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Voltpost, Inc. Terms of Use

Last modified: March 1, 2024

 

Introduction

 

These Terms of Use are entered into by and between you and Voltpost, Inc. (“we” or “us”). These Terms of Use, together with our Privacy Policy, set forth the terms and conditions (collectively,“Terms”) that apply to your access and use of our website, located at https://www.voltpost.com/,our mobile application, and our branded pages on social media services,(collectively, the “Site”). At times, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.

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By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 9 below. If you do not want to agree to these Terms, you must not access or use the Site. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

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These Terms state that any disputes between you and us must be resolved in arbitration.

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  1. Acceptance.To use the Site, you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.
  2. Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including your email address and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information, or otherwise conceal your identity from us for any purpose.

You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you have reason to believe that your account is no longer secure, you must immediately notify us at gozero@voltpost.com.

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As further described in Section 8, we have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

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  1. Prohibited Conduct.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

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  • In any way that violates any applicable federal,state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download,use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent],including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Voltpost, Inc., an employee of Voltpost, Inc., another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us,may harm Voltpost Inc. or users of the Site, or expose them to liability.

Additionally, you agree not to:

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  • Use the Site in any manner that could disable,overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms,logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to,interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Third-Party Content. The Site may contain links to third-party websites and services. We provide such links as a convenience and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising,products, services, or other materials that appear on such third-party websites or services and are not responsible for the legality, accuracy, or appropriateness of any such content. As such, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party websites or services.
  2. Intellectual Property. This Site and its entire contents and features (including all information, software, text, images, video, audio, and the design) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, tradesecret, and other intellectual property laws. No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed,performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view theSite.

You may not access or use this Site for any commercial purposes, modify copies of any materials from this Site, or delete, modify, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We intend to vigorously enforce our rights, including our intellectual property rights. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through this Site.

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Our name, the term “Voltpost,” our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos,product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

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  1. User Content. This Site may contain message boards, forums, or bulletin boards that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or reviews (collectively, “User Contributions”) on or through the Site.

By providing any User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assignees the right to use, reproduce, modify, perform, display, distribute,and otherwise disclose to third parties any such material for any purpose. You represent and warrant that all of your User Contributions will comply with these Terms, including the below Content Standards.

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The standards below and set forth herein (“Content Standards”) apply to any and all User Contributions and use of any interactive services on the Site. User Contributions must in their entirety comply with all applicable federal, state,local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

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  • Contain any material that is defamatory,obscene, indecent, abusive, offensive, harassing, violent, hateful,inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographicmaterial, violence, or discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret,copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate,promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from orare endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not we,have full responsibility for such content, including its legality, reliability,accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you orany other user of the Site.

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In addition to the remedy set forth in Section 8, below we have the right to:

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  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion,including if we believe that such User Contribution violates the Terms,including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS VOLTPOST, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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We cannot review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications,or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non performance of the activities described in this section.

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  1. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site or by anyone who may be informed of any of the Site’s contents. The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators,and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Voltpost, Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  2. Termination.If you violate these Terms, your permission to use our Site will automatically terminate. In addition, we, in our sole discretion, may suspend or terminate your user account or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting us at gozero@voltpost.com. After your account is terminated,information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
  3. Modification of the Terms. We reserve the right, at any time, to modify these Terms and to impose new or additional terms or conditions on your use of our Site. Such modifications and additional terms and conditions will be effective immediately upon notice. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our Site or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
  4.  Information About You and Your Visit to theSite. All information we collect on the Site is subject to our PrivacyPolicy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  5. Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site,you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  6. Disclaimers of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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YOUR USE OFTHE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ISAT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VOLTPOST, INC.NOR ANY PERSON ASSOCIATED WITH VOLTPOST, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING,NEITHER VOLTPOST, INC. NOR ANYONE ASSOCIATED WITH VOLTPOST, INC. REPRESENTS AND WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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TO THE FULLEST EXTENT PROVIDED BY LAW, VOLTPOST, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

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  1. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VOLTPOST,INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGALTHEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THESITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly,some of the above limitations or the disclaimer of warranties in Section 13 may not apply to you.
  2. Indemnification.You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors,employees, consultants, affiliates, subsidiaries, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Site; (ii)your violation of the Terms or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right,publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  3. Governing Law. These Terms are governed by the laws of the State of New York,without regard to conflict of law principles. Subject to Section 15,which provides that disputes are to be resolved in arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Brooklyn, New York, for the purpose of litigating all such disputes.
  4. Geographic Restrictions. We provide this Sitef or use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or incertain countries. If you access the Site from outside the United States, youdo so on your own initiative and are responsible for compliance with local laws.
  5. Dispute Resolution. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree to settle disputes by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by this agreement. This provision shall survive the termination of this agreement.
  6. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  7. Modification of the Site. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
  8. General.

A. Entire Agreement. These Terms, together with the Privacy Notice, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site and, except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

B.  No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

C.  Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

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  1. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800)952-5210 in order to resolve a complaint regarding the service or to receivefurther information regarding use of the service.
  2. Your Comments and Concerns. The Site is operated by Voltpost, Inc., 12 East 49th Street, 10thFloor, New York, New York 10017. All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: gozero@voltpost.com.