TERMS OF SERVICES
PLEASE READ THIS AGREEMENT CAREFULLY
Thank you for visiting Samimli.com (“Samimli”). This agreement (this “Agreement” or these “Terms and Conditions”) governs your use of this website (“Site”, and together with the services, features and content provided through the Site, the “Service”). If you are not satisfied with the terms contained in this Agreement, you may simply refrain from using this Site or the Service.
SAMIMLI WEBSITE TERMS AND CONDITIONS
The following terminology applies to these Terms and Conditions: “We”, “us” and “our” refer to Samimli. “User”, “you” and “your” refers to you, the user, or site visitor. “Designer” refers to designer users of Samimli. “Build Partner” refers to project managers, architects, contractors and sub-contractors who use Samimli’s platform. “Terms” refers to these Terms and Conditions. “Content” refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By your continued use of the Site, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at info@Samimli.com. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site.
PLEASE NOTE: THESE TERMS IN THE “DISPUTE RESOLUTION” SECTION CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND SAMIMLI ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1. DESIGN SERVICES
The Site is a communications platform for enabling connections between Users and Designers. Those certain design services requested by Users, which are to be completed by Designers, are hereinafter referred to as “Design Services.” Samimli does not take part in the Design Services interaction between Users and Designers. Samimli does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work provided by Designers or 3rd party vendors User may contract directly with, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users or Designers. Samimli makes no representations about the suitability, reliability, timeliness, or accuracy of the Design Services requested and provided by Designers identified through the Site whether in public, private, or offline interactions. Users contract for Design Services directly with Designers. Samimli will not be a party to any contracts for Design Services. Samimli facilitates contracts by supplying a medium for the exchange of money.
Samimli cannot confirm that each Designer is who they claim to be. Samimli does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Designers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER SAMIMLI NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY DESIGNER. SAMIMLI AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE DESIGN SERVICES.
RELEASE FOR THE DESIGN SERVICES
The Site is only a venue for connecting Users and Designers. Because Samimli is not involved in the actual contact between Users and Designers or in the completion of the Design Services, in the event that you have a dispute with one or more Users or Designers, you release Samimli (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Samimli expressly disclaims any liability that may arise between Users of its Site, including Designers.
2. BUILD PARTNER SERVICES
The Site is a communications platform for enabling connections between Users and Build Partners. Those certain Build Partner services requested by Users, which are to be completed by Build Partners, are hereinafter referred to as “Build Partner Services.” Samimli does not take part in the interaction between Users and Build Partners. Samimli does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work provided by Build Partners, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users or Build Partners or any subcontractors employed by a Build Partner. Samimli makes no representations about the suitability, reliability, timeliness, or accuracy of the Build Partner Services requested and provided by Build Partners identified through the Site whether in public, private, or offline interactions. Users contract for Build Partner Services directly with Build Partners. Samimli will not be a party to any contracts for Build Partner Services.
Samimli does not directly perform architectural, home improvement, contractor or construction services. Samimli is not licensed, bonded or insured to directly perform architectural, home improvement, contractor or construction services. Samimli makes no express or implied guarantees, warranties or representations with respect to any architectural, home improvement, contracting or construction services provided by any Build Partner.
Samimli does not exclusively endorse or recommend the services of any particular Build Partner or service professional. Samimli cannot and does not make any guarantees, warranties or representations to Users regarding the workmanship, skills, job quality, or the price the Build Partner may charge. Samimli specifically disclaims any warranty, representation or guarantee with respect to the quality, safety, legality or other characteristics of any Build Partner Services, as well as the conduct of any Build Partner in connection with such services. Samimli shall have no responsibility or liability for any direct agreements or transactions between Build Partner, User, or any third party.
Samimli cannot confirm that each Build Partner is who they claim to be. Samimli does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Build Partners, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER SAMIMLI NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY BUILD PARTNER. SAMIMLI AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE BUILD PARTNER SERVICES.
RELEASE FOR BUILD PARTNER SERVICES
The Site is only a venue for connecting Users and Build Partners. Because Samimli is not involved in the actual contact between Users and Build Partners or in the completion of the Build Partner Services, in the event that you have a dispute with one or more Users or Build Partners, you release Samimli (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Samimli expressly disclaims any liability that may arise between Users of its Site, including Build Partners.
4. USE OF THE SITE
Subject to the Terms, Samimli hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by Samimli in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Samimli in advance and in writing. Samimli reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Samimli believes that your conduct violates applicable law or is harmful to Samimli’s interests.
Samimli may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and Samimli has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Samimli of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
5. MOBILE/WIRELESS/TELEPHONE POLICY
By providing your phone number and using the Service, you hereby affirmatively consent to our use of your phone number for calls and/or texts if required by Samimli in order to offer, perform improve upon Services. Samimli will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Samimli, or its service providers be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive Samimli text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to us. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS-IS” basis. Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. You may opt-out of receiving text messages from us by emailing info@Samimli.com.
By providing Samimli your email address you consent to our using the email address to send you service-related communications such as emails, newsletters, special promotional offers and other communications from Samimli. You also consent to receiving notices, including any notices required by law, in lieu of communication by postal mail. By providing your email, you also hereby affirmatively consent to our use of your email for the purposes of introducing you to Samimli Service Providers should you have requested Services. We may also use your email address to send you other messages, such as updates, improvements, or changes to the terms and conditions of the site or our services. If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link in the email. Opting out or unsubscribing from our emails may prevent you from receiving email messages from Samimli and special promotions or the referral program offered to Users.
Samimli cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your email address and personal information at your own risk.
7. USER SUBMISSIONS
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other Users (“User Submissions” or “User Generated Content”). You understand that whether or not such User Submissions are published, Samimli does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content, including photographs, on or through the Site, you hereby grant Samimli a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Samimli’s (and its successors and assigns) business, including without limitation, for promoting and redistributing part or all of the Site or Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to Samimli does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
You shall not (a) send or otherwise post unauthorized commercial communications (such as spam) on the Site or through the Service, (b) engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site or through the Service; (c) solicit login information or User IDs or access an account belonging to someone else; (d) imply or state that any statements you make are endorsed by Samimli, without the prior written consent of Samimli, or (e) facilitate or encourage any violations of these Terms.
Content provided on this Site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of Samimli. Product representations expressed on this Site are not made by Samimli.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that Samimli has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release Samimli and its officers, directors, employees, agents, representatives and present and future affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
Samimli reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to, copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Samimli also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Samimli assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
9. NO SOLICITATION
The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Designers or Build Partners for employment, contracting, or any other purpose not related to the Service facilitated through Samimli, except as provided for in this Agreement. For a period of three (3) years after introduction, Client agrees to not circumvent Samimli in dealing with Platform Designers or Platform Build Partners and to not to retain any Platform Designer or Build Partner directly without Samimli’s express, written consent.
You may not use the Service to collect usernames and/or email addresses of Users, Designers or Build Partners by electronic or other means without the express prior written consent of Samimli.
10. BILLING AND PAYMENT POLICY
For all purchases and payments, fees or expenses associated with the Service, unless User uses a Gift Card as described below, Samimli will charge User’s payment card according to the amount agreed upon between User and Samimli, and User hereby authorizes Samimli, or its third-party payment processors, to charge its payment card for such amounts. For certain Services, Samimli may allow the use of check or wire transfer for payment. Samimli retains the right, in its sole discretion, to place a hold on any payment for the Service.
Samimli has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Samimli, in each case at Samimli’s sole discretion.
Users may share relevant payment card information through the Site in order to make purchases through the Service. We use a third-party payment processor to manage and process payments you make through the Service. Additional payment terms may be set by the third-party payment processor. The actual payment will not be completed until a third-party payment processor processes a Users’ payment. Delay is possible. The third-party payment processor shall store relevant payment information until directed to complete the transaction.
By using the Site, you expressly authorize (i) the third-party payment processor to collect your payment information and access your transactions on the payment processor platform; (ii) the payment processor to exchange and process merchant data and your data with the third-party payment processor; and (iii) the third-party payment processor to exchange and process merchant and your data worldwide, internally or through a third party service provider, in each case as necessary to enable us to provide the Design Services.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR ALL ORDERS PLACED AND ALL PAYMENTS MADE THROUGH THE SERVICES. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). If the third-party payment processor does not receive payment from you for a purchase you make through the Services, you agree to pay all amounts due by you upon demand.
User will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Samimli’s income).
16. CONFIDENTIAL INFORMATION
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Samimli and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Samimli in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Samimli upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Samimli’s trade secrets, confidential and proprietary information and all other information and data of Samimli that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, contractual agreements, including any contractual payment amounts and payment terms and all content therein for Design Services or Build Services, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. DISCLAIMER AND LIMITATION OF LIABILITY
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH USERS GAIN ACCESS TO THE SERVICES; (II) THE CONTENT OR PRODUCTS YOU ACCESS VIA THE SERVICES; OR (III) HOW YOU MAY INTERPRET OR USE THE CONTENT OR PRODUCTS.
YOU ACKNOWLEDGE AND AGREE THAT SAMIMLI IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD SAMIMLI, ITS PRESENT AND FUTURE AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE, MISUSE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, DESIGNER OR BUILD PARTNER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SAMIMLI OR ITS PRESENT AND FUTURE AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SAMIMLI ON AN “AS IS” BASIS. SAMIMLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAMIMLI (AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS) DISCLAIM ALL WARRANTIES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SAMIMLI DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMIMLI (AND ITS PRESENT AND FUTURE AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR SAMIMLI SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SAMIMLI OR ITS PRESENT OR FUTURE AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SAMIMLI DURING THE MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.
SAMIMLI DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “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 must have materially affected his settlement with the debtor.”
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
You hereby agree to indemnify, defend, and hold harmless Samimli, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and present and future affiliates from and against any and all claims, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use, misuse or inability to use the Service, violation of these Terms, or infringement by you (or any third party using your account or identity in the Services) of any intellectual property or other right of any person or entity. Samimli reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will assist and cooperate with us in asserting any available defenses. You will not, in any event, settle any claim or matter without the written consent of Samimli.
19. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Jordan