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Privacy
Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Aromatize can use such data in accordance with our privacy policy.
You will ensure that at all times you use the Services, the Properties have a clearly labeled and easily accessible privacy policy that provides end users with clear and comprehensive information about cookies, device-specific information, location information and other information stored on, accessed on, or collected from end users' devices in connection with the Services, including, as applicable, information about end users' options for cookie management. You will use commercially reasonable efforts to ensure that an end user gives consent to the storing and accessing of cookies, device-specific information, location information, or other information on the end user's device in connection with the Services where such consent is required by law.
Confidentiality
You agree not to disclose Aromatize Confidential Information without our prior written consent. Confidential Information" includes: (a) all Aromatize. software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by Aromatize that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Aromatize Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section, you may accurately disclose the amount of Aromatize gross payments resulting from your use of the Services.
Indemnity
You agree to indemnity and defend Aromatize, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by Aromatize; your use of the Services; or your breach of any term of the Aromatize Terms. Aromatize advertisers are third-party beneficiaries of this indemnity.
Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Aromatize Terms; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and you have control over the way in which the Services are implemented on each Property; (iv) Aromatize has never previously terminated or otherwise disabled an Aromatize Account created by you due to your breach of the Aromatize Terms, including due to invalid activity; (v) entering into or performing under the Aromatize Terms will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Aromatize is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE AROMATIZE TERMS, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, AROMATIZE MAY REFUSE TO SERVE, AS APPLICABLE, (i) ADVERTISEMENTS AND OTHER CONTENT ("ADS"), (ii) AROMATIZE SEARCH BOXES AND SEARCH RESULTS, AND (iii) RELATED SEARCH QUERIES AND OTHER LINKS TO YOUR PROPERTIES. WE DO NOT GUARANTEE THAT EVERY PAGE WILL RECEIVE ADS OR THAT AROMATIZE WILL SERVE A CERTAIN NUMBER OF ADS. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE "AS IS".
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE AROMATIZE TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AROMATIZEE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE AROMATIZE TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE AROMATIZE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered the Aromatize Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Miscellaneous
Entire Agreement; Amendments. The Aromatize Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject. The Aromatize Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the Aromatize Terms, or (ii) as set forth in Section 4, if you keep using the Services after Aromatize modifies the Aromatize Terms.
Assignment. You may not assign or transfer any of your rights under the Aromatize Terms.
Independent Contractors. The parties are independent contractors and the Aromatize Terms do not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. Other than as set forth in Section, the Aromatize Terms do not create any third-party beneficiary rights.
No Waiver. Other than as set forth the failure of either party to enforce any provision of the Aromatize Terms will not constitute a waiver.
Severability. If it turns out that a particular term of the Aromatize Terms is not enforceable, the balance of the Aromatize Terms will remain in full force and effect.
Survival. Sections these Terms of Service will survive termination.
Governing Law; Venue. All claims arising out of or relating to the Aromatize Terms or the Services will be governed by Florida law, excluding Florida's conflict of laws rules, and will be litigated exclusively in the federal or state courts of Miami-Dade County, Florida, USA, and you and Aromatize consent to personal jurisdiction in those courts.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact Aromatize, please visit our contact page , please visit our contact page, please visit our contact page , please visit our contact page , please visit our contact page , please visit our contact page , please visit our contact page.
Aromatize
Miami Gardens, Florida, United States
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