Terms of Service and User Agreement

Last updated: 03/01/2024

PLEASE READ THESE TERMS OF SERVICE AND USER AGREEMENT CAREFULLY BEFORE USING OUR SERVICE. THESE TERMS OF SERVICE DEFINES THE RELATIONSHIP BETWEEN PARSIMS LLC AND ANY PERSON ACCESSING OUR WEBSITE AT WWW.PARSIMS.COM AND/OR CREATING A USER ACCOUNT AND/OR USING OUR SERVICES. IF ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF SERVICE, OR TERMS INCORPORATED BY REFERENCE, ARE UNACCEPTABLE TO YOU, DO NOT VISIT, ACCESS, OR USE THE WEBSITE, APPLICATION, OR ANY OF OUR SERVICES.

1 - Interpretation and Definitions

1.1 - Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions

For the purposes of these Terms of Service and User Agreement:

Account means a unique account created for You to access Our Service or parts of Our Service.

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named Parsims LLC.

Buyer refers to users of the Service.

Country refers to The United States of America.

Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms of Service) refers to Parsims LLC, 2436 S 3850 W Ogden, UT 84401.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.

Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of Our Service.

Goods refer to the items or services offered.

Operator (referred to as either "the Operator", "We", "Us" or "Our" in these Terms of Service) refers to Parsims LLC.

Order means a request by You to purchase or trade by any means Services or Goods on the Application or Website.

Seller refers to users of the Service who are listing Goods and making them available for trade by any means.

Service refers to the Application or the Website or both and the services offered through the Application or the Website or both.

Terms of Service and User Agreement (also referred to as “Terms” or “Terms of Service”) mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service. This Terms of Service agreement was generated by TermsFeed and fine-tuned by Sharetribe.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

Website refers to Parsims LLC, accessible from www.parsims.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, and any of Your guest(s) that You bring with You when using the Service.

2 - Contact Us

If You have any questions about these Terms, You may contact Us by email at [email protected].

3 - Acknowledgment

These are the Terms of Service governing the use of this Service and constitutes a legally binding agreement between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service. You are responsible for regularly reviewing these Terms. You can view the most current version of the Terms by visiting Our Website. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service. You represent that You are over the age of majority according to the laws of Your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4 - Governing Law

The laws of the State of Utah of the United States of America, as if these Terms are a contract wholly entered into and wholly performed within the State of Utah, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws. We make no representation that the Website, Services, or any of the materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Website or Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.

4.1 - For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

4.2 - United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.4 - Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 - User Accounts

5.1 - Account Creation

Eligibility. By creating an Account with Our Website, You affirm that You are at least eighteen (18) years old and have the legal capacity to enter into these Terms. Required Account. Each user must have an Account in order to use the Services. We require that You provide login information such as a username and password to access and utilize Your Account. As a condition of Your use of the Website, Services, and Application, You agree to: (1) provide Us with true, accurate, current, and complete information when registering for Your Account; (2) update and maintain the truthfulness, accuracy, and completeness of such information; (3) not use as a username or the name of another person or entity or that is not lawfully available for use; (4) not use a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization; or (5) a name that is otherwise offensive, vulgar or obscene. Account Communication. You agree and understand that all communication with You will be by email. We will use the email address associated with Your Account as Our primary means of communication with You. You agree to keep Your email address up-to-date and immediately notify Us if there are any changes. We retain the right to deny access to the Services and Your Account if You fail to provide and maintain a valid email address. Your use of and conduct on the Website, Services, and Application are subject to applicable laws and regulations. By creating an Account, accessing, or using this Website, Services or the Application You agree to be legally bound and adhere to these Terms, all terms incorporated by reference, and applicable laws and regulations. Prohibited Use. You may use the Website or Application for commercial purposes to: (1) open an Account to participate in Our Services; (2) participate in Our Services; (3) access and print or download copies of the current version of these Terms and other documents relating to Our Website or Application; (4) use the Website or Application in other ways as We expressly permit hereunder. Your use of the Website, Services, and Application and Your submission or access to any Content ratings, reviews, posts, comments, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Website, Services, or Application, is conditioned upon Your compliance with the rules of conduct provided herein, Your failure to comply may result in termination of Your access to the Website, Services, and Application and You will be liable for any damages caused by Your noncompliance. By way of example, and not as a limitation, You agree not to:

Violate these Terms of Service, Our Privacy Policy, other applicable agreements with Us, and any applicable local, state, national, or international law, and any rules or regulations having the force of law;
Use the Website, Services, Application, or Content in any manner that violates any relevant law or that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
Send bulk emails, surveys, advertisements, promotional materials, junk mail, mass messaging, or any other form of solicitation, whether commercial in nature or not, engage in keyword spamming, or otherwise attempt to manipulate search results, reviews, or any third-party website;
Reproduce, duplicate, copy, modify, sell, resell, or exploit any Content or the Website, Services, or Application for any commercial, political, religious, educational, any other non-personal purpose or for any purpose unrelated to Your personal purchasing decisions, without Our express written consent;
Rent or sell the Services to a third party;
Copy, reverse engineer, or create derivative works of the Website, Services, or Application;
Change or alter information, material, content, or notices in the Website, Services, or Application;
Impersonate any person or entity or use or provide any fraudulent, misleading or inaccurate information, misrepresent Your association with any person or entity, including misrepresenting a relationship with Us, or otherwise attempt to mislead others as to the identity or the origin of a review or rating;
Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure, interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website, Services, or Application;
Defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including, but without limitation, others’ privacy rights or rights of publicity;
Post or solicit Content that is hateful, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
Solicit personal information from minors;
Knowingly provide or submit false or misleading information;
Use the Website, Services, Application, or Content if You are under the age of eighteen (18);
Take any action that would undermine the review and rating process under the Website, Services, or Application;
Access or attempt to access another user account without permission or other computer systems or networks connected to the Website, Services, or Application or solicit another user’s login information;
Attempt to gain unauthorized access to any portion or feature of the Website, Services, Application, Content, or any other systems or networks connected to the Website, Services, Application, or Content or to any server used by Us by hacking, password “mining” or any other illegitimate or unauthorized means, including, but not limited to, attempting to obtain a password, account, or any other personal or private information from any other user;
Use or distribute any Content, including Content that has been verified or confirmed by You or anyone else, to directly or indirectly create or contribute to the development of any database or product;
Use the Website, Services, Application, or Content in any way that could interfere with Our rights or the rights of other users;
Use any information, material, or Content in the Services, Website, or Application to create a competing service;
Engage in any activity including, but not limited to, sales or purchases that interfere with the ordinary and open operation of the Services, Website, or Application;
Engage in unlawful multi-level marketing, such as a pyramid scheme;
Sell, share, or otherwise transfer Your username, password, other information, or Your rights or obligations under these Terms of Service;
Use, alter, add-on to, or connect Us, the Website, Services, or Application with another application programming interface;
Transmit, introduce, or submit any transmission or other materials that are encrypted or that contains viruses, malicious code, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website, Services, or Application;
Reformat, “frame”, or “mirror” any portion of the Website, Services, or Application;
Access, download, monitor, or copy any information contained on Our Website, Services, or Application through artificial means, including, but not limited to, using any “robot”, “deep-link”, “scraper”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce, harvest, or circumvent the navigational structure or presentation of the Website, Services, or Application or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website, Services, or Application;
Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, Services, Application, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Website, Services, Application;
Probe, scan or test the vulnerability of the Website, Services, Application, or any network connected to the Website, Services, or Application, or breach the security or authentication measures on or of the Website, Services, Application, or any network connected to the Website, Services, and Application. You may not reverse look-up, trace or seek to trace any information on any other user of the Website, Services, or Application, or any other customer of Ours, including any account not owned by You, to its source, or exploit the Website, Services, Application, or any service or information made available or offered by or through the Website, Services, or Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than Your own information, except as expressly authorized by Us and provided for by the Website, Services, or Application; or Facilitate or encourage any violation of this Section.

5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address. You may have to provide documents to comply with identity verification. Before or during posting Goods or receiving Services, You may be asked to supply, without limitation, Your bank account details and Your identity documents. Before or during placing an Order, You may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

5.3 - Account Review

We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 - Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party, as granting access may violate applicable laws and regulations and may result in the immediate termination of Your Account. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

5.5 - Account Termination

These Terms are effective until You or We terminate them. You may terminate these Terms at any time by terminating Your Account and discontinuing Your use of the Website, Services, and Application. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately. Termination of these Terms will not affect any right or relief to which We are entitled at law or in equity. Upon termination of these Terms, You agree that You must cease accessing or using the Website, Services, and Application, and agree not to access or make use of, or attempt use of, the Website, Services, and Application, and any information or materials that have been provided to You. These Terms that by their nature and context are intended to survive any termination, will survive such termination, and will be fully enforceable thereafter. We may report Your fraudulent activity or a breach of these Terms to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them. In the event of Your fraudulent activity or breach of these Terms, as determined at Our sole and absolute discretion, Your right to use Our Website, Services, and Application will cease immediately.

6 - Content

6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 - Content Restrictions

The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity including the Company or Operator and its employees or representatives.
Violating the privacy of any third person.
False information and features. The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing any copyrights. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, ...). If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email (see 3 - Contact Us) and include in Your notice the following information related to the alleged infringement: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. Your address, telephone number, and email address. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers. We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with You.

7.2 - Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct, and complete. By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 - Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites. We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 - Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order. The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

7.5 - Payments

Payment can be made through various payment methods We have available. We rely on payment gateways that have their own terms of service and their own limitations. By providing Us with Your billing information, including, but not limited to, credit cards, debit cards, and financial institution information (“Payment Information”) You are expressly agreeing that We are authorized to charge You for the Service(s) or Good(s) that You elect and any other fees for additional services You may purchase, and any applicable taxes in connection with the Services or Your use of Your Account. You also agree that We may store any Payment Information that You provide in Our servers or third-party servers. Please review Our Privacy Policy for more information regarding the storage of Your personal information and Payment Information. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. It is important that each user honor the payment obligations to which the user agreed. Accordingly, We reserve the right to retry billing Your provided Payment Information after failed attempts. We also reserve the right to pursue amounts You fail to pay in connection with Your Account. You will remain liable for all such amounts and all costs incurred in connection with collection of these amounts, including, but not limited to, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and court costs.

7.6 - Service Fees

We may charge You some fees (and applicable taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during Your Order. We reserve the right to change the service fees at any time.

7.7 - Order Modification

You and the Sellers are responsible for any Order modifications You agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 - Order Cancellation

7.8.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order
Mistakes from the Seller
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

7.8.2 - Order Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded. If something outside Your control requires You to cancel an Order, or if You think Your Order should be refunded, contact Us.

7.8.3 - Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller. If something outside Your control requires You to cancel an Order, or if You think Your Order should not be refunded, contact Us.

7.9 - Order Dispute

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.

8 - Disclaimer of Warranties and Limitation of Liability

8.1 - Limitation of Liability

Notwithstanding any damages that You might incur (including any guest of Yours), the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or One Hundred U.S. Dollars ($100.00 USD) (or its equivalent in the Service local currency) if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, bodily injury, emotional distress, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

8.2 - "AS IS" and "AS AVAILABLE" Disclaimer

You acknowledge and agree that Your reliance on the information available on the Website or Application or through use of the Services and Your interactions with other users through the Services is SOLELY AT YOUR OWN RISK. The Website, Application, Content, Good, and Service are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty, expressed or implied, of any kind. For example: (i) We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Seller, Good, Service, Content or third party; (ii) We do not warrant the performance or non-interruption of the Website or Application; (iii) We do not provide, and do not warrant, verification, identity, background checks, or criminal records on Sellers or Buyers (or any guest(s)); and (iv) We do not identify past misconduct or prevent future misconduct for any Sellers or Buyers. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.3 – Indemnification

You (including Your guest(s)) agree to indemnify, defend, and hold harmless Parsims, LLC and any of its Affiliates, and third-party vendors from and against any and all claims, actions, demands, losses, damages, costs, liabilities, and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (1) Parsims’ performance of its functions under these Terms and all other agreements or terms incorporated herein; (2) Your access to or use of the Website, Services, or Application, including Your Content; (3) Your breach of these Terms, including but not limited to, any intellectual property or copyright infringement by of a third-party’s rights by You; (4) any of Your affiliates, employees, agents, and representatives’ breach of these Terms; (5) Your fraudulent, malicious, misuse, or abuse of the Website, Services, and/or Application; (6) inaccurate or untruthful Content or other information provided by You or that You submit, transmit, or otherwise make available through the Website, Services, or Application; (7) any intentional or willful violation of any rights of another or harm You may have caused to another; (8) Your violation of applicable laws, rules, or regulations in connection with Your use of the Website, Services, or Application; (9) any products or services purchased or obtained by You in connection with Parsims, LLC; or (10) Your products or services, or the marketing or provisions thereof to end users.

8.4 – Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator. The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.5 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

9 - Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator. The validity, enforcement, construction, rights and liabilities of the parties and provisions of these Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Utah. If for any reason court action is filed, You consent to the jurisdiction of the courts of record in the State of Utah and agree that proper jurisdiction and venue shall be exclusively in the state and federal courts of Salt Lake County, State of Utah. The Parties do hereby waive all defenses and questions of personal jurisdiction or venue for the purposes of carrying out this provision, to the extent permitted by law.

In the event any action in law or equity or any arbitration or other proceeding is brought for the enforcement of these Terms or in connection with any of the provisions herein, the successful or prevailing party or parties shall be entitled to reasonable attorney’s fees and other costs reasonably incurred in such action or proceeding.

10 - Intellectual Property of the Service

All text, marks, videos, graphics, user interfaces, visual interfaces, page headers, button icons, scripts, photographs, copyrights, trademarks, logos, service marks, derivatives, sounds, artwork, trade dress, algorithms, functionalities, features, computer code, including but not limited to, the design, structure, and arrangement of the content on Our Website and all other intellectual property rights therein (collectively referred to as “Intellectual Property”) will remain the sole and exclusive property of the Company or Operator and its licensors and are owned and licensed to Us and are protected by the copyright, trademark, trade dress, and various other intellectual property laws and treaties. You should assume that all Intellectual Property, Content, and materials made available on the Website, Services, or Application are protected by copyright law. You have no right, title, security interest or any other interest in, including but not limited to, “PARSIMS”, the Website, Services, Application, and any of Our source code except for the limited rights to use the Website. No part of Our Website, Services, Application, Intellectual Property, or Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator. We grant to You a limited, non-exclusive, non-assignable, non-transferable license to access and use the Website, Services, and Application subject to Your agreement to and compliance with these Terms. The license granted to You pursuant to these Terms is solely for Your personal use, not for resale or redistribution, and may not be used for any other purpose. You agree not to reverse engineer, decompile, or translate Our Intellectual Property or Content in any way. The Intellectual Property and Content on Our Website may not be copied, modified, republished, assigned, sold, distributed by You, and You may not prepare any derivatives based on Our Intellectual Property or Content. You have no right to the Intellectual Property, Content, or any ideas found on Our Website. No ownership rights are granted to You hereunder and no title is transferred to You hereunder. All rights, title, and interest in the Intellectual Property shall belong to Us or Our Affiliates. We reserve all rights not otherwise expressly granted by these Terms.

11 - Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. You agree that no relationship, including, but not limited to, joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or by accessing or using Our Website, Services, or Application. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Our rights to comply with governmental, court, and law enforcement requests or requirements relating to Your access or use of the Website, Services, or Application.

12 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Any modifications or changes to these Terms of Service are in full force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. BY CONTINUING TO ACCESS OR USE OUR SERVICE AFTER THOSE REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. If You do not agree to the new terms, in whole or in part, please stop using the Application and/or Website and the Service. If You fail to periodically review this Website and Terms to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and agree that such failure amounts to Your affirmative waiver of Your rights to review the amended terms.