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON OUR SITES WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

OUR SITES AND THEIR CONTENT AND ANY SERVICES PROVIDED BY US ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY INTRODUCED TO YOU THROUGH ONE OR MORE OF OUR SITES, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD-PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF OUR SITES IS AT YOUR OWN RISK.  WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON OUR SITES. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH ONE OR MORE OF SITES, OR ANY MATERIALS, PRODUCTS, OR SERVICES THAT YOU FIND ON OUR SITES, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES OR OUR SERVICES IN ANY WAY.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Other

These Terms of Use and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiary. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Entire Agreement.

These Terms of Use constitute the entire agreement between you and us supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. There shall be no contract for purchase or sale of the Software except upon the terms and conditions specified herein. Any additional or different terms or conditions contained in any purchase order, whether signed by Colibri Life at the time of order acceptance or product shipment or unsigned, are hereby rejected and shall be of no force and effect. No amendment to or modification of this License will be binding unless such changes have been agreed to in writing and incorporated into this License Agreement, and signed by duly authorized representatives of both Colibri Life and Licensee.

Survival.

If any part of this Agreement is found to be void or unenforceable, the balance of this Agreement shall remain valid and enforceable.

No Trial by Jury.

You expressly agree that there shall be no trial by jury in connection with any Dispute arising in any way out these Terms of Use or the relationship between you and us.

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