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TERMS OF USE

Effective Date: February 19, 2024

These Terms of Use (“Terms”) apply to your access or use of the Sabeelee, Inc., (“Sabeelee”) websites, mobile sites, and applications (collectively the “Site”), and the content, features, products, and services Sabeelee makes available (the “Services”).

By using the Sabeelee Site or Services, by registering for an account on the Site, or by selecting a checkbox indicating your consent to these Terms, you agree to these Terms. Please read them carefully, as they create a binding agreement with you. Contact us if you have any questions.

PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY CREATE A BINDING AGREEMENT WITH YOU. PAY PARTICULAR ATTENTION TO THE PROVISIONS AT SECTIONS 14 AND 15, AS THESE PROVISIONS (1) REQUIRE THAT, WITH LIMITED EXCEPTION, CLAIMS YOU BRING AGAINST US BE RESOLVED BY BINDING, INDIVIDUAL, CONFIDENTIAL ARBITRATION, (2) YOU WAIVE ANY RIGHT TO CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING, AND (3) YOU AGREE TO LIMIT THE AMOUNT OF RECOVERY AVAILABLE TO YOU IN THE EVENT OF ANY CLAIM AGAINST US.

IF YOU DO NOT CONSENT TO THESE TERMS, YOU MUST IMMEDIATELY STOP USING THE SITE AND SERVICE AND MAY NOT PARTICIPATE IN ANY SERVICE OR MAKE ANY PURCHASE THROUGH THIS SITE.

1. TERMS MODIFICATION

We may modify the Terms on occasion. You agree to periodically review these Terms. You agree that, by continuing to access or use the Service after the effective date of any changes to the Terms, you accept such changes.

2. DEFINITIONS

“Sabeelee”, “we”, “us”, or “our” refer to Sabeelee, Inc.

“You”, “your”, and “yourself” refer to you, the User of the Service.

“User” or “Users” refers to anyone who uses the Service in any way.

“Business” means any person, company, or establishment acting for commercial or professional purposes.

“Business Service” or “Business Site” mean those portions of the Site and Services accessible to authorized agents of Businesses.

“Business Account” means the account for access to or use of the Business Service.

“Consumer Service” or “Consumer Site” means those portions of the Site and Services which are not part of the Business Service, or which are accessible with a Consumer Account, and which are not otherwise restricted.

“Consumer Account” means the account for access to or use of the Consumer Site.

“Account” means any Business Account or Consumer Account.

“Content” means all forms of data or communication, including without limit text, audio, video, and images.

“User Content” means any Content a user transmits in connection with the Site or Service, whether as a Business or other user, and includes ratings, reviews, comments, images, messages, and other information the user contributes to the Site or Service.

“Your Content” is any User Content that you transmit in connection with the Site or Service.

“Sabeelee Content” means Content created by or made available by Sabeelee in connection with the Site or Service. Sabeelee Content includes, without limitation, user interfaces, interactive features, graphics, designs, computer code, products, software, the aggregation of review scores and star ratings, and any other element and component of the Site or Service excluding Your Content and User Content.

3. SITE USE

  1. Permission. We give you permission to access and use the Service subject to these Terms.

  2. Authority. You may only access or use the Service if you have the power and authority to enter into these Terms.

  3. Risk. Your use of the Site or Services is at your own risk, including the risk you might be exposed to Content which you find objectionable in any fashion, including Content which you may find to be indecent, inappropriate, offensive, incomplete, inaccurate, or failing to provide sufficient warning about potential hazards or risks.


4. AVAILABILITY

The Site and Services may be interrupted, suspended, discontinued, modified, updated, or otherwise changed at any time without notice or liability.

5. ACCOUNTS

  1. Account Required. You must create a Business Account to access or use the Business Service. You must create a Consumer Account to access or use those portions of the Consumer Service which require a Consumer Account. In creating an Account, you must provide certain information about yourself and—in the case of a Business account—about your Business. You represent and warrant the truth and accuracy of the information you provide in connection with the creation of an Account.

  2. Consumer Account Limits. Your Consumer Account is for your personal, non-commercial use only. You may only create or use a Consumer Account for yourself; you may not create or use a Consumer Account for or on behalf of any other person. Absent Sabeelee’s prior written approval, you may not create more than one Consumer Account, you must provide your own email address, you may not impersonate another person, and you may not transfer your Consumer Account to another person.

  3. Account Responsibility. For any Account, you are responsible for maintaining the secrecy of the password associated with that Account, and you are responsible for all activities that occur in connection with your Account. You will notify us immediately if you suspect or know of any unauthorized use of your Account.

  4. Account Closure. We reserve the right to close your Account at any time, with or without any reason.


6. COMMUNICATIONS

You consent to receive communications from Sabeelee and other users through the Site or Services and through any other means, including without limitation emails, notifications, text messages, and phone calls. These communications may promote Sabeelee or Businesses using Sabeelee’s Services. These communications may be initiated by Sabeelee, Businesses using Sabeelee’s Services, and other users. You understand and consent that communications may be sent using automatic telephone dialing systems and that you may be charged by your phone carrier for communications, such as phone calls or text messages. You agree to notify us immediately of any changes to any phone number which you may have provided to us, including any disconnection of the phone number. You consent that all communications, including phone calls, with Sabeelee or made through the Site or Services may be monitored or recorded for quality purposes.

7. CONTENT

Sabeelee is committed to providing a platform that aligns with Islamic values and principles. Our Content Guidelines outline the expectations for text, video, images, and any other content shared on the platform. It is imperative for all users to adhere to these guidelines to maintain a respectful and inclusive community.

  1. Compliance with Islamic Values. All content, including but not limited to text, video, and images, must comply with Islamic values and principles. Users are expected to uphold the highest standards of decency, morality, and respect for one another. Content that goes against these principles will not be tolerated.

  2. Ownership. You own Your Content, as between you and Sabeelee. We own the Sabeelee Content. We also own all copyrights, trademarks, service marks, trade names, trade secrets, patents, and all other intellectual and other proprietary rights throughout the world associated with Sabeelee, the Sabeelee Content, and the Site and Services, which are protected by copyright, patent, trademark, trade dress, trade secret, and all other applicable intellectual and proprietary rights and laws (the “Sabeelee Intellectual Property''). You may not sell, copy, license, publish, modify, reproduce, distribute, create derivative works, create adaptations of, publicly display, or in any way use or exploit any of the Sabeelee Content and Sabeelee Intellectual Property in whole or in part except as we explicitly authorize. Except as expressly and unambiguously provided, we do not grant you any express or implied rights, and we retain all rights in and to the Site, Services, Sabeelee Content, and Sabeelee Intellectual Property.

  3. Our Right to User Content. You irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. You irrevocably grant any users of the Site or Services the right to access Your Content in connection with their use of the Site or Services. You irrevocably waive, and cause to be waived, against Sabeelee and its users, any claims of moral rights or attribution with respect to Your Content. The term “use”, in this paragraph, means to use in any way, copy, license, publish, reproduce, distribute, create derivative works, create adaptations of, publicly display, sell, or otherwise commercialize. Sabeelee reserves the right to review and remove any content that is deemed to be in violation of Islamic values and principles. This includes, but is not limited to, content that promotes hate speech, discrimination, violence, or any form of harm. Sabeelee aims to foster a positive and supportive environment for its users.

  4. Responsibility. You alone bear responsibility for Your Content. Once Your Content is transmitted to the Sabeelee Site or Services, you have no guarantee or assurances that Your Content may be withdrawn or otherwise removed from the Site or Services. You assume all risks associated with Your Content, including without limit any reliance by any other person on the accuracy, reliability, and quality of Your Content. You also assume all risks regarding personal information you choose to disclose. Your assumption of risk includes all liability for Your Content. Without limiting any of the foregoing, you bear all responsibility and assume all risk, including any and all liability, if Your Content (a) is false, misleading (whether or not intentional), or defamatory; (b) violates any rights of any other person or entity, including any copyright, patent, trademark, service mark, trade dress, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (c) contains or references unlawful material, including without limit illegal hate speech or pornography; (d) exploits or harms minors; (e) violates or advocates the violation of any law or regulation of any nature; or (f) violates these Terms.

  5. No Endorsement in Your Content. You may not explicitly state or otherwise imply that Sabeelee in any way sponsors or endorses Your Content.

  6. Authority to Your Content. You represent, agree, and warrant that you own or have sufficient permission, right, and authorization to Your Content in connection with the Site and Services, including without limit to agree to those provisions in these Terms as pertain to Your Content.

  7. Reporting Violations. Users are encouraged to report any content that they believe violates the Content Guidelines. Sabeelee will investigate reported content promptly and take appropriate action, which may include content removal and, if necessary, the suspension or termination of user accounts.

  8. Continuous Monitoring. Sabeelee is committed to continuous monitoring of content to maintain a safe and respectful environment. The platform may employ automated tools and manual reviews to identify and address content that violates these guidelines.

  9. Advertisement. Sabeelee and third parties authorized by Sabeelee may publicly display advertisements, paid content, and other information nearby or in association with Your Content. The manner, mode, extent, and nature of such advertising are subject to change without specific notice to you. You are not entitled to any compensation for such information.

  10. Disclaimer. User Content does not necessarily reflect Sabeelee’s opinion. Except as required by law, we have no obligation to provide you with or retain copies of any User Content, including Your Content. We offer no guarantees regarding confidentiality of Your Content. We reserve the right to remove, screen, edit, restore, or reinstate any User Content at our sole discretion, for any reason including no reason, with or without notice to you. We do not attempt to verify the licenses or qualifications of any Business or any representations made by any Business. You bear sole responsibility to directly inquire about the licenses or qualifications of any Business.


8. TRANSACTIONS

  1. Generally. The Site and Services may enable you to transact with Businesses, such as purchasing goods and services (the “Transaction Services”). The Transaction Services may be provided to you by third-party partners with Sabeelee. Use of the Transaction Services may be governed by separate, additional terms presented to you as part of the transaction process (the “Transaction Terms”). Note that any Business you transact with through the Transaction Services (the “Transacting Business”) is responsible for fulfilling its obligations under the Transaction Services.

  2. Payments. You may be required to provide your credit card information in connection with the Transaction Services. You will be charged applicable fees, including cancellation or no-show fees, according to any relevant Transaction Terms with the Transacting Business. You are responsible for paying all such payments and fees. You agree that Sabeelee may facilitate such payments and fees on behalf of the Transacting Business.


9. REPRESENTATIONS AND WARRANTIES TO US

In addition to any other representation and warranty you make to us in these Terms, you represent and warrant you will not, and will not enable, assist, or encourage others, to:

  1. Violate the Terms;

  2. Submit any fake or defamatory Content;

  3. Compensate any person to submit, refrain from submitting, or attempt to remove any Content;

  4. Violate any third party rights, including any intellectual property or proprietary right of any kind;

  5. Stalk, harass, threaten, or harm others;

  6. Use the Service for commercial purposes, except in connection with a Business Account;

  7. Solicit personal information from minors;

  8. Submit or transmit pornography;

  9. Violate any applicable law or regulation of any nature;

  10. Use any automated device, process, or means to access, retrieve, copy, scrape, or index any portion of the Site, Services, or Sabeelee Intellectual Property, including Sabeelee Content, except as expressly permitted by Sabeelee;

  11. Reverse engineer any portion of the Site or Service, unless applicable law prohibits this restriction, in which case you agree to provide us with thirty days’ prior written notice;

  12. Take any action that, in our sole discretion, creates an excessive load on Sabeelee’s technology infrastructure or otherwise makes excessive infrastructure or traffic demands on the Site or Service.

  13. Use the Site or Services to search for an organ donor;

  14. Attempt to gain or actually gain unauthorized access to the Site, Service, any Account, or computer systems or networks supporting the Site or Service;

  15. Use the Site, Services, or its related infrastructure, to transmit any items which are of a destructive or harmful in nature; or

  16. Take any action or use any device or software that, in our sole discretion, interferes with or attempts to interfere with the proper working of the Site or Services or that, in our sole discretion, disrupts, interferes with, or otherwise harms the security of the Site, Services, or Sabeelee Content.

In addition to the foregoing, if accessing or using the Site or Service with a Business Account, or registering a Business Account with the Site or Service, you represent and warrant:

  1. You have the authority to act on behalf of those Business(es) which you claim through your Business Account, including the authority to bind any such Business (and any corresponding business entity) to these Terms (each such Business or Businesses, “Your Business”). By accepting and agreeing to these Terms, you bind Your Business to these Terms.

  2. You will only access or use the Business Site in your capacity as an authorized representative of your Business.

  3. You will not use the Consumer Site for business activities.

  4. You will use the Business Site exclusively for business activities and will refrain from making non-business-related posts, such as requests for donations, jokes, memes, lost-and-found posts, news and awareness posts, and listings in search of, in need of, or looking to buy.

  5. Your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services.

  6. Your Business complies with our Content Guidelines.

  7. You agree that we may contact you, including by phone or email, using the contact information you provide us, made publicly available, or that we have on record for Your Business. You further agree that our communications (including phone calls) with you may be monitored and recorded for quality purposes.

  8. Your Business will not use the Site or Services to offer, advertise, sell, or lease the “Restricted Products and Services”, which for purposes of this Agreement are defined as follows:

    1. Products, the purchase or lease of which are legally restricted by the age of the purchaser or lessee;

    2. Sexual enhancement products, sexual lubricants, products marketed as being used in the act of intercourse, and similar adult products;

    3. Images or videos containing full or partial nudity (whether or not sexual in nature), images or videos which are in whole or in part sexual in nature (including zoomed-in sexual images or videos), images or videos of implied nudity, and images or videos of implied sexual acts;

    4. Alcoholic beverages, kits for making alcohol, books and videos about alcohol, or alcohol-related items, such as glassware for alcohol, coolers, and wine bottle holders.

    5. Medicine, medical devices, and veterinary services;

    6. Live animals, pets, or livestock;

    7. Other than those products which are intended for human consumption which are not otherwise a Restricted Product or Service, any product or part from any animal, such as leather, skin, hide, fur, wool, hair, bone, teeth, horn, ivory, taxidermy, organs, external limbs, secretions, or carcasses;

    8. Human body parts and fluids, including without limitation blood, urine, body parts, organs, human tissue, teeth, and organ donation;

    9. Electronic devices pre-loaded with software intended to be used for unauthorized access to proprietary intellectual property;

    10. Electronic devices which have had technological protective measures unlawfully bypassed, such as “jailbroken” devices;

    11. Jamming, descrambling, or wiretapping devices, including devices claiming protection from WiFi signals;

    12. Real and replica government-issued documents (such as passports or IDs), cash or cash equivalents, coins, counterfeit currency, replica or prop currency, digital currency, cryptocurrency, active bank credit or debit cards, store credit cards or coupons, pre-paid credit or debit cards, checks, checkbooks, equipment to create counterfeit currency or financial instruments, and financial services (including accounting, insurance, banking, and loans);

    13. Gambling of any kind, including online gambling for money or money’s worth (including digital currencies), such as gaming, betting, lotteries, raffles, casinos, fantasy sports, bingo, poker, and sweepstakes in an online environment;

    14. Hazardous goods and materials of any nature, such as chemical pesticides and insecticides, asbestos, cyanide, chloroform, carbon tetrachloride, corrosive substances, inflammable and combustible substances and products;

    15. Any exploitation of humans, whether or not sexual in nature, including persons for sale, escort agencies, commercial sex, live shows for adult entertainment, sexually suggestive services, domestic helpers and personnel services, including the hiring of maids and other workers, dating and match-making services, and child pornography;

    16. Ingestible supplements, including steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, human growth hormones, protein bars and protein powder, and vitamin and mineral supplements;

    17. Medical and healthcare products, including contact lenses, reading glasses, prescription glasses, bandages and braces for physical injuries, thermometers, testing kits for medical conditions or diseases, first-aid kits, and breast pumps;

    18. Products or services involving literature, memorabilia, symbols, and slogans associated with extremist or racist ideologies, holocaust denial, and similar ideologies of hate;

    19. Products or services which are misleading, shocking, sensational, or portray excessive violence;

    20. Diet, weight-loss, or other health-related products if the offering, advertising, selling, or leasing, or the product itself, promotes or may generate negative self-perception on the part of the Consumer, including advertising or promotional material demonstrating how loose or tightly a person’s clothes fit;

    21. Prescription products, drugs, and drug paraphernalia (such as pipes and bongs);

    22. Tobacco products and related paraphernalia, including cigarettes, electronic cigarettes, cigars, chewing tobacco, tobacco pipes, tobacco rolling machines, hookahs, hookah lounges, bongs, rolling papers, tobacco devices, and apparel featuring a tobacco brand logo;

    23. Recalled products;

    24. Stolen goods;

    25. Subscriptions and digital products, including downloadable content (such as PDFs, music, games, movies), access to digital accounts, digital subscriptions, internet streaming services, television subscriptions, mobile phone service subscriptions, and music streaming services;

    26. Any product or service that infringes the intellectual property rights of a third party, including counterfeits, knockoffs, or replicas of branded goods, goods that are likely to confuse consumers about the source, sponsorship, or affiliation of those goods, or unauthorized or pirated copies of copyrighted works;

    27. Used cosmetics, including used makeup, used makeup brushes, used shampoo, or perfume testers;

    28. Weapons, ammunitions, or explosives of any kind, including firearms, firearm parts, paintball guns, BB guns, fireworks, pepper spray, tasers, gun ranges, and gun shows;

    29. Any product or service which Sabeelee or its authorized agents deem in their sole and exclusive discretion, with or without prior notice, a Restricted Product or Service; and

    30. Any other product or service if the offer, advertisement, sale, or lease of which, via the Site or Services, is unlawful.


In addition to the foregoing, if accessing or using the Site or Service with a Business Account, or registering a Business Account with the Site or Service, you represent and warrant that you will not, and will not induce or authorize any other party, to:

  1. Offer incentives of any kind in exchange for posign reviews of Your Business, or to prevent or remove reviews. You acknowledge that we may publicly notify users if you offer such incentives or obtain to obtain, remove, or prevent reviews.

  2. Write reviews or vote on any Content.

  3. Pay or induce anyone to post, refrain from posting, or remove reviews.

  4. Use any Sabeelee trademark or service mark in any manner without Sabeelee’s prior written consent.

  5. Misrepresent your identity or affiliation to anyone in connection with Sabeelee.


10. INFRINGEMENT

If you believe the Site, Services, or any Content violates your copyright or trademark, notify our copyright agent in writing at info@sabeelee.com.

For us to act, you must include the following information:

  1. Identification of the copyrighted or trademarked material you claim has been infringed.

  2. Identification of the allegedly infringing material, with information reasonably sufficient to enable us to locate it (for example, the URL for the web page on which the material appears).

  3. Your contact information.

  4. A written statement by you:

    1. confirming your good faith belief that use of the identified material, in the manner complained of, is unauthorized by the owner of the copyright or trademark, its agent, or the law;

    2. confirming that you own the copyright or trademark or are authorized to act on such owner’s behalf; and

    3. attesting, under penalty of perjury, that the information in your notice is accurate.

If we remove Your Content in response to a notice described above, and you believe Your Content should not have been removed, you may send us a written counter-notice at info@sabeelee.com.

For us to act on your counter-notice, you must include the following information:

  1. Identification of the material, removed for alleged infringement of copyright or trademark, and the location on the Site where it could be found prior to removal.

  2. A written statement by you:

    1. Consenting to the jurisdiction of the Federal District Court for the judicial district where your address is located (please also include a statement that you will accept service of process from the person—or their agent—who sent the original infringement notice to Sabeelee).

    2. Attesting, under penalty of perjury, that you have good faith belief the Content was removed due to mistake or misidentification or, in the case of trademark disputes, information reasonably sufficient to explain why the material at issue is not an infringement of a trademark.

  3. A physical or electronic signature of yours, together with your contact information.


11. SUGGESTIONS AND IMPROVEMENTS

If you send any idea, suggestions, documents, or proposals (“Suggestions”), you agree that (a) you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Suggestions, and you irrevocably waive, and cause to be waived, against Sabeelee and its users, any claims and assertions of any moral rights contained in such Suggestions, (b) your Suggestions do not contain proprietary or confidential information of any third party, (c) we are under no express or implied obligation of confidentiality concerning the Suggestions, and (d) we have no obligation to consider, implement, or return to you the Suggestions.

12. THIRD PARTY CONTENT AND SERVICES

The Site and Service may include links to other websites or applications (each a “Third Party Service) or may host Content of any third party (“Third Party Content”). We do not control or endorse any Third Party Service or Third Party Content. You acknowledge and agree that we bear no responsibility for the content, accuracy, or availability of any such Third Party Services and Third Party Content, and your use of and reliance on any Third Party Service or Third Party Content is at your own risk. Some services and materials made available through the Site, Service, and Third Party Services may be subject to additional terms, conditions, and policies. You bear the responsibility to familiarize yourself with any such applicable terms.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sabeelee, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site or Service, including Your Content, (b) your violation of these Terms, (c) your breach of any of your representations and warranties provided under these Terms, (d) any products, goods, or services which you purchased or obtained in connection with the Site or Service, (e) your products, goods, or services, or the marketing or provision thereof to any end user, or (f) your infringement, or the infringement of any third party using your Account, of any intellectual property or other right of any person or entity. Sabeelee reserves 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 with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CAREFULLY READ THIS SECTION AS IT LIMITS SABEELEE’S LIABILITY TO YOU. BY ACCESSING OR USING THE SITE OR SERVICE, YOU REPRESENT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS, INCLUDING THIS SECTION AND EACH OF THE BELOW SUBSECTIONS. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. EACH OF THE BELOW SUBSECTIONS APPLY ONLY TO THE FURTHEST EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY OF YOUR RIGHTS WHICH MAY NOT BE LAWFULLY LIMITED.

  1. YOUR USE OF THE SITE, SERVICE, THEIR CONTENT, AND ANY SERVICES, GOODS, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SERVICE IS AT YOUR OWN RISK. THE SITE, SERVICE, THEIR CONTENT, AND ANY SERVICES, GOODS, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH “ALL FAULTS”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH THE EXPRESS UNDERSTANDING THAT Sabeelee MAY NOT MONITOR, CONTROL, OR EVALUATE USER CONTENT OR THIRD PARTY CONTENT OR PRODUCTS AND SERVICES SOLD BY THIRD PARTIES THROUGH THE Sabeelee SITE OR SERVICE. YOUR USE OF THE SITE OR SERVICE IS AT YOUR OWN DISCRETION OR RISK. NEITHER SABEELEE NOR ANY PERSON ASSOCIATED WITH Sabeelee MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABLE OF THE SITE, SERVICE, THEIR CONTENT, AND ANY SERVICES, GOODS, PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER Sabeelee NOR ANYONE ASSOCIATED WITH Sabeelee REPRESENTS OR WARRANTS THAT THE SITE, SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICE 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, SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Sabeelee MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR SERVICE, ITS SAFETY, OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA OR THE SERVICE CONTENT. Sabeelee IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, FROM THE INOPERABILITY OF THE SITE OR SERVICE, IMPAIRMENT OF DEVICES USED TO ACCESS THE SITE OR SERVICE, UNAVAILABILITY OF THE SITE OR SERVICE, SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT), METRICS, OR OTHER CONTENT FOUND ON OR MADE AVAILABLE THROUGH THE SITE OR SERVICE.

  2. TO THE FULLEST EXTENT PROVIDED BY LAW, Sabeelee 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 A PARTICULAR PURPOSE.

  3. Sabeelee MAKES NO CLAIMS OR PROMISES CONCERNING ANY THIRD PARTY, INCLUDING BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR SERVICES OR THAT OFFER PRODUCTS, GOODS, OR SERVICES THROUGH THE SERVICE, OR OTHER USERS OF THE SERVICE. THE Sabeelee PARTIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE ARISING FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE OR SERVICE OR IF A BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING BUSINESSES, THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

  4. IN THE CASE OF ANY GRIEVANCE OF ANY NATURE RELATING TO THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CONNECTION WITH ANY OF THE Sabeelee PARTIES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICE.

  5. THE Sabeelee PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID BY YOU TO Sabeelee, IF ANY, IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) $100.

  6. LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE Sabeelee PARTIES WILL NOT BE LIABLE FOR ANY (a) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (b) LOSS OF PROFITS OR REVENUE, (c) BUSINESS INTERRUPTION, (d) HARM TO REPUTATION, OR (e) DATA OR INFORMATION LOSS.

  7. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.


15. ARBITRATION, DISPUTES, AND CHOICE OF LAW

  1. With the exception of legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, any legal controversy, claim, cause of action, request for relief, or dispute arising out of or relating to these Terms, the Site, the Service, or the Sabeelee Content, including the determination of the scope or applicability of this agreement to arbitrate (“Claims”), shall be determined solely by confidential, binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. Claims shall be arbitrated on an individual basis, before one commercial arbitrator with substantial experience in resolving commercial contract disputes, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be administered in Irvine, California, by JAMS, in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. Awards may be entered in any court having jurisdiction located in Orange County, California. To the fullest extent permitted by law, each party shall bear one-half the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  2. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ORANGE COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.

  3. WITH RESPECT TO ALL PERSONS AND ENTITIES, AND REGARDLESS OF WHETHER THEY HAVE USED THE SITE OR SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AND, UNLESS WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Businesses bear sole responsibility for their interactions with you and all claims, injuries, damages, liabilities, and costs (“Business Claims”) suffered by you due to your interaction with or visit to any Business or from any product, goods, service, promotion, or offer of any Business. All Users must resolve any disputes directly with the Business. To the maximum extent permitted by applicable law, you hereby release the Sabeelee Parties from all such Business Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE, SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF SIMILAR EFFECT IN ANY JURISDICTION WITH RESPECT TO THE RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS YOU MAY HAVE AGAINST THE Sabeelee PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS SECTION.

17. TERMINATION

  1. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Site or Service, and providing Sabeelee a notice of termination.

  2. We may close your Account, suspend your ability to use all or certain portions of the Site or Service, terminate any license or permission granted to you hereunder, or ban you altogether from the Service. We may perform any of the foregoing for any reason or for no reason, with or without notice, and without liability of any kind. Any such action on our part may prevent you from accessing your Account, the Site, the Service, Your Content, Sabeelee Content, or any other related information.

  3. In the event of any termination of these Terms, whether by you or by us, the following sections of these Terms shall survive and continue in full force and effect: 2 (definitions), 7 (content), 9 (warranties), 8 (copyright disputes/additional terms), 10 (suggestions), 12 (third party content and services), 13 (indemnity), 14 (disclaimers), 15 (arbitration), 17 (termination), and 18 (general terms).


18. GENERAL TERMS

  1. Reservation of Rights. We reserve the right to discontinue or modify any part of these Terms as we deem necessary or desirable.

  2. Severability. The parties agree that each provision of these Terms is separate, distinct, and severable from the remaining provisions of these Terms and that the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision. If any provision is ruled invalid or unenforceable by an arbiter or court of competent jurisdiction, then only that provision shall be modified or eliminated by such adjudicator to the minimum extent necessary so that the Terms shall remain in full force and effect and enforceable.

  3. Assignment. You may not transfer, assign, sublicense, or delegate any rights or obligations hereunder except by Sabeelee’s prior, signed written consent, but may be assigned or transferred by us without restrictions. Any attempted assignment by you shall be void and constitute a violation of these Terms.

  4. Waiver. Any failure or delay on our part to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision, nor shall it be construed as a continuing waiver or create an expectation of non-enforcement of that right or provision. Our failure to exercise any provision or right under these Terms shall not be deemed a waiver of any further right or provision. The Terms may not be waived, in whole or in part, except pursuant a writing signed by us.

  5. Choice of Law. The Terms are made under and shall be governed by and construed according to the laws of the State of California, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction.

  6. Entire Agreement. These Terms contain the entire agreement between you and us regarding the use of the Site and Service and supersede any prior agreement between you and us on the subject matter of these Terms. Both parties acknowledge that no reliance is placed on any representation or promise made but not expressly contained in these Terms.

  7. Business Relationship. There is no partnership, joint venture, employment, agency, special or fiduciary relationship between you and Sabeelee arising from these Terms or your use of the Site or Service.

  8. Section Titles. Section titles are for convenience only and have no legal effect.


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