Terms of Service

7DIGITS, LLC TERMS OF SERVICE

Last modified July 25, 2021.

THIS IS A LEGAL AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND THE 7DIGITS, LLC (“7D”). AS USED HEREIN, “YOU” MEANS A USER OF THE SERVICE. YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE 7DIGITS PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS INCORPORATED INTO, A PART OF, AND GOVERNED BY, THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE OF THE 7D WEBSITE: https://7digits.com (THE “SITE”) AND THE SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THE SITE, ALONG WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF (THE “SERVICE”). THE SERVICE MAY BE ACCESSED THROUGH FACEBOOK, GOOGLE, TWITTER, AND OTHER ONLINE AND SOCIAL MEDIA CHANNELS. BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU ARE NOT PERMITTED TO USE THE SERVICE.

1. 1.Changes to this Agreement. 7D reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into, a part of, and governed by this Agreement) at any time; provided, however, that 7D will use reasonable efforts to provide you with notification of any material changes (as determined in 7D’s sole and absolute discretion) by email, postal mail, website posting, pop-up screen, or in-service notice. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
2. 2.No Endorsement. The Service and the entire contents of the Service (the “Content”) are provided for informational purposes only. Any information provided to you by 7D as a result of your participation in the Service is being provided to you solely for your informational benefit. In creating the Content, 7D relies on third-party sources that 7D has not vetted. Your reliance on the Service or the Content is at your own risk. 7D does not endorse or warranty any product, service, or other information that may be referenced on or through the Service.
3. 3.Access to the Service.
   • Subject to your acceptance of and compliance with this Agreement, 7D grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Content except as specifically allowed in this Agreement.
   • 7D may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. 7D may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
   • You agree to be bound by any application-, tool-, or content-specific rules published within the Service.
   • Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as an infringement of 7D’s copyrights in and to the Service. 7D reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at 7D’s discretion.

4. 4.Ownership of Intellectual Property.

1. • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by 7D and its licensors and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. 7D, and the 7D logos, are trademarks of 7D and may not be used without the express written permission of 7D. You agree to include, and to not remove or alter, 7D’s trademark, copyright or other proprietary rights notices, as provided by 7D on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by 7D from time to time. You agree that all goodwill that arises in connection with your use of 7D trademarks inures exclusively to 7D, and you agree not to challenge 7D’s ownership or control of any 7D trademarks, nor use or adopt any trademarks that might be confusingly similar to such 7D trademarks.
   • You do not acquire any ownership rights by using the Service, or downloading material from or uploading material to the Service.
   • You hereby grant to 7D an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, suggestions, ideas, and other submissions disclosed, submitted, or offered to 7D in connection with your use of the Service, including without limitation by email to 7D (collectively, “Submissions”) in any manner whatsoever 7D may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law 7D may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this Section 4.3 will survive any termination of your account(s), the Service, or this Agreement.
   • You are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the public areas of the Service. Any information you share through the Services is by design open to the public and is not private.  The 7D Parties (as defined below) will have no responsibility for any actions taken, or failures to take action, with respect to the public areas of the Service or any Submissions.  As with any public directory on any website, the information you post may show up in third-party search engine results.

5. 5.Usage Rules.

1. • As a condition of your use of and access to the Service, you agree to comply with any application-or content-specific rules published within the Service as well as the following usage rules, which 7D may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that your activities on the Service will not:
     • copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code;
     • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
     • use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
     • distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
     • cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
     • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
     • sell the Service or any part thereof for currency or items of monetary value;
     • violate any applicable law, including without limitation any applicable export laws;
     • harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
     • infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
     • be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by 7D in its sole discretion;
     • further any chain letters or pyramid schemes;
     • deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
     • allow another person or entity to use your identity in order to access the Service or post or view Submissions;
     • intentionally post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
     • engage in conduct deemed by 7D to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing 7D or another to any liability or detriment of any kind; or
     • violate the terms of service of any channel by which you access the Service.

6. 6.Privacy and Protection of Personal Information. 7D respects the privacy of visitors to and users of the Service. Information collected from by 7D is subject to the 7D Privacy Policy. By using the Service, you may be granting Facebook the right to share your e-mail address and any other personally identifiable information with 7D. Please see the 7D Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the 7D Privacy Policy, including, but not limited to, the manner in which 7D collects, uses and discloses your personally identifiable information and non-personally identifiable information, is incorporated into, made a part of, and governed by this Agreement. By accepting this Agreement, you agree to all of the terms of the 7D Privacy Policy. You further agree to comply with all applicable laws with respect to all information you may receive from 7D.
7. 7.Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, 7D hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. 
8. 8.Disclaimers; Limitations; Waivers of Liability.

1. • YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER 7D NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “7D PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
   • THE 7D PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
   • THE SERVICE HEREUNDER IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. 
   • THE 7D PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE 7D PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT 7D IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE 7D PARTIES WOULD BE LIABLE TO YOU FOR, IS $500. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE 7D PARTIES BE LIABLE TO YOU FOR MORE THAN $500.
   • TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
   • You forever release, discharge, and covenant not to sue the 7D Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the 7D Parties, or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree that you cannot sue the 7D Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service.  You agree that the provisions in this Section will survive any termination of your account(s), the Service, or this Agreement.

9. 9.Indemnification. You agree to defend, indemnify and hold harmless the 7D Parties from and against all liability, claims, actions and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) the Service, or this Agreement.
10. 10.Third Party Sites and Products. We may include links to third-party sites or services, or information about third-party products or services. You should review the terms of use and privacy policies of all sites and services you link to from or are referred to by our Service. We do not endorse or take responsibility for these third party offerings. We do not vet or take responsibility for third-party sites, services or products or the postings or communications of other users.
11. 11.Governing Law/Waiver of Injunctive Relief.

1. • This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. You agree not to commence or prosecute any action in connection any dispute other than in the state or federal courts located in San Diego, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Diego, California.
   • You acknowledge that the rights granted and obligations made hereunder to 7D are of a unique and irreplaceable nature, the loss of which will irreparably harm 7D and which cannot be replaced by monetary damages alone so that 7D will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

12. 12.Waiver/Severability.

1. • The failure of 7D to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of 7D’s right to assert or rely upon any such provision or right in that or any other instance.
   • You and 7D agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect.

13. 13.Miscellaneous. 7D operates and controls the Service from its offices in the State of California, in the United States. 7D makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 7D to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, 7D or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from 7D if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in 7D’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, 7D will retain all rights to the Submissions pursuant to this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without 7D’s prior written consent. This Agreement (including the 7D Privacy Policy) contains the entire understanding between you and 7D, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon 7D’s request, you will furnish to 7D any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against 7D by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
14. 14.Statute of Limitations. You and 7D both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.