Terms of use

Welcome to our website.  Please review these terms, which govern your use of this website (the “Website”).  In these terms, “we” or “us” refers to Binarly Inc., and “you” and “your” refer to the user/viewer of the Website. 

By using the Website, you agree to be bound by these terms, you acknowledge and accept our Privacy Policy found at www.binarly.io/privacy, and consent to the collection and use of your data in accordance with the Privacy Policy. 

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.

IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE.

Website Content.  This Website may contain information, advice, text, and other materials that are provided for your convenience in determining whether or not to engage in a business relationship with us. Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication.  All content included on this Website is and shall continue to be the property of Bianrly Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. Without our prior written permission, you may not copy, reproduce, republish, upload, post, transmit, modify, display or prepare derivative works based upon the materials on this Website. Modification of the materials or use of the materials for any other purpose may violate our (or third party) copyright and other proprietary rights.

Use of Software and Services.  These terms only apply to the viewing and use of information on this Website, they do not apply to products or services provided by us (through this Website or otherwise).  Products and services provided from or as a result of requests made through the Website are subject to product or service agreements which must be entered into with use.  

Use of Website; Communications.  We do not want to receive confidential or proprietary information from you through this Website. Any communication through this Website will be considered non-confidential and non-proprietary.  We will be free to copy, disclose, distribute, incorporate and otherwise use the communications for any and all commercial or non-commercial purposes.  

Privacy Policy. Information that you submit to us for the purpose of receiving products or services will be handled in accordance with our privacy policy, which can be found at www.binarly.io/privacy.  

Dealings With Third Parties.  The Website may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, products, or other materials on or available from such sites or resources. We are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such Website or resource.

DISCLAIMER THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these terms that directly conflict with such laws may not apply to you.

Choice of Law and Forum.  These terms and the relationship between both of us shall be exclusively governed by the laws of the United States and the State of California without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the Los Angeles, California, U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief. 

Severability. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect.

Modifications To Website; Modification Of These Terms.  We reserve the right to make changes to this Website and to these terms at any time.  Any such modifications will become effective upon the date they are first posted to this Website. Your continued use of the Website constitutes your agreement to be bound by such changes to these terms.

Questions of Additional Information. If you have a question regarding using the Services, you may contact our Customer Support by sending an e-mail to [email protected]

Last Update: December 1st, 2024