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    Terms and Conditions

    Part 5

    Limitations of Liability

    Disclaimer of Warranties

    TOVA'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

    • The implied warranties of merchantability, fitness for a particular purpose, and non-infringement
    • Any warranties regarding the accuracy, reliability, or quality of any information, content, or services provided
    • Warranties regarding the success of any social connections, professional networking, or personal relationships formed through Tova's services
    • Guarantees about the behavior, character, or actions of any members or event participants

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOVA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

    • Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses
    • Personal injury, property damage, or emotional distress arising from or in connection with your use of Tova's services
    • Any actions, content, or conduct of any third party or other member using Tova's services
    • Any unauthorized access to or use of Tova's servers or any personal information stored therein

    TOVA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF TOVA'S SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO TOVA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID TOVA ANY AMOUNT IN SUCH PERIOD.

    Indemnification

    You agree to defend, indemnify, and hold harmless Tova, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from or in any way connected with:

    • Your access to or use of Tova's services
    • Your violation of these Terms
    • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
    • Any content or information you submit, post, or transmit through Tova's services
    • Your conduct in connection with Tova's services or with other users of Tova's services

    Tova 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 these claims.

    Termination

    Termination by Tova

    Tova reserves the right to terminate or suspend your account and access to services, with or without notice and without liability, for any reason, including but not limited to:

    • Violation of these Terms
    • Conduct that Tova believes is harmful to other members, third parties, or Tova's business interests
    • Provision of false, inaccurate, or misleading information
    • Suspected fraudulent or illegal activity
    • If Tova ceases operations or significantly changes its business model

    Termination by Member

    Members may terminate their membership at any time by:

    • Canceling their subscription through the account settings page
    • Contacting Tova's customer service to request account deletion

    Please note that termination of your account does not automatically entitle you to a refund. Refunds will be handled in accordance with the Cancellation and Refund Policy outlined above.

    Effect of Termination

    Upon termination of your account:

    • You will lose access to all Tova services and benefits
    • Any pending event registrations or invitations will be canceled
    • Your profile will no longer be visible to other members
    • Tova may retain certain information as required by law or for legitimate business purposes

    Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties, disclaimers, indemnity, and limitations of liability.

    Changes to Terms

    Tova reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on Tova's website or notifying members through email or other communication channels. Your continued use of Tova's services after any such changes constitutes your acceptance of the new Terms.

    For significant changes that materially affect your rights or obligations:

    • Tova will make reasonable efforts to provide notice at least 30 days in advance
    • Notice may be provided via email, in-app notification, or prominent display on Tova's website
    • If you do not agree to the updated Terms, you must stop using Tova's services

    It is your responsibility to review these Terms periodically to stay informed of any updates.

    Contact Information

    If you have any questions, concerns, or feedback regarding these Terms or Tova's services, please contact us at:

    Email: info@tovaexperiences.com

    Mail: Tova Experiences, Inc.
    1234 Market Street
    San Francisco, CA 94103

    Please allow up to 5 business days for a response to your inquiry.

    Acceptance of Terms

    By creating an account, accessing or using Tova's services, or participating in Tova events, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including all incorporated policies and guidelines.

    If you do not agree to these Terms, you must not access or use Tova's services or participate in Tova events.

    These Terms constitute the entire agreement between you and Tova regarding your use of Tova's services and supersede any prior agreements or understanding, whether written or oral.

    Last Updated: June 15, 2024