Terms

Last updated: January 16, 2024

1. About these terms of use

These Terms of Use apply to the access and use of the website regxelerator.com and should be understood as a binding legal agreement between you and Regxelerator (hereinafter referred to as “Regxelerator” and/or “We” and/or “Us”), which are represented by Jenny Radziwolek as the sole Director and located at the representative offices at Wessex House, 5th Floor, 45 Reid Street, Hamilton HM12, Bermuda.

For the purposes of this document, “You” and/or “User” means any individual who may access, browse and/or use this Website, acting on its own behalf or on behalf of any entity.

By accessing, browsing and/or using this Website, you are expressly accepting and electronically providing your consent to all the Terms of Use. If you do not agree with these Terms of Use, you must leave this Website immediately.

In conjunction with these Terms of Use, please also carefully read our Privacy Policy.

2. Copyright and use of website content

Regxelerator hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Website content available on our Website (“Website Content”) on any single computer or device solely for your internal, business use, provided that you do not modify the Website Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Website Content, and that you otherwise comply with these Terms of Use.

You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose Website Content, without Regxelerator’s prior written consent. In addition, you may not “mirror” the Website Content or any portion thereof without Regxelerator’s express written consent.

Nothing on this Website should be construed as granting directly or indirectly, or by implication, any license or right to use any Regxelerator intellectual property other than as expressly set forth herein. The license granted in this Section terminates automatically and immediately if you do not comply with these Terms of Use.

3. User content

You acknowledge and agree that Regxelerator shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information or content that you provide to Regxelerator through questionnaire, survey responses, and otherwise (“User Content”), and you acknowledge and agree that, by providing us any information and/or content, you automatically grant, and hereby do grant to us, a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such information and/or content for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Regxelerator for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Regxelerator ’s use and publication of such information and/or content. Regxelerator reserves the right to refuse to post and the right to remove any information and/or content provided by you, in whole or in part, for any reason or for no reason.

4. Website use and restrictions

You must not use or attempt to use the Website to:

  1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website.
  2. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
  3. Impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity.
  4. Collect or store personal data without the knowledge and express consent of the data subject.
  5. Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website or any property, devices, software, services, networks or data connected to, or inter-operating with the Website, or to any Website Content or data stored, accessed or delivered through the Website and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature.
  6. Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Website Services.
  7. Copy or reproduce the Website and/or Website Content in any manner and/or through reverse engineering and/or disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website, including any related malware signatures and malware detection routines.
  8. Change, modify or otherwise alter the Website.
  9. In any way violate any applicable local, national or international law or regulation.

Regxelerator reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for breach of this Section or any other provision hereof and/or for any other reason without prior notice or liability.

Regxelerator may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any Website feature, database, service, or content, without prior notice or liability.

5. Website maintenance

Regxelerator will make its best efforts to provide and/or make the Website in an uninterrupted manner to its Users. However, this Website may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by Regxelerator and/or by our service providers, and such scheduled maintenance activity may or may not be notified to you. In addition, the Website may be unavailable due to unscheduled emergencies and/or for other causes beyond Regxelerator’s reasonable control and for such unscheduled emergencies prior notice shall not be given by Regxelerator.

6. Third-party links

The Website may include links to third-party websites. The inclusion of any link on the Website does not imply our endorsement or association with those third-party websites, their content or their operators, and Regxelerator expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the services provided by, available through, or advertised on these third-party websites.

You agree and acknowledge that the use of any website controlled, owned or operated by a third party is governed by the terms of use and privacy policies of those websites. You also accept and acknowledge that you access such third-party websites at your own risk.

7. Termination

These Terms of Use and our Privacy Policy will immediately terminate upon you breaching any of the obligations in any of these agreements. Regxelerator reserves the right to any other remedies available under law in the event that you breach any of the obligations under these Terms of Use and our Privacy Policy and adversely affects Regxelerator in any way.

8. Disclaimers, warranties and limitation of liability

  1. THIS WEBSITE AND ITS CONTENT ARE PROVIDED AND ARE AVAILABLE ON AN “AS IS” BASIS FOR USE AS OUTLINED IN THESE TERMS OF USE.
  2. REGXELERATOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY INFORMATION PROVIDED THROUGH THE WEBSITE.
  3. REGXELERATOR DOES NOT WARRANT AND DISCLAIMS THAT THE WEBSITE AND ITS CONTENT WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, AND FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.
  4. REGXELERATOR DOES NOT WARRANT THAT THE WEBSITE WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE AND/OR DEVICE, OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
  5. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ANY CONTENT EMBEDDED IN THE WEBSITE AND/OR PROVIDED BY US IS ASSUMED SOLELY BY YOU.
  6. REGXELERATOR DOES NOT, UNDER ANY CIRCUMSTANCES, WARRANT OR GUARANTEE ANY SPECIFIED RESULT THAT YOU INTEND TO OBTAIN AND/OR ANY OTHER RESULT OF ANY KIND THAT YOU HAVE INTENDED TO OBTAIN UPON USING THE WEBSITE.
  7. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  8. REGXELERATOR WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF THE WEBSITE SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.
  9. REGXELERATOR IS EXCLUSIVELY LIMITED TO PROVIDING THIS WEBSITE IN ACCORDANCE WITH THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU OR ANY USER USES THIS WEBSITE FOR ANY PARTICULAR OR BUSINESS PURPOSE NOT AUTHORIZED BY US AND/OR OR IN VIOLATION OF THESE TERMS OF USE AND/OR OUR PRIVACY POLICY, REGXELERATOR SHALL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS; LOSS OF ANTICIPATED PROFITS OR SAVINGS; BUSINESS INTERRUPTION; AND/OR LOSS OF IMPROVEMENTS OR BUSINESS OPPORTUNITY AND/OR ANY OTHER KIND OF LOSS OR DAMAGE CAUSED TO YOU AND/OR ANY THIRD-PARTY.
  10. 1. THIS WEBSITE, INCLUDING ANY CONTENT EMBEDDED ON THE WEBSITE AND/OR PROVIDED BY US, IS PROVIDED WITH THE UNDERSTANDING THAT REGXELERATOR IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU. THEREFORE, YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF ANY CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE WEBSITE CONTENT AND/OR CONTENT PROVIDED BY US SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK.
  11. REGXELERATOR WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR THE AVAILABILITY, ACCURACY, RELIABILITY, VERACITY, AND USEFULNESS OF ANY WEBSITE CONTENT EMBEDDED OR AVAILABLE ON OUR WEBSITE.
  12. REGXELERATOR WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR ANY THIRD PARTIES CONTENT WHICH YOU HAVE ACCESS TO THROUGH THE WEBSITE, OR PROVIDED BY US, THAT: (I) IS FRAUDULENT, FALSE, MISLEADING (DIRECTLY OR BY OMISSION OR FAILURE TO UPDATE INFORMATION) OR DECEPTIVE; (II) IS DEFAMATORY, LIBELOUS OR OFFENSIVE; (III) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY; (IV) DISCLOSES OR PUBLISHES COPIES OF PRIVATE COMMUNICATIONS BETWEEN PRIVATE INDIVIDUALS WITHOUT THE EXPLICIT CONSENT OF ALL PARTIES TO THE COMMUNICATION; AND/OR (V) VIOLATE THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AND/OR ANY APPLICABLE LOCAL, NATIONAL OR INTERNATIONAL LAW OR REGULATION.
  13. REGXELERATOR WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE CAUSED BY YOU TO THIRD PARTIES AS A RESULT OF THE VIOLATION OF ONE OR MORE PROVISIONS TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AND/OR THE VIOLATION OF ANY THIRD PARTIES RIGHTS AND/OR ANY APPLICABLE LOCAL, NATIONAL OR INTERNATIONAL LAW OR REGULATION, OR JUDICIAL ORDER.
  14. REGXELERATOR WILL BE HELD LIABLE SHOULD IT FAIL TO COMPLY WITH THESE TERMS OF USE AND/OR OUR PRIVACY POLICY CAUSING ANY LOSS OR DAMAGE TO YOU, THAT WAS FORESEEABLE, AND AS A RESULT OF OUR BREACH TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY. HOWEVER, REGXELERATOR WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO YOU THAT WAS NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME YOU USE THIS WEBSITE, AND CAN BE ANTICIPATED BY BOTH REGXELERATOR AND YOU.
  15. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL REGXELERATOR BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.
  16. YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU SHALL NOT FILE ANY LEGAL CLAIM AND/OR REMEDY AVAILABLE AGAINST REGXELERATOR FOR ANY POSSIBLE DAMAGE DIRECT OR INDIRECT CAUSED BY YOU TO ANY USER AND/OR THIRD PARTY ARISING OUT OF THE USE OF THE WEBSITE.
  17. THE EXCLUSIONS AND LIMITATIONS OF REGXELERATOR LIABILITY CONTAINED IN THESE TERMS OF USE, WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.

9. Indemnity

You declare that the use of the Website is intended for lawful purposes only and that it complies with all applicable laws and regulations.

You hereby agree to indemnify, defend and hold Regxelerator, and all of its successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the “Related Persons”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by Regxelerator or any of its Related Persons in connection with any claim arising out of any use or alleged use by you of this Website or arising out of or in relation to any breach by you of these Terms of Use and/or our Privacy Policy. Regxelerator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Regxelerator’s defense of such claim.

10. No waiver

Regxelerator´s failure to insist upon strict performance of any provision of these Terms of Use and its Privacy Policy shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of your performance or compliance with these agreements.

11. Entirety

These Terms of Use and our Privacy Policy, constitute the entire agreement between Regxelerator and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

12. Severability

In the event that a court of competent jurisdiction holds any provision of these Terms of Use and/or our Privacy Policy to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms of Use and/or our Privacy Policy, and they shall continue in full force and effect.

13. No assignment

You may not assign the rights or obligations under these Terms of Use and our Privacy Policy without the prior written consent of Regxelerator.

14. Interpretation

The headings in these Terms of Use and our Privacy Policy do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the rights and obligations set forth in these Terms of Use and our Privacy Policy will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms of Use and our Privacy Policy.

15. Governing law and jurisdiction

These Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of Bermuda without regard to conflict of law provisions.

In case of any Dispute, you expressly agree to submit to the exclusive jurisdiction of the Courts of Hamilton, Bermuda.

16. Changes to these terms of use

Regxelerator may amend these Terms of Use, from time to time, in its sole discretion, by posting a revised version on the Website, providing notice on the Website. If you do not agree to the changes adopted, then you must stop the access or use of the Website immediately.

Any modifications to these Terms of Use will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Website after the posting of any change of our Terms of Use indicates that you express your acceptance of such modifications.

17. Contact

For any questions, comments, or complaints regarding these Terms of Use, you may address us by sending an email to: contact@regxelerator.com and that email receipt must be acknowledged by us.