1.1 License

Subject to these Terms, Rendezvu grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal and non-commercial use, such use not for public performance purposes. Rendezvu may revoke your license at any time in its sole and absolute discretion and upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

1.2 Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions:

• You will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service.
• You will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service.
• You will not use or access the Service to develop similar or competitive content, products or services.
• No part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form.
• You must act with integrity and treat others with respect, and not use the Service in violation of applicable laws.
• You may not link to the Site homepage unless it is fair, legal, and does not damage the reputation of Rendezvu.
• You may not promote any criminal activity or provide instructional information about illegal activities.

Unless otherwise indicated, any future Service (including any aspect thereof) will be subject to the Terms. All copyright and other proprietary notices embedded within or displayed on the Service must be retained.

1.3 Affiliate Marketing and Host Profiles

Hosts who create profiles on Rendezvu ("Hosts") have the opportunity, not the right, to use the Services in accordance with these Terms to promote and sell gear and related products to clients and any visitors to the website ("Customers"). Hosts may set their own prices, availability, and rules for the products they promote or sell, provided that any additional terms or conditions between a Host and a Customer are consistent with these Terms and are clearly disclosed in the product or profile description.

For clarity, a product or gear listing may entitle a Customer to purchase, use, or receive that product; however, the Customer is responsible for (i) ensuring that they, and anyone they purchase for, meet any minimum requirements for the product, and (ii) communicating any relevant information to the Host that may impact the purchase or use of the product.

Rendezvu acts solely as a platform provider and does not own, control, offer, or manage any products or gear listed by Hosts. Rendezvu is not a party to agreements made directly between Hosts and Customers and does not act as an agent for either party. When a Host accepts a purchase or inquiry from a Customer, the Host is entering into a direct agreement with the Customer and is responsible for fulfilling the order as described and at the specified price. Hosts agree to pay any applicable fees to Rendezvu. Rendezvu may deduct amounts owed from Host payouts unless otherwise agreed. The relationship between Hosts and Rendezvu is that of independent contractors, not employees, agents, joint venturers, or partners. Rendezvu does not direct or control a Host's listings, pricing, or terms, and Hosts have full discretion over their offerings. By using Rendezvu, Hosts grant Rendezvu exclusive access to use all data and content they submit to the site for any purpose, including marketing, analytics, and platform improvement. Hosts are responsible for complying with all applicable laws regarding taxes, reporting, and any other legal obligations related to their sales and activities on the platform.

1.4 Cancellations and Modifications

If a Customer makes a purchase of gear or related products from a Host through Rendezvu and later cancels or requests a refund, the amount refunded to the Customer and paid to the Host will be determined by the cancellation or refund policy set for that product or sale. Hosts are expected to fulfill all confirmed sales and should not cancel on Customers without a valid reason. If a Host cancels a confirmed sale without a valid reason, Rendezvu may impose a cancellation fee or other consequences. If a Customer receives a refund after a Host has already been paid, or if the total refund and any costs incurred by Rendezvu exceed the Host's payout, Rendezvu may recover that amount from the Host, including by deducting it from future payments to the Host at the end of the month. These Terms take precedence over any individual cancellation or refund policy set by a Host in cases where Rendezvu determines a refund or cancellation is warranted. If Rendezvu reasonably expects to provide a refund to a Customer under these policies, payout to the Host may be delayed until a final decision is made. Hosts and Customers are responsible for any modifications they agree to regarding a sale, and agree to pay any additional amounts, fees, or taxes associated with such modifications.

1.5 Amendments

Rendezvu reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You acknowledge and agree that Rendezvu will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

1.6 No Support or Maintenance

You acknowledge and agree that Rendezvu will have no obligation to provide you with any support or maintenance in connection with the Service.

1.7 Ownership

Excluding any User Content (as defined below), you acknowledge and agree that all the intellectual property rights, including without limitation rights in copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Rendezvu or Rendezvu’s licensors. Neither these Terms nor your access to or use of the Service transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 1.1 and 1.2. Rendezvu reserves all rights not granted in the Terms. There are no implied licenses granted under the Terms.

1.8 Registration

To create a Rendezvu Host account, you must apply through the Services. Approving a proposed account, and suspending or terminating approval of an existing account, is at Rendezvu's sole discretion. You must provide accurate, current, and complete information during the registration process and keep your account up to date. You also agree to continuously update and ensure the accuracy of your account information throughout the duration of your use of the Services. You are responsible for maintaining the confidentiality of your account and password.

If you create or administer an account on behalf of a company, organization, or other legal entity, you represent, warrant, and covenant that (a) you have full legal authority to bind that entity to these Terms, (b) all references to "Host" or "you" in these Terms will be deemed to include such entity, and (c) you will ensure that only authorized personnel access your credentials.

1.9 Identification

By using our Services and submitting an application for an account, you represent and warrant that the third-party social media and other accounts listed in your application belong to you. You further acknowledge and agree that we reserve the right to request additional information or documentation from you to verify your identity. This may include, but is not limited to, government-issued identification documents, proof of address, or any other relevant identification information.

1.10 Reviews

Hosts and Followers may have an opportunity to review each other. Such review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms or applicable law. You acknowledge and agree that reviews are not verified by Rendezvu for accuracy and may be incorrect or misleading.

1.11 Connecting Social Accounts

By linking, connecting or otherwise integrating any third-party social media account (including, without limitation, Instagram, TikTok, YouTube, or any successor or related service) with your Rendezvu account or Services usage, you represent, warrant and covenant that you have read, understood and agreed to that platform's applicable terms of service, privacy policy, guidelines, and any other rules governing your use of that platform. You acknowledge that your access to and use of such platforms is subject to those third-party terms, and that any failure by you to comply with such terms may constitute a breach of this Agreement.

2.1 User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy under Section 2.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Rendezvu. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Rendezvu is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

2.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Rendezvu an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

2.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy."

• You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content:
  • That violates any third-party right, including but not limited to: Copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, likely to mislead or deceive, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.
  • That is harmful to minors in any way.
  • That is in violation of, or promotes or assists the violation of, any law, regulation, or obligations or restrictions imposed by any third party.
  • That is directed at children under 13 years of age.
  • That violates any provision of the Children's Online Privacy Protection Act and/or Federal Trade Commission regulations, or Canadian Code of Advertising Standards, or the Competition Act (Canada) on material connection disclosures.
  • That contains material that is false or misleading with respect to any person or entity.
  • That discloses another person's personal identifiable information, including without limitation name, address, social security number or other identifying number or code, telephone number, email address, contact information, password, credit card or bank account information.
  • That promotes, advertises or solicits for contests, sweepstakes, multi-level marketing campaigns, Ponzi schemes, pyramid schemes, digital currencies or cryptocurrencies without express written permission.
• In addition, you agree not to:
  • Upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data.
  • Send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
  • Use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
  • Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means.
  • Harass or interfere with any other user's use and enjoyment of the Service or use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
  • Use any meta tags or any other "hidden text" utilizing Rendezvu's name or trademarks without our express written consent.
  • Reverse engineer, disassemble or decompile any Rendezvu prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
  • Register, purchase, or use any Internet domain name that contains, is confusingly similar to, or incorporates in whole or in part the words "Rendezvu," any Rendezvu trademark, or any misspelling or phonetic equivalent thereof.

2.3 Enforcement

We reserve the right (but have no obligation) to review any User Content or user activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Further, Rendezvu may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body. Such action may include, but is not limited to, removing, modifying or refusing to publish your User Content, terminating or suspending your access to the Service, disclosing and reporting your identity or other information about you to law enforcement authorities or third-parties who claim that material violates their rights, and/or taking any action that we deem necessary or appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS RENDEZVU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RENDEZVU DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER RENDEZVU OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all User Content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

2.4 Feedback

If you provide Rendezvu with any reports, comments, suggestions, ideas, text, photos, audio, video, information, other content or other feedback regarding the Service (“Feedback”), in whatever form and through whatever means, you do so without expectation of compensation and you hereby grant Rendezvu a perpetual, irrevocable, freely transferable, freely sublicensable, fully-paid, royalty-free right and license to such Feedback and agree that Rendezvu will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. If Feedback includes personal information, such Feedback will only be used for these purposes if such use complies with applicable dfata protection laws in accordance with the Privacy Policy. Feedback is strictly voluntary and Rendezvu will treat any Feedback you provide to Rendezvu as non-confidential and non-proprietary. You agree that you will not submit to Rendezvu any information or ideas that you consider to be confidential or proprietary

2.5 Reporting Violations

If you believe that another User, Host or Follower poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Rendezvu. In addition, if you believe that another User, Host or Follower has violated our Terms, you should report your concerns to Rendezvu. If you reported an issue to local authorities, Rendezvu may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

2.6 Copyright Policy

Rendezvu respects the intellectual property rights of others and enforces the following copyright policies:

In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature.
• Identification of the copyrighted work(s) that you claim to have been infringed.
• Identification of the material on our services that you claim is infringing and that you request us to remove.
• Sufficient information to permit us to locate such material.
• Your address, telephone number, and e-mail address.
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Rendezvu is hunter@rendezvu.co.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Rendezvu has adopted a policy of terminating, in appropriate circumstances and at Rendezvu’s sole discretion, users who are deemed to be repeat infringers. Rendezvu may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

3.1 Responsibility for Commission Payments

Merchants or brands (collectively, "Merchants") partnering with Rendezvu are solely responsible for paying commissions on sales generated by Hosts. As a Host using Rendezvu, you will receive payment for commissions only after Rendezvu has received the corresponding commission payment from the involved Merchant. This process ensures transparency and accountability in all commission-based transactions facilitated through our Services.

3.2 Variability of Commission Rates

Please be aware that the commission rates provided are only estimates and are subject to change. These changes can occur for various reasons, including but not limited to promotional adjustments, Merchant discretion, changes in revenue share agreements, budget constraints of brands, and alterations in fees. As a result, the rates are not guaranteed and may fluctuate. By using the Services, you acknowledge and accept that the actual commission rate you receive for any transaction could differ from the initially estimated rate. Rendezvu is committed to providing accurate, current information but cannot be held (and is not) responsible for any rate discrepancies or changes made by Merchants.

3.3 Conditions for Commission Reversal

Merchants reserve the right to reverse or deny commissions for various reasons, which may include, but are not limited to, the following circumstances:

• Use of specific discount codes not compatible with the affiliate program;
• Returns, cancellations, or modifications of purchases by the end consumer;
• Situations where purchases are tracked through another platform, resulting in a conflict or duplication in commission claims;
• Purchases involving items that are explicitly excluded from commission eligibility; and/or
• Cases where a sale is deemed fraudulent, involves duplicate orders, or results in payment authorization failures.

As a Host using the Services, you acknowledge and agree that all commission payments are subject to, and contingent upon, the final approval and payment policies of the applicable Merchants. Rendezvu acts solely as an independent intermediary and does not serve as a fiduciary, trustee, or escrow agent on your behalf. Rendezvu is not responsible for, and shall bear no liability related to, any Merchant decisions concerning commission approvals, reversals, denials, or non-payment. No trust, escrow, agency, or other fiduciary relationship is created between you and Rendezvu by your use of the Services. Rendezvu reserves the right to delay, withhold, or reverse commission payments in cases of suspected fraud, abuse, violation of platform policies, or Merchant non-payment.

3.4 Acknowledgement of Terms

By using the Services, you agree to the foregoing commission and payment terms, and understand that your earnings are dependent on the adherence to such terms by both you and the Merchants. Rendezvu is committed to ensuring a fair and transparent process but is not liable for the acts, omissions, or decisions made by Merchants in relation to commission payments.

3.5 Confidentiality

You agree that all non-public information you receive about Rendezvu, a Merchant, or any campaign, including without limitation, commission rates, product samples, creative briefs, discount codes, and performance data, constitutes confidential information. You shall not disclose, publish, or use such information except as strictly necessary to perform your obligations under this Agreement. These confidentiality obligations shall survive the expiration or termination of this Agreement and the closure of your Rendezvu account indefinitely.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6.1 Disclaimers

THE SERVICE AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND RENDEZVU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. RENDEZVU MAKES NO WARRANTY THAT THE SERVICE OR ANY COMPONENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

MOREOVER, AN OFFERING AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND A HOST ALSO DISCLAIMS DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. A HOST MAKES NO WARRANTY THAT THE SERVICE OR ANY COMPONENT WILL MEET A FOLLOWER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE OFFERING OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. RENDEZVU MAY UPDATE THE CONTENT ON THE SITE AND SERVICES FROM TIME TO TIME, BUT SUCH CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE MATERIAL ON THE SITE AND SERVICES MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT ACTING AS A HOST OR FOLLOWER CARRIES INHERENT RISKS AND AGREE THAT YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING ANY OFFERINGS), PROVIDING ANY OFFERINGS, OR ANY INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE. YOU AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE THE SERVICE AND ANY LAWS, RULES, REGULATIONS, OR OBLIGATIONS THAT MAY BE APPLICABLE TO THE SERVICE, OFFERINGS OR OTHER SERVICES IN CONNECTION WITH BEING A HOST AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE BY RENDEZVU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RENDEZVU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE SERVICE OR ANY COMPONENTS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY COMPONENTS, EVEN IF RENDEZVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.

MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL A HOST BE LIABLE TO A FOLLOWER FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE SERVICE, THE OFFERING OR ANY COMPONENTS, OR THE FOLLOWER’S USE OF, OR INABILITY TO USE, THE SERVICE, THE OFFERINGS OR ANY COMPONENTS, EVEN IF THE FOLLOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE OFFERING IS AT THE FOLLOWER’S OWN DISCRETION AND RISK, AND FOLLOWER WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.

RENDEZVU SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ABNORMAL OR UNFORESEEABLE CIRCUMSTANCES OUTSIDE ITS REASONABLE CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL EFFORTS TO THE CONTRARY, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, PANDEMICS, EPIDEMICS OR DISEASE, STRIKES OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.

MOREOVER, A HOST SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM WITH A FOLLOWER RESULTING FROM ABNORMAL OR UNFORESEEABLE CIRCUMSTANCES OUTSIDE ITS REASONABLE CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL EFFORTS TO THE CONTRARY, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, PANDEMICS, EPIDEMICS OR DISEASE, STRIKES OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNTS PAID BY YOU AND RETAINED BY RENDEZVU IN THE TRANSACTION GIVING RISE TO SUCH ACTION; OR (ii) ONE HUNDRED UNITED STATES DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.