7C Lingo, LLC (“7C”) provides a multiproduct suite of language services, including foreign language translation, braille translation, interpretation, interpretation training, consulting, concierge, and other language services (collectively the “Services”). This Terms of Service Agreement (“Agreement”) will govern your access to and use of the https://7clingo.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (the “Site”). You agree that when you access or use the Site, you will do so subject to this Agreement.

DO NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.

In addition to other features, the Site allows customers to request and manage Services from 7C. When you request Services, you may be required to complete an Interpretation Request Form or a Client Agreement, which will govern the specifics of the requested Services; however, in all instances, the general terms set forth in the section titled “General Service Terms” apply to all Services provided by 7C.

In addition to other features, the Site allows customers to request and manage Services from 7C. When you request Services, you may be required to complete an Interpretation Request Form or a Client Agreement, which will govern the specifics of the requested Services; however, in all instances, the general terms set forth in the section titled “General Service Terms” apply to all Services provided by 7C.

For individual users of the Site, you represent and warrant that you are 18 years old or older, and you recognize and agree that you must be 18 years old or older to be an individual user of the Site.

To access certain portions of the Site and receive Services, you may be asked to register to create an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. 7C reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You will be asked to create a password when you create your Account. 7C does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify 7C if you become aware of any unauthorized use of your Account. As part of the Account creation process, you may be required to name an individual with the authority to act on behalf of an entity user. If you are an entity, you acknowledge that such named individual has authority to bind your entity on all matters related to the Service, including pricing.

See 7C’s Privacy Policy for information and notices concerning 7C’s collection and use of your personal information and the Account content that you submit. The Privacy Policy is incorporated into this Agreement.

The Site and the content provided by 7C through the same, including trademarks and copyrightable text, are protected by copyright, trademark and other laws of the United States and foreign countries and are proprietary designations of 7C. You acknowledge and agree that the Site is the exclusive property of 7C. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Site.

As between you and 7C, all account content containing personally identifiable information is and remains the sole and exclusive property of you. 7C will own all other data and non-personally identifiable information.

By making available any Account or other content containing personally identifiable information on or through the Site or otherwise, you hereby grant to 7C a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and license to access, use, view, copy, adapt, reformat, and download, such content for the limited purpose of making such content available to you and those persons utilized by 7C to provide the Services to you.

If you are receiving Services, then you agree to the following:

• a. You agree that you will not during the period beginning on the date that Services are first provided and ending two (2) years thereafter, directly or indirectly, solicit, hire, retain or recruit any person who: (A) provides services that include or are similar to the Services, (B) is then an employee or independent contractor of 7C or was an employee or independent contractor of 7C within twelve (12) months prior to such solicitation, hiring, retention or recruitment, and (C) was introduced or made known to you by 7C. If you violate this provision, then you shall promptly pay 7C the fees (as set forth in the applicable pricing documentation) that 7C would have received if you had engaged 7C to provide such Services. The parties agree that sums payable hereto constitute liquidated damages and not penalties and are in addition to all other rights of 7C.
• b. 7C does not store or provide a backup of Services provided. For example, 7C does not store translation transcripts or make recordings of translations or other language services. You are solely responsible for retaining the original records related to the Services provided and 7C has no obligation to provide or retain copies thereof.
• c. You acknowledge that 7C is not providing any guarantee of privacy and that you authorize the disclosure of all information, including confidential information and protected health information, to 7C’s independent contractors as necessary or appropriate for such independent contractors to provide the requested Services, including protected health information. You are solely responsible for editing or removing any such confidential information in materials or information provided by you to 7C if you do not want that information disclosed by 7C to its independent contractors to perform the Services.

You agree not to do any of the following:

• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any law;
• Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s privacy or any rights of publicity, or any patent, copyright, trademark or other intellectual property rights, (ii) violates, or encourages any conduct that would violate, any law or give rise to civil liability, (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, vulgar or offensive, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any person, or (vi) is violent or promotes violence;
• Use or display any individual element within the Site without 7C’s express written consent;
• Attempt to probe, scan or test the vulnerability of any 7C system or network or breach any security or authentication measures;
• Use the Site to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam or other form of solicitation;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site.

If you breach this Agreement, 7C will have the right to suspend or disable your Site access or terminate this Agreement and disable access, as applicable. Additionally, 7C reserves the right to revoke your access to and use of the Site at any time, with or without cause.

THE SITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,7C EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 7C MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 7C MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 7C, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO OR USE OF THE SITE, (II) ANY USE OF THE SITE FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT, OR (III) ANY ACT OR OMISSION BY YOU THAT CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER 7C NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL 7C’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNTS YOU HAVE PAID TO 7C FOR SERVICES WITHIN THE SIX MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THIS AGREEMENT.

This Agreement and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. Venue for any dispute related to this Agreement, the Site, CareLog or Agency Portal will be in Ingham County, Michigan Circuit Court or the Federal U.S. District Court for the Western District of Michigan.

This Agreement constitutes the entire and exclusive understanding and agreement between 7C and you regarding the Site, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between 7C and you regarding the Site. There are no third party beneficiaries.

You may not assign or transfer this Agreement, by operation of law or otherwise, without 7C’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. 7C may transfer or assign this Agreement at its sole discretion.

The failure of 7C to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 7C.