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Terms of Service

Overview

This website, including all subdomains (collectively, the "Site"), is operated by Disruptive Labs LLC and/or its affiliates (collectively, "Disruptive Labs", "DLabs", "we", "us", or "our"). Disruptive Labs LLC offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or using any part of the Site, you agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please review these Terms carefully before accessing the Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of its services or functionality. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, sections, tools, or other components which are added to the Site shall also be subject to these Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service at any time by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Site Terms

Disruptive Labs reserves the right to modify or discontinue, temporarily or permanently, the Site or any portion of the Site with or without notice. You agree that Disruptive Labs will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site. Furthermore, you acknowledge that Disruptive Labs may establish general practices and limits concerning the use of the Site, including, without limitation, the maximum period of time that data or other content will be retained by the Site. You agree that Disruptive Labs has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You further acknowledge that Disruptive Labs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.

General Conditions

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, submit, email, or otherwise transmit (hereinafter, "transmit") via the Site. Disruptive Labs reserves the right to investigate and take appropriate legal action, including but not limited to alerting law enforcement authorities, against anyone who, at the sole discretion of Disruptive Labs, violates this provision. You are prohibited from using the Site or its content to:

  • Transmit any content that (i) infringes upon or violates any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) contains false or misleading information; (vi) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vii) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (viii) in the sole judgment of Disruptive Labs, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Disruptive Labs or its users to any harm or liability of any type;
  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • Violate, or solicit others to violate, any applicable local, state, national or international law, or any regulations having the force of law;
  • Collect or track personal or identifiable information of any person or entity;
  • Engage in automated or non-automated behavior intended to spam, phish, pharm, crawl, or scrape the Site or any person or entity;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.

Unless otherwise expressly authorized herein or in the Site, you agree not to reproduce, duplicate, copy, sell, resell, display, distribute, license, publish, create derivative works from, modify, or exploit any portion of the Site, use of the Site, or access to the Site.

You understand and agree that your content (with the exception of credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Intellectual Property

You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Disruptive Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Disruptive Labs from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Disruptive Labs.

The Disruptive Labs name and logo are trademarks of Disruptive Labs (collectively, the “Disruptive Labs Trademarks”). Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Disruptive Labs. Nothing in this Terms of Service or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Disruptive Labs Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Disruptive Labs Trademarks will inure to our exclusive benefit.

User Content

You represent and warrant that you own all right, title, and interest in and to any content or other materials you transmit through the Site or share with Disruptive Labs or other recipients (collectively, "User Content"), including, without limitation, all copyrights and rights of publicity contained therein. By transmitting any User Content, you hereby grant and will grant Disruptive Labs and its affiliates a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any purpose in any form, medium or technology now known or later developed. However, any User Content transmitted to Disruptive Labs that is covered specifically in our Privacy Policy, for example, Application Information, shall be treated according to the specific terms therein.

Further, you understand and agree that any questions, comments, suggestions, ideas, feedback, proposals, plans, or other materials you send whether online, by email, by postal mail, or otherwise (collectively, "Submissions") are non-confidential and that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, any Submissions for any purpose. We are and shall be under no obligation (1) to maintain Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content or Submissions.

Without limiting the foregoing, you acknowledge and agree that Disruptive Labs may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Disruptive Labs, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Under no circumstances will Disruptive Labs be liable in any way for any content or materials of any third-parties, such as founders, investors, partners, mentors, or other users, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Disruptive Labs does not pre-screen content, but we have the right (but not the obligation) to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates these Terms of Service. You agree that you must evaluate and bear all risks associated with the use of any content, including reliance on the accuracy, completeness, or usefulness of such content.

Accuracy of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Products and Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are non-refundable. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

Personal Information

Your submission of Personal Information through the Site is governed by our Privacy Policy.

Third-Party Links

The Site, or certain content, products and services available via the Site, may provide, or third-parties may provide, links to or other access to other websites and resources on the Internet or to third-party applications. Disruptive Labs is not affiliated with these third-party websites and we have no control over such sites, resources or applications. We are not responsible for examining or evaluating the content or accuracy of any third-party site, and we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, products, services, or other goods or materials available on or through any such third-party sites, resources or applications. Any dealings you have with third-parties found while using the Site are between you and the third-party, and you agree that Disruptive Labs is not liable for any loss or claim that you may have against such third-party.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel applications if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your application).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Disclaimer of Warranties and Limitation of Liability

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that (1) the Site will meet your requirements; (2) the Site will be uninterrupted, timely, secure, or error-free; or (3) the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time, we may discontinue, temporarily or permanently, the Site or any portion of the Site with or without notice to you.

UNDER NO CIRCUMSTANCES SHALL DISRUPTIVE LABS LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, REPLACEMENT COSTS, OR ANY SIMILAR OR INTANGIBLE DAMAGES, WHETHER BASED ON CONTRACT TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM: (I) THE USE OR INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY (INCLUDING USERS) ON THE SITE; (IV) THE USE OR INABILITY TO USE ANY PRODUCTS OR SERVICES PROCURED USING THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE, YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE, EVEN IF DISRUPTIVE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IN NO EVENT SHALL DISRUPTIVE LABS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CUASES OF ACTION EXCEED ONE HUNDRED US DOLLARS ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. If you are a user from New Jersey, the "Disclaimer of Warranties and Limitation of Liability" section is intended to be only as broad as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this section.

Indemnification

You agree to indemnify, defend and hold harmless Disruptive Labs LLC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all losses, damages, claims, expenses (including reasonable attorneys’ fees), rights, actions of any kind, and injury (including death) arising out of or relating to your use of the Site or any related information, products or services, any User Content, your application(s) to Disruptive Labs or the results thereof, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims, you and Disruptive Labs agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign this Terms of Service without the prior written consent of Disruptive Labs, but Disruptive Labs may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site or by simply ceasing to use our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Disruptive Labs, in its sole discretion, may terminate this agreement at any time, with or without notice to you, and suspend or terminate your access to the Site and discard any content within the Site for any reason, including, without limitation, if you fail or we suspect that you have failed to comply with the letter or spirit of any term or provision of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the Site and may be referred to appropriate law enforcement authorities. In the event of termination, you will remain liable for all amounts due up to and including the date of termination. Termination of your access to any component of the Site will not terminate Disruptive Labs' rights to your User Content or Submissions. Further, Disruptive Labs will not be liable to you or any third-party for any termination of your access to the Site.

Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.

Contact Information

Questions about the Terms of Service should be sent to us at hello@disruptivelabs.io.