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  1. These are the terms of use (hereinafter referred to as “Terms of Use") of aklamio GmbH, Hauptstraße 27-29, Haus 9 (Neubau) Aufgang N, 10827 Berlin (hereinafter referred to as "Aklamio"). Aklamio offers a service on the internet (hereinafter referred to as "Aklamio Service") which allows the tracking and processing of recommendations made by persons who are registered with Aklamio in accordance with these Terms of Use (hereinafter referred to as "Users" or “You”) for products and services offered by its partner businesses (hereinafter referred to as "Partners"). The Aklamio Service is accessible via the webpage of the Partners as well as through the Aklamio website www.aklamio.com (hereinafter referred to as "Website") and in some cases the Aklamio Service is also available via telephone order or in an authorized retail store. Users can recommend the Partners’ products and services to third parties (hereinafter referred to as “Customers”) using the Aklamio Service. If upon such recommendation, Partner and Customer enter into a commercial transaction, as described below, the User receives a previously defined reward from Aklamio for his/her recommendation under these Terms of Use (hereinafter referred to as „Recommendation Reward”). Alternatively, according to some reward offers the Users may receive a previously defined reward when purchasing products or services from certain Partners for themselves through the Aklamio Service (hereinafter referred to as "Purchase Reward"; together with „Recommendation Reward” referred to as „Rewards”). The Rewards can be in the form of a monetary amount to be paid to the User or any other form according to the conditions of the respective reward offer. In some cases the User may have an option to choose between different Rewards. The following Terms of Use apply between Aklamio and any User of Aklamio.2. The Aklamio Service may be used by natural persons as well as legal persons. Natural persons must be at least 18 years old to be eligible to use the Aklamio Service. If you are a natural person, You declare that You are at least 18 years old by accepting these Terms of Use.3. If You intend to use the Aklamio Service for self-employment activities or other commercial purposes at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform Aklamio about this fact immediately in writing. A commercial purpose exists when recommendations are made regularly and in larger volumes with the intention of earning a regular or recurring profit. If You use or intend to use the Aklamio Service for self-employment activities or other commercial purposes Aklamio reserves the right to exclude You from the use of the Aklamio Service, to terminate the agreement with You without notice, or to authorize such commercial use on an individual case-by-case basis.4. If You are a User in the United States, in no event will You be entitled to earn, nor will Aklamio have any obligation to pay, more than $600 in United States Dollar value during any calendar year.5. When using the Aklamio Service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.6. The use of the Aklamio Service is free for all Users.§ 2 Parties7. Aklamio is not a representative of its Partners. Therefore, by entering into an agreement based on these Terms of Use between the User and Aklamio, no legal relationship between the User and the Partner is formed.8. The purchase of goods, services or other transactions with the Partner by Users or Customers is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction. Claims of the User or Customer arising under this legal relationship can only be brought against the Partner.9. § 3 Registration and Entering into Agreement10. To be able to use the Aklamio Service, You must register and create an Aklamio account. In order to register, You must fill out the registration or recommendation form provided by the Aklamio Service and fully agree to these Terms of Use. You should also take note of the privacy policy of Aklamio (http://www.aklamio.com/en/privacy) which is referred to during the registration process.11. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.12. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.13. Upon full registration, the User submits an offer to enter into a contractual relationship with Aklamio on the basis of these Terms of Use. The agreement between the User and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reasons.14. The Aklamio Service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the Aklamio Service is not transferable and strictly reserved for the registered User.15. This agreement is entered into for an unlimited period of time.16. § 4 Revocation17. You may revoke Your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of the conclusion of this agreement and ends 14 days thereafter. To exercise Your revocation right, You must inform Aklamio (aklamio GmbH, Hauptstraße 27-29, Haus 9 (Neubau) Aufgang N, 10827 Berlin, email: kündigung@aklamio.com ) unequivocally of Your intention to revoke this agreement (e.g. by mail or email).18. § 5 Rewards Conditions19. A Recommendation Reward will be granted (subject to § 6) only for a successful recommendation that meets the following conditions and was made using a media channel supported by Aklamio and the applicable rewards offer.20. (1) The User can post or send a recommendation using one of the supported electronic media channels by clicking the respective button. Each recommendation, which has been generated in such a way, contains a link created by Aklamio ("Referral Link") that is linked to the recommended product and Partner. Alternatively, the User can copy and share the Referral Link and use it only for its intended purpose in accordance with these Terms of Use (especially taking into account the obligations in § 7). In any such cases, a recommendation shall be deemed successful only if:21. the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 3),22. directly (i.e. without delay and without visiting other website(s) in between) upon the clicking of the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement for the purchase of the recommended product or service specified in the rewards offer,23. the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,24. the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies), and25. the Customer is not identical to the recommending User.26. (2) Certain reward offers provide that the rewarded transaction between Partner and Customer may alternatively take place via telephone order or in an authorized retail store. In such cases, a recommendation shall be deemed successful only if:27. the User generates the appropriate Referral Link and uses it for its intended purpose in accordance with these Terms of Use,28. the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 3) and takes notice of the displayed recommendation code,29. the Customer and the Partner enter into an agreement for the purchase of the recommended product or service, with the Customer stating the recommendation code and the Partner registering such code,30. the transaction between Customer and Partner fulfills the additional conditions referred to in the rewards offer, and31. the Customer is not identical to the recommending User.32. If provided for in the rewards conditions, instead of using the Referral Link, the User may provide the Customer with his/her email address used for registering with Aklamio and consent to its disclosure to the Partner for matching purposes.33. A Purchase Reward will be granted (subject to § 6) only when the following conditions are met:34. The transaction between You and the Partner is made using the Purchase Reward button on the Website or other services provided by Aklamio during the validity of the rewards offer (§ 5 No. 3),35. directly (i.e. without delay and without visiting other website(s) in between) upon Your clicking on the Purchase Reward button on the Website and the subsequent routing to the Partner’s online shop, You and such Partner enter into an agreement about the product or service specified in the rewards offer,36. the transaction between You and the Partner fulfills the additional conditions referred to in the respective rewards offer, and37. the transaction between You and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.38. The User acknowledges that reward offers are subject to change at any time and are only valid for a limited time. Reward offers may also be limited with respect to the number of eligible recommendations. A Reward can only be earned if and to the extent that, at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect, (i) the reward offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is becoming effective are met. Applicable are exclusively the reward conditions as they are stated on the website of the relevant rewards offer at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect.39. § 5a Content of the Reward; Expiration40. Rewards (Recommendation Rewards as well as Purchase Rewards) may entitle the User either to the payment of a monetary amount (hereinafter „Cash Rewards”) or to any other kind of specific performance (hereinafter „Non-Cash Rewards”). The monetary amount of the Cash Rewards to be paid to the User or the details of any other specific performance of the Non-Cash Rewards are specified in the respective reward offer.41. Unless agreed otherwise in the respective reward offer, the promise to pay the reward amount or to fulfill any other specific performance promised according to the reward offer expires one year after the Reward has been marked as „confirmed” according to § 6.42. § 6 Reward Fulfillment Conditions43. Aklamio creates a rewards account for each User after successful registration, to which the earned Rewards will be credited. Aklamio regularly informs You about the current status of Your rewards account by email and You can see this information at any time in Your account information.44. For each successful referral in accordance with § 5 No. 1 and each successful purchase in accordance with § 5 No. 2, as the case may be, the Reward specified in the rewards offer will be temporarily credited to the User's account and marked as "pending".45. A pending Reward will be granted only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of Recommendation Rewards) or Partner and User (in the case of Purchase Rewards):46. The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),47. full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of Recommendation Rewards) or by the User (in the case of Purchase Rewards) to the Partner,48. acceptance of the ordered goods or services by the Customer or User, as the case may be,49. any statutory or contractual cancellation or revocation period having elapsed,50. the transaction meets any additional conditions specified in the rewards offer, and51. confirmation of the effectiveness of the transaction by the Partner to Aklamio.52. After the conditions specified in § 6 No. 3 have been met, the Reward will be credited to the rewards account and marked as "confirmed". If one or more of the requirements referred to in § 6 No. 3 are permanently missed, the corresponding "pending" Reward will be canceled and marked as "rejected".53. You can demand payment of Cash Rewards as soon as the amount of the confirmed Cash Rewards in your account has reached the minimum amount of 1 Euro (or 1 GBP, 1 CHF, 1 USD, as the case may be). Payments are exclusively made by wire transfer to the User’s bank account within the SEPA-region (“single euro payments area”) or via the payment service PayPal to the User’s PayPal account. You may incur fees charged by PayPal or Your bank, in particular if You wish payment in a currency other than Euro or the local currency of the SEPA member country where Your bank is located. Aklamio is not responsible and will not reimburse You for such fees. You can not demand payment of Cash Rewards to bank or PayPal accounts other than your own.54. Upon the payout of a Cash Reward by Aklamio to the bank account (or PayPal account, respectively) specified by You, You release and discharge Aklamio of and from all claims for payment with respect to the respective Cash Rewards, even if the account does not belong to You.55. Any objections to the balance or other details of the rewards account must be made by You in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection within such period shall be deemed an approval of the rewards account balance. Aklamio will point out this consequence to the User when informing him about the rewards account balance. You may request an adjustment of the rewards account balance after the six weeks period, but then must prove Your claim that a Reward earned by You was not credited or not credited in full. The cancellation right of Aklamio according to § 6 No. 9 of these Terms of Use remains unaffected.56. Rewards may be canceled by Aklamio, if a payout of a Cash Reward or the respective form of fulfilment of a Non-Cash Reward would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of Purchsae Rewards) or the Customer (in the case of Recommendation Rewards) violates the terms of use of the Partner, (iii) the User uses the Aklamio Service to obtain Rewards in an improper or fraudulent manner inconsistent with the purpose of the Aklamio Service or (iv) the reward conditions or the payout of fulfillment conditions have not been met. In the case of abuse or violation of these Terms of Use Aklamio may, in its sole discretion, retroactively cancel Rewards without notice. Canceled Rewards are marked as "rejected". Additionally, Aklamio reserves the right to not issue Rewards otherwise earned if Aklamio determines in good faith that the payment of a Cash Reward or the respective form of fulfillment of a Non-Cash Reward could violate applicable law, and you agree to hold Aklamio harmless in such event.57. The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or the Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s and/or the Customer’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio Service or the Partner’s websites. In these cases, the User has no payment claim wth respect to a Cash Reward nor any claim for the fulfillment of a Non-Cash Reward against Aklamio, but may request an adjustment via his account. For the avoidance of doubt, Aklamio may correct errors contained in a rewards account at any time.58. You may submit reward adjustment requests through the applicable option in Your reward account. The request must be made within the time period specified in the respective rewards offer, but in any event no later than within three (3) months following (i) the date of the transaction between the Partner and Customer (or User, respectively) or (ii) the rejection of the Reward by Aklamio, as the case may be.59. The User may not assign or transfer individual or all rights and obligations, including any Rewards, under this agreement without Aklamio's prior written consent.60. No interest is payable on credited Rewards.61. § 7 User Content62. Aklamio may, at its sole discretion, permit You to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (hereinafter referred to as "User Content"). By providing User Content on the Website, You grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio Service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when You delete the respective User Content or Your Aklamio account.63. You are solely responsible for User Content You provide. By providing User Content You confirm that (i) You either have the exclusive rights pertaining to the relevant User Content or that You have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 no. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party. Aklamio has a policy to terminate the accounts of repeat infringers of intellectual property rights.64. You agree not to provide any User Content that violates public morals. In particular, Your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.65. Aklamio has the right, but not the obligation, to remove Your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.66. § 8 Obligations of the User67. You may use the Aklamio Service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, You may not use the Aklamio Service for Your own advertising, other commercial offers or in the context of illegal or immoral content.68. You may send recommendations via email, Facebook messages etc. using the Aklamio Service only to those persons and/or companies, which have expressly consented to receiving such recommendations from You. You must comply with all commercial email (“spam”) laws that are applicable to you.69. You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio Service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio Service; You may add additional information, but only in the context of Your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.70. You agree not to use any illegal or unethical means in connection with Your use of the Aklamio Service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of Your recommendations. Also, You may not mislead about or conceal the fact that You receive a Reward for a successful referral. In some countries, including the United States, You may be legally required to disclose that You may receive a reward if the recipient of your recommendation makes a purchase by using the Referral Link.71. You are prohibited to use any trademarks or other rights (see § 11) of Aklamio or Partners of Aklamio, unless You received the permission to do so from Aklamio or the Partner, respectively.72. You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, You may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.73. You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.74. You may not use the Aklamio Service in any way harmful to Aklamio or its Partners. In particular, You may not use the Aklamio Service to send recommendations to Yourself or to fake successful recommendations. Any type of fraudulent behavior is expressly prohibited and Aklamio reserves all rights to protect the Aklamio Service, Website, Users, and Partners.75. You agree to provide only accurate and up-to-date data in connection with Your registration with Aklamio (§ 3) and/or the entering of Your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that You provide for the purpose of receiving Cash Reward payments (like Your name and surname, account number, bank code, etc.).76. You may request the payout of a Cash Reward only to your own bank account or PayPal account.77. You are obliged to maintain Your Aklamio account login data secure and to protect Your personal password from being accessed by unauthorized third parties. All actions performed while logged on under Your password are considered to be actions made by You.78. You may only register and maintain a single Aklamio account. If You register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.79. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio Service.80. Aklamio has the right to provide Your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so or if and to the extent it servers the purpose of investigating the suspicion of criminal offence committed by the User to the detriment of Aklamio or is necessary in order to enforce Aklamio’s claims against the User.81. § 9 Availability82. Aklamio uses great efforts to ensure the continuous availability of the Aklamio Service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.83. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio Service and the Website may be restricted or limited during that time.84. § 10 Responsibilities85. Unless otherwise stated in these Terms of Use, including the following provisions, and subject to the following limitations, Aklamio can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.86. Aklamio can be held liable for damages due to intentional and grossly negligent conduct. For negligent conduct Aklamio can only be held liable for:87. (i) the compensation of damages resulting from the injury of life, bodily injury or health, or88. (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.89. The limitations on liability pursuant to § 10 no. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).90. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to defects of products or services purchased from a Partner may only be asserted against such Partner.91. Aklamio is not liable for links generated by Aklamio that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties. § 254 of the German Civil Code (BGB) remains unaffected.92. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and Rewards. § 254 BGB remains unaffected.93. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.94. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.95. Aklamio assumes no liability for the deliverability and/or the physical or electronic receipt of a recommendation by the recipient.96. The Partner is solely responsible for the confirmation of a Reward offered for a transaction on his website; Aklamio does not assume any liability with respect to the confirmation of a Reward by the Partner or the timeliness of such confirmation.97. § 11 Data protection, Property Rights98. You are encouraged to read Aklamio’s privacy policy that governs the protection of personal data by Aklamio.99. All rights pertaining to the Website and its content, any Partner’s website and its content, internet domains, the technology underlying the Aklamio Service and trademarks and logos of Aklamio or its Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. Aklamio (or its Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. Aklamio grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use Aklamio Service in accordance with these Terms of Use. This right of use ends with the end or termination of this agreement between You and Aklamio. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from Aklamio or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the Aklamio Service.100. § 12 Termination101. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.102. Aklamio has the right to terminate this Agreement without notice if You breach any of Your obligations referred to in § 1, § 7 and § 8, and to block Your Aklamio account with immediate effect.103. The termination must be made in writing or by email. You must send Your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by You during registration.104. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio Service.105. § 13 Modifications106. Aklamio has the right to enter into new agreements with Partners or to terminate existing agreements with Partners at any time.107. Aklamio reserves the right to change the Aklamio Service at any time, provided such change does not affect material performance obligations.108. Aklamio may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the Website. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such an email. Aklamio will point out this consequence in its email. The notice period may be shortened in Aklamio's reasonable discretion if and to the extent the changes are required by applicable law.109. § 14 Miscellaneous110. This Agreement including these Terms of Use are exclusively governed by German law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the German principles of conflict of laws, provided that if the User is consumer within the meaning of § 13 of the German Civil Code (BGB) and is domiciled with the European Union, mandatory consumer protection laws of such EU member state, in which the User has its permanent residency, shall remain unaffected.111. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.112. The place of the fulfillment of all contractual obligations is Berlin, Germany.113. With respect to Users in the United States and only in the event § 14 no. 1 is deemed unenforceable by a court of competent jurisdiction, the following terms shall apply to supplement and supersede -- in the event and to the extent of any conflict -- the provisions in § 10:114. (i) Liability Disclaimer.115. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKLAMIO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.116. (ii) Liability Cap.117. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF AKLAMIO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF $100, OR THE TOTAL REWARDS YOU EARNED DURING ANY PREVIOUS SIX MONTHS PERIOD, WHICHEVER IS GREATER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH MAY INCLUDE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.118. (iii) Class Action Waiver.119. YOU AND AKLAMIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND AKLAMIO AGREE, NO JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.120. (iv) Disclaimer of Warranties121. YOUR USE OF THE AKLAMIO SERVICE, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AKLAMIO SERVICE OR WEBSITE IS AT YOUR OWN RISK. THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKLAMIO NOR ANY PERSON ASSOCIATED WITH AKLAMIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE AKLAMIO SERVICES OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AKLAMIO NOR ANYONE ASSOCIATED WITH AKLAMIO REPRESENTS OR WARRANTS THAT THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE AKLAMIO SERVICES, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AKLAMIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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12 month contract.

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View Terms & Conditions

12 month contract.