User Terms of Service
Updated as of: November 3 2021
The and http://condoit.io websites, and any other website on which these
Terms of Service appear (the “Websites“), and any software, mobile
applications, products, devices or other services offered by Condoit from time
to time and other services offered through third parties integrating Condoit
functionality (collectively, “Services“), are made available by Arges
Incorporated, Inc. (“Condoit“). You may access and utilize the Websites and
Services only under the following terms and conditions (“Terms of Service“).
These Terms of Service apply to all users of the Websites and Services. By
using the Websites and Services you signify your acceptance of these Terms
into these Terms of Service and made a part hereof. If you do not agree to the
Terms of Service, you must discontinue using the Websites and Services.
To the extent that your use of the Services is governed by a Master Services
Agreement, the Master Services Agreement shall control in the event of
conflict with these terms.
Website Limited License
As a user of the Websites and Services you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use the Websites
and Services in accordance with these Terms of Service. Condoit may
terminate this license at any time for any reason. To the extent use of the
Websites and Services requires login information, the foregoing does not
automatically grant you a right of access and you must obtain login
information as required by the Websites and Services.
Limitations On and Scope of Use
Any unauthorized use of the Websites and Services is prohibited. You may
not use the Websites and/or Services to:1. Copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit or public purposes all or any portion of the Websites
or the Services.
2. Manually extract, decompile, reverse engineer, disassemble or create
derivative works from the Websites or the Services.
3. Determine the site architecture or extract data or information about usage,
individual identities of other users of the Websites or the Services via use
of any network monitoring or discovery software or otherwise.
4. Monitor, copy, scan, review, index, mirror, ping or validate the Websites or
the Services via robot, spider, other automatic software or device, process,
approach or methodology, manual or otherwise (methods such as web
scraping, harvesting, data extraction, data validation or verification are
5. Transmit any computer virus, worm, defect, trojan horse, or any other item
of a destructive nature, or to upload any virus or malicious code.
6. Transmit any false, misleading, fraudulent or illegal communications,
information or data.
7. Phish, spoof, commit illegal or fraudulent activity, or violate laws in your
8. Access unauthorized information.
9. Solicit information from minors or harm or threaten to harm minors.
10. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any
other user, person or organization, or engage in any other threatening
11. Transmit or post any material that is abusive, harassing, tortious,
defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of
another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
12. Transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, contests, pyramid schemes,
surveys, or any other form of solicitation or mass messaging, whether
commercial in nature or not.
13. Export or re-export this Website or any portion thereof in violation of the
export control laws and regulations of the United States of America.Intellectual Property Rights
Except as expressly provided in these Terms of Service, nothing contained
herein shall be construed as conferring any license or right, by implication,
estoppel or otherwise, under copyright or other intellectual property rights.
You agree that the Websites and Services are protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Condoit, the Condoit’s logo, and all other Condoit trademarks, service marks,
product names, and trade names of Condoit appearing on or in conjunction
with the Websites and Services are owned by Condoit. Condoit does not grant
you the right to use or display any trademark, service mark, product name,
trade name or logo appearing on the Websites or the Services without
Condoit's prior written consent.
Linking to the Websites and Services
You may provide links to the Websites and Services, provided (i) you do not
remove or obscure, by framing or otherwise, any portion of the web pages, the
Terms of Service, or any notices on the Websites and Services and (ii) you
discontinue providing links to the Websites and Services if requested by
License of Your Content to Condoit
By posting, publishing, uploading, or distributing any data, information, text,
graphics, links, messages, reviews, content, or other materials for use on the
Websites or Services (other than on condoit/app or on the mobile
applications), you grant (or warrant that the owner of such rights has
expressly granted) Condoit a perpetual, worldwide, royalty-free, irrevocable,
non-exclusive right and license, with the right to sublicense, to use, modify,
reproduce, publish, adapt, publicly perform, publicly display, digitally display
and digitally perform, translate, create derivative works from and distribute
such postings or incorporate such postings into any form, medium, or
technology now known or later developed. You agree that you shall have no
recourse against Condoit for any alleged or actual infringement or
misappropriation of any proprietary right in postings you provide to Condoit.Relationship of Condoit and You
You are an independent third party to the Websites and Services, and nothing
in this Agreement will create or represent that there is any partnership, joint
venture, agency, franchise, sales relationship, or employment relationship
between you and Condoit.
You shall not distribute on or through the Websites or Services any postings
or presentations of data containing any advertising, promotion, solicitation for
goods, services or funds or solicitation for others to become members of any
enterprise or organization.
Certain sections of the Websites or Services may require you to register. If
registration is requested, you agree to provide accurate and complete
registration information. It is your responsibility to inform Condoit of any
changes to that information. You understand that by registering with the
Websites or Services, you may receive regular updates regarding new or
existing Condoit applications. You may request to unsubscribe by following
the directions in such updates and Condoit will permanently remove you from
Condoit registered list of subscribers.
Postings in Interactive Areas
If you participate in interactive areas on the Websites or Services, you shall
not post, publish, upload or distribute any postings which are unlawful or
abusive in any way. Condoit may delete your postings at any time for any
reason without notification of or permission from you, however, Condoit has
no obligation to monitor or screen postings and is not responsible for the
content in such postings or any content linked to or from such postings. But
Condoit does reserve the right, in its sole discretion, to monitor interactive
areas, screen postings, edit postings, cause postings not to be posted,
published, uploaded or distributed, and remove postings, at any time and for
any or no reason without notification of or permission from you.No Expectation of Privacy
CONDOIT MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY
OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR
FROM THIS WEBSITE. You acknowledge that any content you post on
publicly accessible portions of the Websites or Services is a public and not
private communication. Others may read and view your communications
without your knowledge. Condoit does not control or endorse the content,
messages or information posted by other third-party users on the Websites or
Services. Condoit will not be liable for the privacy of any of your or any other
third-party postings to the Websites or Services and specifically disclaims any
liability resulting from such postings and communications, including any
objectionable content. Please also see Condoit's complete Privacy notice,
incorporated into these Terms of Service by reference.
Errors and Corrections
Condoit does not represent or warrant that the Websites or Services will be
error-free, free of viruses or other harmful components, or that defects will be
corrected or that it will always be accessible. Condoit does not warrant or
represent that postings or information available on or through the Websites or
Services will be correct, accurate, timely, or otherwise reliable. Condoit may
make improvements and/or changes to its features or functionality at any time.
Third-Party Content and Links
Third-party content may appear on the Websites or Services or may be
accessible via links from this Website. Condoit will not be responsible for and
assumes no liability for any infringement, mistakes, misstatements of law,
defamation, slander, libel, omissions, falsehood, obscenity, pornography or
profanity in the statements, opinions, representations or any other form of
content contained in any third-party content appearing on the Websites or
Services. You understand that the information and opinions in the third-party
content is neither endorsed by nor does it reflect the belief or opinion of
Condoit. Further, information and opinions provided by employees and agents
of Condoit in interactive areas of the Websites or Services are not necessarily
endorsed by Condoit and do not necessarily represent the beliefs and
opinions of Condoit. Condoit, or other third-party users of the Websites or Services, may provide links to other websites or resources. Condoit has no
control over such sites and resources. You acknowledge and agree that
Condoit is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products or other materials contained in or available from
such sites or resources. You acknowledge that use of any third-party website
terms you are responsible for reading and reviewing, and not by these Terms
of Service or Condoit’s Privacy Notice. You further acknowledge and agree
that Condoit 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 use
of or reliance on any such content, goods or services available on or through
any third-party site or resource. Condoit reserves the right to disable any link
or remove any third-party content at any time in its sole discretion.
THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS
AVAILABLE“ BASIS. CONDOIT EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CONDOIT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM,
ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR
OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT
LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY
PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR
INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR
SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR
OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE
OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F)
YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH
THE WEBSITE OR SERVICES.
LIMITATION OF LIABILITY
CONDOIT SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING
ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY
COMMUNICATIONS. CONDOIT SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE
AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold CONDOIT, its officers, directors,
employees, agents, licensors, and suppliers harmless from and against all
claims, losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms of Service by you or arising
from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance
with the internal laws of the State of California, without regard for principles of
conflicts of laws. Any action, claim, dispute or proceeding arising out of or
relating to these Terms of Service shall be brought exclusively in the state and
federal courts sitting in Santa Barbara County, California.
Your use of this Website is subject to these Terms of Service.
Severability of Provisions
These Terms of Service incorporate by reference any notices contained on
this Website, the Privacy Notice, and constitute the entire agreement with
respect to access to and use of this Website. In the event there is conflict
amongst the terms of the foregoing, these Terms of Service prevail. If any
provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and
shall not affect their validity and enforceability.
Modifications to Terms of Service
Condoit may, in its sole discretion, modify or revise these Terms of Service,
including without limitation Condoit’s Privacy Notice, at any time by posting
the amended terms on the Websites or otherwise linking to them in the
Services. Condoit additionally will either (a) notify you via the email address
you have associated with your account if you have registered with the
Websites or Services, so you must ensure that Condoit email is not filtered
from your Inbox by your ISP or email software, or (b) post a notice on the
Websites and Services that the Terms of Services and/or Privacy Notice have
been updated. You agree that your use of this Website, after the date on
which the Terms of Service changed, will constitute your acceptance of the
updated Terms of Service, and that you agree to be bound by such
modifications or revisions.