1. INTRODUCTION


Welcome to Warehut, operated by Warehut, Inc. In this Agreement, the terms "Warehut," "us," "we," "the Company," and "our" all refer to Warehut, Inc. You and Warehut may be referred to together as the "Parties" or individually as "Party." By accessing or using our Services, including our website at https://warehut.io, the Warehut mobile app (called the "App"), or any other platforms or services that Warehut may offer (collectively known as the "Service" or "Services"), you agree to be bound by this Agreement.

This Agreement applies to anyone who accesses or uses our Services, regardless of whether they are registered or have a user account. Your use of our Services is also subject to our Privacy Policy, which are incorporated into this Agreement by reference. If you do not want to be bound by this Agreement, you must not access or use our Services.

We reserve the right to modify, amend, or change the terms of this Agreement at any time. Notice of any significant changes will be posted on this page with an updated effective date. In certain cases, we may notify you of changes to the terms via email or other means; however, it is your responsibility to regularly check this page for any changes. Your continued use of our Services indicates your ongoing consent to any changes, and as a result, you will be legally bound by the updated terms. If you do not accept a change to the terms, you must stop accessing or using our Services immediately.



  1. ELIGIBILITY


You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

  1. You are at least 18 years old;

  2. You are legally qualified to enter a binding contract with Warehut and, if you register a business account, you are legally authorized to do so on behalf of the business;

  3. You are seeking to use our Services for ecommerce fulfillment purposes (either as a business or individual);

  4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

  5. You are not prohibited by law from using our services;

  6. You have not committed, been convicted of, or been charged with, a felony or indictable offense, a sex crime, or any crime involving violence or a threat of violence;

  7. You are not required to register as a sex offender with any state, federal or local sex offender registry;

  8. You do not have more than one account on our Services; and

  9. You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.

You agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

• Use the latest version of the Website and/or App;

• Treat other users in a courteous and respectful manner, both on and off our Services;

• Be respectful when communicating with any of our customer care representatives or other employees;

• Take reasonable measures to protect the security of your login information.

• Present yourself respectfully and authentically.

You agree that you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

• Use the Services in a way that damages the Services or prevents their use by other users;

• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

• Use our Services for any harmful, illegal, or deceitful purpose;

• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

• Use another user’s account;

• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

• Violate the terms of the license granted to you by Warehut (see below).

• Disclose private or proprietary information that you do not have the right to disclose;

• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Warehut’s prior written consent;

• Express or imply that any statements you make are endorsed by Warehut;

• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

• Upload viruses or other malicious code or otherwise compromise the security of our Services;

• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

• “Frame” or “mirror” any part of our Services;

• Use meta tags or code or other devices containing any reference to Warehut or the platform (or any trademark, trade name, service mark, logo or slogan of Warehut) to direct any person to any other website for any purpose;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

• Use, access, or publish the Warehut application programming interface without our written consent;

• Probe, scan or test the vulnerability of our Services or any system or network;

• Encourage, promote, or agree to engage in any activity that violates these Terms; or

• Create a new account after we suspend or terminate your account, unless you receive our express permission.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

Prohibited Content — Warehut prohibits uploading or sharing content that:

• Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;

• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

• Is defamatory, libelous, or untrue;

• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

• Involves the transmission of “junk” mail or “spam”;

• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Warehut or otherwise;

• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

• Was not written by you or was automatically generated;

• Includes the image or likeness of another person without that person’s consent, or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;

• Is inconsistent with the intended use of the Services; or

• May harm the reputation of Warehut or its affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.



  1. CONTENT


While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); content uploaded or provided by other users of our Services, and (iii) content that Warehut provides on and through our Services (“Our Content”). This agreement defines "content" as any and all data, text, images, video, audio, or other material on our Services, including information on users’ profiles.

3a. YOUR CONTENT

You are solely responsible for Your Content and therefore agree to indemnify, defend, release, and hold us harmless from any and all claims related to Your Content.

You confirm that the information you provide to us or any other user is accurate and that you will update your account information as necessary to ensure its accuracy.

The content on your individual profile should be relevant to the intended use of our Services. You may not display personal contact or banking information, such as names, addresses, phone numbers, email addresses, URLs, or credit/debit card or other banking details. If you choose to reveal any personal information about yourself to other users, you do so at your own risk.

In order to promote safety and trust on Warehut, we require all profiles to be accurate reflections of each user, including the use of legal names and verified profile pictures. However, we also encourage caution when disclosing personal information online. Your profile may be visible to people around the world, so make sure you are comfortable with sharing Your Content before accessing our Services. You acknowledge and agree that Your Content may be viewed by other users and may be shared with third parties by other users in accordance with these Terms.

By uploading Your Content, you represent and warrant that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided below. You understand and agree that we may monitor or review Your Content and have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Additionally, you understand and agree that we are under no obligation to display or review Your Content.

3b. MEMBER CONTENT

Member Content belongs to the user who uploaded it and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content and may only use it in a way that is consistent with our Services' purpose of allowing users to communicate and meet one another. You may not copy Member Content or use it for commercial purposes, spamming, harassing, or making unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

3c. OUR CONTENT

We own, control, or license any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services and they are protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in Our Content remain with us at all times. We grant you a limited license to access and use Our Content as provided below, and we reserve all other rights.



  1. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING


We aim to create a positive and respectful Warehut community and do not tolerate inappropriate content or misconduct, whether on or off our Services (including but not limited to services operated by our affiliates). If you see inappropriate content or misconduct by other users, we encourage you to report it.

We may share data between our affiliates for the safety and security of our users in accordance with our Privacy Policy and may take necessary actions if we believe you have violated these terms, including banning you from our Services and/or preventing you from creating new accounts.

You understand and agree that we may not share information with you about your account if doing so could potentially compromise the safety or privacy of our other users. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint about Member Content that may be an intellectual property infringement, see Section 11 below.



  1. PRIVACY


Please read our Privacy Policy for information about how we collect, use, and share your personal data. Our Privacy Policy forms part of these Terms. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.



  1. RIGHTS YOU ARE GRANTED BY WAREHUT


As long as you follow these terms, Warehut will allow you to use our Services for the intended purposes and in compliance with the terms and relevant laws. This personal license, which cannot be transferred or sublicensed, is granted to you worldwide and free of charge. However, if you do not adhere to these terms, your authorization to access the Services will be terminated.



  1. RIGHTS YOU GRANT WAREHUT


By creating an account with Warehut, you give us and our affiliates and partners the worldwide, perpetual, transferable, sublicensable, royalty-free right to use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and make Your Content available to the general public in any format or medium, both now known and in the future. This license, which is non-exclusive except for derivative works created through our Services, also allows us to prevent the use of Your Content outside our Services by taking actions, such as sending DMCA Takedown Notices, on your behalf if Your Content is used by third parties without your permission. Our license to Your Content is subject to your rights under relevant laws, such as those related to personal data protection.

As a condition of using our Services, you agree to allow us to place advertising on our Services and to use and share any suggestions or feedback you provide to us about our Services without any compensation to you.

You also authorize us to access, preserve, and disclose your account information, including Your Content, if required to do so by law or if we believe in good faith that such action is necessary to comply with legal process, enforce these terms, respond to claims that Your Content violates the rights of third parties, provide customer service, or protect the rights, property, or personal safety of Warehut or others.



  1. ACCOUNT TERMINATION


You can request deletion of your account at any time from the "Settings" tab in the app. When you request account deletion, a member of our team will verify that nothing is outstanding on your account, for example unpaid bills or un-returned stock, and then permanently delete your data. If we are unable to delete your account because you have not completed your obligations before requesting deletion, a member of our team will contact you to explain what you need to do before we can delete your account.

Warehut reserves the right to investigate and, if necessary, suspend or terminate your account if we believe you have violated these terms, misused our services, or acted in an inappropriate or illegal manner on or off our services. We also reserve the right to use any personal, technological, legal, or other means available to enforce the terms at any time without liability and without prior notice, including but not limited to blocking your access to the services.

If your account is terminated by you or by Warehut for any reason, these terms remain in effect. Your information will be managed according to our Privacy Policy.



  1. WAREHUT DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS


YOU UNDERSTAND THAT WAREHUT DOES NOT PERFORM BACKGROUND CHECKS ON ITS USERS OR GUARANTEE VERIFICATION OF THEIR IDENTITIES. WAREHUT MAKES NO CLAIMS OR GUARANTEES ABOUT THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ITS USERS. WAREHUT RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE WAREHUT TO CONDUCT, ANY CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEARCHES OF SEX OFFENDER REGISTRIES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF WAREHUT DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SAFETY TIPS AND TAKING OTHER APPROPRIATE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH USERS ON THE WAREHUT APP. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY WAREHUT, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH INAPPROPRIATE BEHAVIOUR. WHILE WAREHUT AIMS TO CREATE A RESPECTFUL USER EXPERIENCE, IT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON OR OFF THE SERVICE. YOU AGREE TO EXERCISE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, ESPECIALLY IF YOU CHOOSE TO COMMUNICATE OUTSIDE THE SERVICE.



  1. DISCLAIMER


WAREHUT PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TO THE EXTENT PERMITTED BY LAW, DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING OUR SERVICES (INCLUDING ALL CONTENT CONTAINED WITHIN THEM), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WAREHUT DOES NOT GUARANTEE THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. ADDITIONALLY, WAREHUT MAKES NO GUARANTEES REGARDING THE PERFORMANCE, INTENTIONS OR CAPABILITIES OF ANY USER, THEIR WILLINGNESS OR ABILITY TO PROVIDE FULFILLMENT SERVICES THAT ARE SATISFACTORY TO YOU, OR THE ULTIMATE COMPATIBILITY OR CONDUCT OF USERS YOU INTERACT WITH THROUGH THE SERVICES.

WAREHUT IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES, NOR IS WAREHUT RESPONSIBLE FOR VERIFYING THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH WAREHUT. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND WAREHUT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OR ANY OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURES, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.



  1. DIGITAL MILLENNIUM COPYRIGHT ACT


If you think any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification of the alleged infringement (a "DMCA Takedown Notice") that includes the following information:

• Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

• Identification of the material that you claim is infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, along with information reasonably sufficient to allow the service provider to locate the material;

• Information reasonably sufficient to allow the service provider to contact you, such as an address, phone number, and, if available, an email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

• A physical or electronic signature of someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to hi@warehut.io. Warehut will terminate the accounts of repeat infringers.



  1. ADS AND THIRD-PARTY CONTENT


Our Services may contain advertisements and promotions from third parties and links to other websites or resources. Warehut may also include non-commercial links or references to third parties within its content. However, Warehut is not responsible for the availability or unavailability of any external websites or resources or their content, and does not endorse any products or services that may be offered by third-party websites or resources. If you decide to interact with third parties made available through our Services, their terms will govern your relationship with them. Warehut is not responsible or liable for these third parties' terms or actions.



  1. LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WAREHUT, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (ii) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WAREHUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WAREHUT'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WAREHUT FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST WAREHUT, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL.

THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.



  1. DISPUTE RESOLUTION


If you are unhappy with our Services for any reason, please contact Warehut Customer Service first so we can try to resolve your concerns without outside assistance. If you decide to pursue a dispute, claim, or controversy against Warehut, these terms will apply. In this context, "Warehut" includes our affiliates, employees, licensors, and service providers.

Warehut recognises the mutual benefit of informally resolving disputes (as defined below). Before formally pursuing a dispute in arbitration or small claims court, you agree to first send a detailed notice ("Notice") to Warehut, Inc. at 2810 N Church St, PMB #60829, Wilmington DE 19802-4447, USA. If Warehut has a dispute with you, it agrees to first send a Notice to you at your most recent email address on file with us, or if there is no email address on file, to other contact information associated with your account. Your Notice must include: (1) your full name; (2) information that enables Warehut to identify your account, such as a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth used to register your account, if any; and (3) a detailed description of your dispute, including the nature and factual basis of your claim(s) and the relief you are seeking, along with a calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Warehut' Notice must also include a detailed description of its dispute, including the nature and factual basis of its claim(s) and the relief it is seeking, along with a calculation of its damages (if any).

You and Warehut agree to then negotiate in good faith to try to resolve the dispute. As part of these good faith negotiations, if Warehut requests a telephone conference with you to discuss your dispute, you agree to personally participate, with your attorney if you are represented by counsel. Similarly, if you request a telephone conference to discuss Warehut' dispute with you, Warehut agrees to have one representative participate.

This informal process should lead to the resolution of the dispute. However, if the dispute is not resolved within 60 days after receipt of a fully completed Notice and the parties have not otherwise mutually agreed to extend this informal dispute resolution period, you or Warehut may initiate arbitration (subject to a party's right to elect small claims court as provided below). Completing this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failing to do so is a breach of this agreement. The statute of limitations and any filing fee deadlines will be suspended while you and Warehut engage in this informal dispute resolution process. Unless prohibited by applicable law, the mutually agreed arbitration provider must not accept or administer any demand for arbitration and will administratively close any arbitration unless the party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied.

The parties are to mutually agree on the arbitration procedures and protocols before any arbitration commences.



  1. GOVERNING LAW


To the fullest extent allowable by law, the laws of the State of California shall apply to any Dispute arising out of or relating to this Agreement or our Services.



  1. VENUE/FORUM SELECTION


Except where prohibited by law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Warehut that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in California, USA. You and Warehut consent to the exercise of personal jurisdiction of courts of California, USA and waive any claim that such courts constitute an inconvenient forum.



  1. INDEMNITY BY YOU


You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Warehut, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.



  1. ACCEPTANCE OF TERMS


By using our Services in any way you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and (iii) any safety guidance or recommendations available on our website or App. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.



  1. ENTIRE AGREEMENT


These Terms and the Privacy Policy constitute the entire agreement between you and Warehut regarding the use of our Services, and supersede all previous agreements, representations, and arrangements between us, whether written or oral. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Warehut's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You agree that your Warehut account is non-transferable and that upon your death, your rights to your account and its content will be terminated, unless otherwise provided by law. You may not transfer or assign any rights or licenses granted under these Terms, but we may assign them without restriction.