Last Updated: January, 2021

Voxy EnGen, Inc. (“Voxy,” “EnGen,” or “us”), welcomes you to its website, www.voxyengen.com, and any and all applications or mobile applications offered by Voxy EnGen, Inc. (the “Site”). Use of the Site is subject to the following Terms of Use (“Terms”), together with the Privacy Policy.

1. Acceptance of Terms of Use

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content. These Terms exist in English and other translations. In the event of inconsistencies between versions, the English version will prevail.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS SERVICES AND CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND VOXY ENGEN’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

2. Changes to the Terms of Use

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.

Voxy EnGen may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that Voxy EnGen may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.

3. Permitted Users of the Site

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.

The Site is directed to persons 13 years of age or older. Voxy EnGen and the Site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to Voxy EnGen on the Site or offline. If you provide information to Voxy EnGen through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe Voxy EnGen may have inadvertently collected personal information from your child, please notify Voxy EnGen immediately by sending an email to: legal@voxyengen.com detailing the basis of your belief and your request.

4. Privacy Policy

Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

5. Site Content and Services

On, through or in connection with the Site, we may offer contextual lessons, quizzes, games, questions, practice exercises and similar services designed to help users learn new languages and enhance their foreign language proficiencies (the “Services”). We also provide content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Voxy EnGen, its licensors, or other content providers.

The Content and Services are made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

Special terms may apply to some products, services or features offered on the Site, or to any events, promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, “Activities”) that may be offered on the Site or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

6. Error, Inaccuracies, and Omissions

Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of Voxy EnGen or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to Voxy EnGen.

7. Modifications, Suspension and Termination

Voxy EnGen reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services, Content or Activities, or any portion or portions thereof, with or without notice. You agree that Voxy EnGen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services, Content or Activities for more than the pro rata amount remaining for your Subscription.

Voxy EnGen reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, Content, Activities or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Voxy EnGen shall not be liable to you or any third party for any such suspension, discontinuance or termination for more than the pro rata amount remaining for your Subscription.

8. Registration and Your Personal Information

Some areas of or benefits provided by the Site may require you to register an account with us or create an account using third-party sign on services (e.g., Facebook Connect) and provide us with certain information including but not limited to your name, valid email address, mailing address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.

When you register to open an account on a Site, you will be required to provide a legal name, valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Voxy EnGen of any unauthorized use of your password or account or any other breach of security. Voxy EnGen is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:

Register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person; register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or have more than one user account.

If you schedule a live class with a teacher, we may film or photograph portions of the class with notice to you at the time. By remaining in the class when such filming or photography is going on, you consent to the use of your name, voice, likeness, and any biographical facts that have been provided to us for any and all purposes by us, including without limitation for advertising, publicity, marketing, and promotional uses. In addition, by remaining in the class, YOU RELEASE VOXY ENGEN, ITS EMPLOYEES, CONTRACTORS, LICENSEES AND ASSIGNS, FROM ANY LIABILITY OF ANY KIND WHATSOEVER IN CONNECTION WITH SUCH FILMING OR PHOTOGRAPHY OR ANY USE IN ANY WAY OF THAT FILMING OR PHOTOGRAPHY.

9. Subscriptions, Free Trials & Payments

(a) Subscription

i. The Site may offer certain Services and/or Content from Voxy EnGen, third parties, or both for corresponding fees and require you to purchase a subscription for a period of time as specified during sign-up thereto (collectively a “Subscription”). Your Subscription, which may start with a Free Trial (as defined below), a price promotion, or both, will automatically continue on a Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it.

ii. Voxy EnGen may offer special promotions with differing conditions and limitations. Any materially different terms from those described in the Terms of Use will be disclosed at sign-up or other communications made available to you.

(b) Free Trials

i. Your Subscription may start with a Free Trial. The free trial period of your Subscription lasts for seven (7) days, or as otherwise specified during sign-up (“Free Trial”). Free trials may not be combined with any other offers unless Voxy EnGen indicates otherwise at sign-up. You understand that you are restricted to a one-time use of a Free Trial. Any subsequent use of a Free Trial may result in the immediate termination of any associated Subscription without notice. If you improperly obtain a Free Trial, we reserve the right in our sole discretion to charge any Payment Method (as defined below) you may have provided us for the Subscription that was obtained improperly. Voxy EnGen reserves the right, in its absolute discretion, to determine your Free Trial eligibility.

ii. At the end of your Free Trial, we will begin billing your Payment Method for Subscription fees according to the billing method selected at sign up. If you cancel prior to the end of the Free Trial period, your Payment Method will not be charged and you will no longer have access to the Subscription. You will not receive a notice from us that your Free Trial period has ended or that the paying portion of your Subscription has begun.

iii. You may cancel your Free Trial at any time during the Free Trial period without charge. To cancel your Free Trial you can send an email request, along with your reason for cancellation, to cancel@voxyengen.com. Voxy EnGen will make reasonable efforts to process cancellation requests within two business days from its receipt of the cancellation request.

(c) Billing

i. Payment Methods. In connection with any and all Subscriptions that you select to purchase you must provide us with a current, valid, accepted method of payment, which may change from time to time (“Payment Method”). All Subscription purchases are subject to the Terms of Use and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any Subscription, you hereby authorize Voxy EnGen to debit the total cost of said Subscription and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Voxy EnGen, or otherwise in connection with Voxy EnGen efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. We reserve the right to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate, in our sole discretion.

ii. Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be paid in a single up front payment while other subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single up front payment, the total Subscription fee is due and payable to Voxy EnGen immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.

iii. Automatic Renewal. In order to provide continuous service, Voxy EnGen automatically renews all Subscriptions on the date the Subscription expires.
Such renewals will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single up front payment or an installment basis. By enrolling in a Subscription, you agree that your Subscription will be subject to the above described automatic renewals. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional offer and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled. We will send you a renewal notice at least thirty (30) days before your Subscription expires.

IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY sending an email request, along with your reason for cancellation, to cancel@voxyengen.com. Voxy EnGen will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request.

10. Refund Policy & Cancellation

(a) Refunds

Subscriptions are eligible for a full refund if the refund request is received by Voxy EnGen within (i) 30 days of your initial payment or (ii) 30 days of your first automatic renewal payment. All refund requests should be sent to cancel@voxyengen.com and be accompanied by a reason for the refund request.

After we have received and processed your refund request, a refund in the amount of your initial payment or first renewal payment will be made to the payment method used for to purchase the Subscription, except for those payments made with bank or wire transfers, in which cases the refund shall be made manually by a personal check. There will be no refunds for Subscriptions regardless of user satisfaction if (i) a refund request is received over 30 days from your initial payment, or (ii) a refund request is received over 30 days from your first automatic renewal term.

(b) Cancellation

You may cancel your Subscription at any time by sending an email request, along with your reason for cancellation, to cancel@voxyengen.com.
Voxy EnGen will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request. Except as otherwise provided in these Terms, you will not receive any refund for your Subscription and certain termination fees may apply.

(c) Early Termination

Any cancellation requests received over 30 days from your initial payment or your first automatic renewal term and before the end of your Subscription will be considered an Early Termination. If you elect an Early Termination for a Subscription that is paid on an installment plan, you will be charged for (i) all payments due prior to cancellation and (ii) an eighty (80) USD early termination fee. Any installment payments due after cancellation will not be charged to you. If you purchase a Subscription that is paid in full there will be no refund or credit for the unused Subscription period, however you will not be charged an early termination fee.

11. Proficiency Guarantee

Voxy EnGen guarantees improved proficiency for all Users that (i) sign up for a twelve (12) month course (ii) practice a minimum of three (3) hours per week for each week of a 12-month course and (iii) use all Private Class Credits provided with the Subscription. A user that does not experience an improved proficiency score will be granted a one time subsequent twelve (12) month course for free. Improved proficiency is measured by Voxy EnGen proprietary exam, the “Voxy Proficiency Assessment.” Test scores from third party sources will not be considered a valid measurement of proficiency improvement.

12. Live Instruction and Private Class Credits

In connection with the Site and subject to certain restrictions, such as a Subscription purchase, you may be able to purchase or be may be provided with live Private Class Credits (“Credits”) to schedule a private class with a live teacher. All Credits expire one year from the date of purchase and are subject to the requirements set forth in Section 10 of these Terms. You may cancel a scheduled private class up to 24 hours before the class start time and receive a full refund in Class Credits. No Credit refund will be provided for a cancellation made less than 24 hours before the class start time. These Credits are not transferrable in any way and are not recognized as academic credits that may be used with any other educational provider.

13. Permitted Uses

You may use the Site, Content and Services for lawful, non-commercial purposes only. You may not use the Site, Content or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Content, or Services. You may not attempt to gain unauthorized access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services;

Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services;

Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;

Reformat or frame any portion of the web pages that are part of the Site or the Services;

Create user accounts by automated means or under false or fraudulent pretenses; or

Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

14. Postings and Comments

The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and Voxy EnGen (collectively, “Submissions”). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to Voxy EnGen and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner;

defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;

upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

If you post content or submit material, you grant Voxy EnGen and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Voxy EnGen and its affiliates the right to use the name that you submit in connection with such content in our sole discretion. Voxy EnGen will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content and Services that may appear in our Site or our operations. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.

Voxy EnGen may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Voxy EnGen does not necessarily endorse any opinion or statement contained in any submission.

15. Group Classes Code of Conduct

As a learner participating in Voxy EnGen’s group tutoring sessions, in addition to the other provisions of these Terms, you agree to be respectful of the tutor and your fellow learners by following this code of conduct:

You arrive to the class on time and stay for the entirety of the class.

You mute yourself when you’re not speaking so background noise doesn’t interrupt the class.

If another learner or the teacher is speaking, you allow him/her to finish before speaking.

You allow others to have equal opportunity to speak in the class.

You do not use language that makes others uncomfortable, i.e. profane, sexually suggestive, rude or violent language.

You do not make disrespectful comments about race, religions or countries.

You wear appropriate attire in the class, i.e. a shirt, pants or other appropriate clothing.

Your cell phone is turned off or set to vibrate so you and your fellow participants are not distracted during the class.

The classroom is a place to learn and practice English so please only use English during classes for both speaking and writing.

16. “Like” Voxy ENGEN on Facebook

We invite you to “like” Voxy EnGen on Facebook. On our page, you can learn about upcoming events, see photos, and have discussions with others who like Voxy EnGen. When you visit our Facebook page, please keep the following guidelines in mind:

We encourage you to participate in existing discussions and to start new discussions with other Voxy EnGen fans. Please be polite, even if you disagree with things that have been posted. Personal attacks, offensive remarks, and foul language are not appropriate.

We encourage you to contribute relevant comments to the discussion. Postings that are off-topic or consist of spam or promotional postings may be removed.
All postings on the Voxy EnGen wall and in the Discussions area should be made by actual identifiable people. Postings from obviously fake or anonymous profiles may be deleted.
Voxy EnGen is not liable for anything posted on the Voxy EnGen Facebook page by a third party. When you access our Facebook page, you do so at your own risk.
Voxy EnGen reserves the right to remove any user-generated content from its Facebook page for any reason.

17. Follow Voxy ENGEN on Twitter

We invite you to follow Voxy EnGen on Twitter and have a dialogue with us. We welcome your thoughts and replies on anything related to Voxy EnGen, and will do our best to reply to any general comments or questions. Many of the people associated with Voxy EnGen may use Twitter and other social networks. Unless a particular Twitter account is identified on this page: @voxyengen, it is not an official Voxy EnGen Twitter profile. We encourage you to begin or contribute to conversations using replies. However, we will not reply to any replies that are off-topic, contain personal attacks, or foul language. When you access any official Voxy EnGen Twitter profile page, you do so at your own risk. We do not guarantee the accuracy of anything posted by any Voxy EnGen Twitter account. Nothing in any Twitter communication initiated by a Voxy EnGen Twitter account constitutes a binding representation, agreement, or endorsement on the part of Voxy EnGen.

18. Proprietary Rights

You acknowledge and agree that, as between Voxy EnGen and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Voxy EnGen or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services, whether modified or unmodified.

COPYRIGHT

The Site and all Services and Content, including any and all copyrights therein, is the property of Voxy EnGen or its affiliates, suppliers, vendors, merchants, licensors, or other partners and is protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as expressly authorized by Voxy EnGen in writing.

TRADEMARKS

The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to Voxy EnGen or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Voxy EnGen by the respective trademark owners, or by Voxy EnGen of the respective trademark owners. Without limitation, the Marks include VOXY ENGEN trademarks registered in the United States Patent and Trademark Office and owned by Voxy EnGen.

PATENTS

One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of Voxy EnGen or its affiliates, suppliers, vendors, merchants, licensors, or other partners.

20. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

Voxy EnGen in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to Voxy EnGen a notice containing the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);

your name, address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, Voxy EnGen can be reached by sending a claim to:

Attn: Copyright Agent
Voxy EnGen, Inc.
7200 Wisconsin Avenue, Suite 500
Bethesda, MD 20814
USA

21. Links to Other Websites

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Voxy EnGen, which is not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply Voxy EnGen endorsement of information, material, products or services of any other party or any other website, or by any other party of Voxy EnGen. Voxy EnGen disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Voxy EnGen is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

22. User Representations and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with the Term of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

23. User Indemnity of VOXY ENGEN

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VOXY ENGEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR VOXY ENGEN, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR VOXY ENGEN; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF VOXY ENGEN OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user SUBMISSIONS.

24. Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VOXY ENGEN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

VOXY ENGEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. VOXY ENGEN MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXY ENGEN DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF VOXY ENGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VOXY ENGEN’S LIABILITY EXCEED TOTAL FEES PAID TO VOXY ENGEN IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”

25. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is: Voxy EnGen, Inc. 7200 Wisconsin Avenue, Suite 500, Bethesda, MD 20815 USA. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to legal@voxy.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210

26. Choice of Law and Dispute Resolution

You agree that any dispute between you and Voxy EnGen arising out of or relating to these Terms of Use, the Privacy Policy, the Site, Services or Content will be decided only by arbitration, individually, and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint”, or “representative” litigation (including in any “private attorney general capacity”) against Voxy EnGen. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The laws of the State of New York, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. The arbitration tribunal shall consist of one (1) arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitrator shall have the authority to impose equitable and injunctive relief, as well as to award monetary relief, as the arbitrator deems appropriate. Any arbitration will be administered by the American Arbitration Association, using its Commercial Arbitration Rules, and will take place in the State, City and County of New York, USA, and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

27. Control of Site

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Voxy EnGen does not represent that the Site, Services or Content is appropriate outside the United States of America. Voxy EnGen reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.

28. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and Voxy EnGen shall not be liable to you or any third party for any such termination. In the event we so terminate your account, we will not render, you are not entitled to, and you hereby waive any and all right to receive a refund of any fees paid to Voxy EnGen or any portions thereof. Further, you agree not to attempt to use the Site and/or the Services or Content after any such deletion, deactivation or termination. You may terminate your Voxy EnGen account at any time by contacting the address at the end of these Terms of Use; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your purchased Services or Content or entitle you to a refund of any payments remitted to Voxy EnGen.

29. Miscellaneous

The Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Voxy EnGen to exercise or enforce any right or provision of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy without the prior written consent of Voxy EnGen, and any assignment or transfer in violation of this provision shall be null and void. Voxy EnGen reserves the right to seek all remedies available at law and in equity for violations of these Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy set forth on the Site, including without limitation the right to block access from a particular internet address. The relationship between you and Voxy EnGen is one of independent contractors. Neither you nor Voxy EnGen will represent that you or it has any authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity, except as specifically provided herein.

30. Questions?

If there are any questions regarding these Terms, you may contact us using the information below.

Voxy EnGen, Inc.
7200 Wisconsin Avenue
Bethesda, MD 20815
USA