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Terms and Conditions

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These terms and conditions were last modified on 12/02/2021

Welcome to our website. Your use of this website signifies your express consent to comply with and be bound by the following terms and conditions of use (“Terms”), which together with our Privacy Policy, govern all transactions, Your use of this website, and Your relationship with Runtime Technologies, LLC, doing business as Isos Technology (“Isos,” “we,” or “us”) and https://www.isostech.com and all affiliated and/or related pages and web sites (the “Sites”). “You” and “Your” includes you and all entities and persons that You represent. We may offer services and products pursuant to a separate, manually or digitally-executed agreement, which shall become additional terms and part of Your agreement with us. Absent any written, signed agreement, You agree that no other joint venture, partnership, fiduciary relationship, employment or agency relationship exists or will otherwise be created by Your use of the Sites.

Compliance with Laws

You must comply with federal, state, and local laws regarding the use of the Sites. You must not be prohibited from using our Sites. You agree that you will not collect or harvest any personal or confidential information in conjunction with your use of the Sites.

User Consent to Receive Communications in Electronic Format

If You submit an email or other form of electronic communication to us, You consent to receive communications from us in electronic format via the email address or other form of electronic communications that you have submitted. We may also use Your email address to send You other messages, including information about the Sites or services or products that we may offer You.

Modification

We reserve the right to modify our Sites at any time, with or without notice to You. We may add or remove functionality or features. We may revise these Terms time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure You are familiar with the current version.

Warranty Disclaimer

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Sites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on the Sites is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through the Sites meet Your specific requirements.

Content

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

We may provide opportunities for You to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if You own all the rights to that Content, or if another rights holder has given You permission.

You do not transfer ownership of Your Content simply by posting it. However, by posting Content, You grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if You stop using our Sites.

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to You in connection with any Content posted by another. Our Sites may include features that operate in conjunction with third-party social networking or other websites. These third-party features and/or websites may collect Your IP address, which page You are visiting on our site, and may set a cookie to enable the Feature to function properly. Your interactions with these features are governed by the privacy policy of the entity providing it.

From time to time this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s).

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU IN RELATION TO THE CONTENTS OF, OR USE OF, OR TRANSACTIONS PROCESSED THROUGH, OR OTHERWISE IN CONNECTION(COLLECTIVELY “USE”), WITH THIS WEBSITE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS. IN ADDITION, WE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DAMAGES OR ANY DAMAGES FOR ANY BUSINESS LOSS, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS CONTRACTS OR RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF DATA OR INFORMATION. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY IS SOUGHT TO BE IMPOSED UNDER CONTRACT, TORT, OR OTHERWISE. THESE LIMITATIONS APPLY EVEN IF YOU HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.

IN NO EVENT SHALL THE LIABILITY OF ISOS EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND ISOS DURING THE TWELVE (12) MONTHS IMMEDIATELY PROCEEDING ANY SUCH CLAIM.

Indemnity

You hereby agree to indemnify Isos and undertake to keep us indemnified against any losses, damages, costs, liabilities, including taxes for value received, and expenses (including without limitation legal expenses and any amounts paid by Isos to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of your use of the Sites and/or any breach by You of any provision of these Terms.  

Dispute Resolution

You agree that any dispute arising out of the use of the Sites shall be determined by binding arbitration conducted before a single arbitrator and pursuant to the rules of the American Arbitration Association.  The exclusive venue for such arbitration shall be within Maricopa County, State of Arizona, USA.  Any disputes shall be governed by the laws of the State of Arizona without regard to any conflict of law analysis or provisions.  Each party agrees to bear its own attorney’s fees, costs, and expenses, regardless of whether they are ultimately deemed to be the prevailing party to such dispute resolution.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Assignment

We may at any time assign our rights and obligations, in whole or in part, under these Terms without notice to You. You may not assign your rights or obligations under these Terms without the prior, written consent of Isos.

Entire agreement

These terms and conditions, together with any related documents, constitute the entire agreement between You and Isos in relation to your use of the Sites, and supersede all previous agreements in respect of Your use of the Sites.