Terms of Use

This Terms of Use agreement is effective as of 1 June 2022

1 ACCEPTANCE

1.1 Welcome to the NoFearBear platform (the "Website"). Please read the following Terms of Service carefully before using this Website or opening a NoFearBear account ("Account") so that you are aware of your legal rights and obligations with respect to Zehoe Solutions (M) Sdn. Bhd. (Company Registration No.202201019628 (1465325-H)) and its affiliates and subsidiaries (individually and collectively, "NoFearBear ", "we", "us" or "our"). The "Services" we provide or make available include (i) the Website bearing the domain www.nofearbear.com and any other related microsites and / or mobile or web applications owned and operated by NoFearBear which may or may not be of similar names, (ii) the services provided by the Website and by NoFearBear client software made available through the Website , and (iii) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Website or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by NoFearBear.

1.2 The Services include an online platform service that provides online transactions between those users of the Website who are offering services (each, a 'Service Professional') and those users of the Website who are obtaining services (each, a 'Service User'). NoFearBear is not itself a Service Professional or a Service User. The actual contract for sale is directly between Service User and Service Professional and NoFearBear is not a party to that or any other contract between Service User and Service Professional and accepts no obligations in connection with any such contract.

1.3 Before becoming a User of the Website , you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 NoFearBear reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use, the Policy, and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes.

1.5 If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

2 SITE ACCESS

2.1 Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law.

2.2 Your Account may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations in Malaysia.

2.3 You are or intend to be either a Service Professional or Service User.

2.4 All registration or other information that you are required to submit in order to gain full use of the Website for your intended purpose as a Service Professional or Service User is true and accurate and that you will maintain the accuracy of such information.

2.5 Your use of the Website and Services offered through this Website do not violate any applicable law or regulation which you are subject to.

2.6 You agree to make payment, if required, for any Services requested through the use of the Website (if any)

2.7 You will not copy, distribute, or make derivative works of the Website in any medium without NoFearBear's prior written consent.

2.8 You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes.

2.9 You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without NoFearBear's prior written approval;

2.10 You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site;

2.11 You shall not in any way that transmits more request messages to the NoFearBear servers, or any server of a NoFearBear subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. NoFearBear reserves the right to revoke these exceptions either generally or in specific cases;

2.12 You shall not recruit, solicit, or contact via any medium, any Service Professionals or Service Users for employment or contracting for a business not affiliated with NoFearBear without prior, written authorisation from NoFearBear.

2.13 You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website , nor to use the communication systems provided by the Website for any commercial solicitation purposes

3 ACCOUNTS AND SECURITY

3.1 You may generally use and browse the Website without registering or providing your personal details. However, in order to access and utilize the full facilities and features of the Website , you may be required to create an Account. To create an Account, you must provide and submit your name, email address and / or create a Password.

3.2 You are solely responsible for safeguarding your NoFearBear password ('Password') and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify NoFearBear immediately of any breach of security or any unauthorized use of your Account.

3.3 You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website .

3.4 You hereby acknowledge and agree that NoFearBear will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding, you may be liable for the losses of NoFearBear or others due to such unauthorized use.

4. Prohibitions on Content, Messages and Services

4.1 You agree not to:

  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
  3. misrepresent the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Service Professionals, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
  4. invade anyone's privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
  5. damage NoFearBear or any third party with materials that contain falsehoods or misrepresentations.
  6. upload, post, transmit or otherwise make available any Content that is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
  7. upload, post, transmit or otherwise make available any Content that is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant NoFearBear all of the license rights granted therein;
  8. upload, post, transmit or otherwise make available any Content that is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
  9. intend to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;
  10. advertise or solicit a business not related to or appropriate for the Website (as determined by NoFearBear in its sole discretion);
  11. contain or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  12. contain advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  13. distribute or contain viruses or any other technologies that may harm NoFearBear, or the interests or property of NoFearBear users;
  14. contain links to commercial services or websites, except as allowed pursuant to the Terms of Use;
  15. contain identical content to other open Postings you have already posted, or use any form of automated device or computer programme that enables the submission of Postings without the express written consent of NoFearBear.

4.2 You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize NoFearBear to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content
  2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
  3. you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

5. VIOLATION OF OUR TERMS OF SERVICE

5.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  1. Listing deletion
  2. Limits placed on Account privileges
  3. Account suspension and subsequent termination
  4. Criminal charges
  5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

5.2 If you believe a User on our Website is violating these Terms of Service, please contact hello@zehoe.com

6. Service Professionals

6.1 By signing up, registering or creating an Account on the Website as a Service Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.

6.2 As a Service Professional, you represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Service Professional and your acceptance of the Terms of Use will be deemed an acceptance by that Service Professional.

6.3 Service professionals shall not:

  1. list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering
  2. misrepresent the location at which they will provide a Service
  3. include brand names or other inappropriate keywords in their Profile, title or an posting or submission made
  4. use misleading titles that do not accurately describe the Service
  5. include any information in their Profile that is fraudulent or otherwise incorrect
  6. do anything to circumvent or avoid any fees that NoFearBear may charge
  7. use their Profile or in any way promote services or products not offered through the Website or any prohibited services
  8. promote any website, service, product, party or anything not directly related to their Service or otherwise prohibited by NoFearBear in its sole discretion from time to time
  9. solicit users or any person to pay or do anything not specifically permitted by these Terms of Use or by NoFearBear as it may in its sole discretion determine from time to time
  10. do anything that contravenes these Terms of Use, the Privacy Policy or any law

6.4 If a service professional violates any of the above NoFearBear may in its sole discretion take any action it deems fit, including but not limited to terminating or suspending the service professional’s account or use of the Website .

6.5 By promoting products/services as LOWEST PRICE GUARANTEED, service professionals shall agree that:

  1. products/services offered at NoFearBear must be lower compared to the same service professional’s In-store or walk-in price.
  2. 50% of products/services selling price will be reimbursed to service users if the products/services purchased by service users at NoFearBear are higher compared to the same service professional’s In-store or walk-in price.
  3. the product/service being compared to must meet the following conditions:
    1. The product/service must be exactly the same, or
    2. The part number and manufacturer's model must be exact.
  4. you hereby acknowledge and agree that NoFearBear is NOT a party to any oral or written agreement for LOWEST PRICE GUARANTEED service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website .
  5. in the event of any LOWEST PRICE GUARANTEED dispute between you, a Service User, Service Professional or any third party in relation to the Website , such dispute shall be resolved between you and such Service User, Service Professional or any third party and NoFearBear shall not have or hold any responsibility, liability or obligation in relation thereof.

7. Service Users

7.1 Service users shall not:

  1. commit to purchasing or using a Service without paying
  2. sign up, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service
  3. agree to purchase a Service when you do not meet the service professional's terms, or agree to purchase a Service with the intention of causing disruption
  4. misuse any options made available now or in the future by NoFearBear in connection with the use or purchase of any Service.

7.2 If a service user violates any of the above NoFearBear may in its sole discretion take any action it deems fit, including but not limited to terminating or suspending the service user’s use of the Website.

8. No Confidentiality

8.1 The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile or other information about you and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. Without prejudice to the Privacy Policy, you understand that whether or not such Submitted Content is published, NoFearBear does not guarantee any confidentiality with respect to any Submitted Content.

9. NoFearBear’s Disclaimers and Right to Remove

9.1 NoFearBear does not endorse any Submitted Content or any opinion, recommendation, or advice and NoFearBear expressly disclaims any and all liability in connection with all Submitted Content.

9.2 NoFearBear does not permit copyright infringing activities and infringement of intellectual property rights on the Website , and NoFearBear will remove any Data (as defined below) or Submitted Content if properly notified without prior notice as it may in its sole discretion determine. NoFearBear may take any steps it deems fit in its sole discretion against such infringers.

9.3 NoFearBear also reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

9.4 You acknowledge and understand that when using the Website , you will be exposed to Submitted Content from a variety of sources and that NoFearBear is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content.

9.5 You acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NoFearBear, and agree to indemnify and hold NoFearBear, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website .

9.6 You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website , or transmit to other Website users. You understand and agree that NoFearBear may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

10. Termination

10.1 NoFearBear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice and in its sole discretion. You agree that NoFearBear shall not be liable to you or to any third party for any modification, suspension or discontinuance of NoFearBear’s services.

10.2 You hereby acknowledge and agree that NoFearBear in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website or any part thereof, or remove and discard any Submitted Content on the Website immediately and without notice and for any reason.

10.3 Upon termination of your Account, your right to participate in the Website in any way shall automatically terminate. On termination your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the NoFearBear system.

10.4 Upon termination the following shall occur:

  1. All licenses granted to you will immediately terminate
  2. NoFearBear shall not be liable to you or any third party for any termination of your access to the Website . NoFearBear retains the right to use any data collected from your use of the Website .
  3. All related licenses you have granted NoFearBear hereunder shall remain in effect for the foregoing purpose. In no event is NoFearBear obligated to return any Submitted Content to you. All terms and conditions and rights in favour of NoFearBear survive termination and remain in the full benefit of NoFearBear

10.5 You agree to indemnify and hold NoFearBear , and its officers, managers, members, affiliates, successors, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination

11. Intellectual Property Rights

11.1 The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ('Data') and the trademarks, service marks and logos contained therein ('Marks'), are owned by NoFearBear or a related corporations of NoFearBear (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.

11.2 Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

11.3 NoFearBear reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes.

11.4 If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

11.5 The Website contains NoFearBear's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and NoFearBear owns and retains all rights in the NoFearBear Data and Marks. Subject to these Terms of Use, NoFearBear hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the NoFearBear Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website . The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

12. Refund Policy

12.1 All sales on NoFearBear are final and non-refundable.

12.2 All expired vouchers are voided automatically and cannot be refunded. We are unable to extend the validity of vouchers as the vouchers have a fixed validity upon purchasing.

12.3 However, if a voucher expires because of an error from our end or from a particular Service Professional, we will be happy to investigate and compensate accordingly.

13 Fees and Taxes

13.1 NoFearBear reserves the right at its sole discretion to charge fees to Service Users and service professionals for any services that NoFearBear may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by NoFearBear , or conducting transactions with Service Users through NoFearBear . NoFearBear reserves the right to charge fees for these services at its sole discretion and by using the Website , you agree to pay any such fees as NoFearBear may prescribe from time to time.

13.2 NoFearBear acts solely as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. NoFearBear is not itself a Service Professional or a Service User, and is not responsible to pay any tax or comply with any laws relating to tax for any transaction, sale or service provider by any service professional to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and payment requirements.

13.3 Any fees that the NoFearBear may charge the Service Professional are due immediately and are strictly non-refundable. The Service Professionals and Users authorise NoFearBear to collect fees on their behalf. Fees for Services rendered excluding the software usage, advertisement and transaction fees shall be released to the Service Professional within 30 days from the date Service User claims the service.

13.4 Such software usage, advertisement and transaction fees, shall be determined by NoFearBear at its discretion, from time to time.

13.5 NoFearBear may, at its sole discretion, make promotional offers with different features and different rates to any of the Services Professionals or Users whereby these promotional offers shall accordingly be honored by you. NoFearBear may determine or change the fee as NoFearBear deems in its absolute discretion as necessary or appropriate for the business.

13.6 NoFearBear retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Users and Service Professionals to be in breach of the Terms and Conditions between the Service Professionals and Users and NoFearBear. In such an event, you shall not hold NoFearBear liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.

13.7 You agree that you will cooperate in relation to any criminal investigation that is required and to assist NoFearBear in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place

14. Not Party / No Agency or Partnership

14.1 You hereby acknowledge and agree that NoFearBear is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website .

14.2 No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website , including without limitation. You do not have any authority whatsoever to bind NoFearBear in any respect. All Service Professionals are independent contractors. Neither NoFearBear nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

15. Disputes

15.1 Your interactions with individuals and/or organizations found on or through the Website , including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with hire, payment or transaction of any kind with any party.

15.2 You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content is your personal decision for which alone are responsible. You understand that NoFearBear does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

15.3 In the event of any dispute between you, a Service User, Service Professional or any third party in relation to the Website , such dispute shall be resolved between you and such Service User, Service Professional or any third party and NoFearBear shall not have or hold any responsibility, liability or obligation in relation thereof.

15.4 NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT NoFearBear SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE SITE, OR BETWEEN REGISTERED USERS OR ANY SITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT NoFearBear IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE SITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE NoFearBear, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

16 Terms and Conditions for Lowest Price Guaranteed (LPG)

The Lowest Price Guarantee program only applies to products with the “Lowest Price Guaranteed” label

alt_text , and is subject to the Terms & Conditions below:

16.1. LPG claim form must be submitted via the claim button on the product page within 7 days from the date of order completion.

16.2. The LPG claim form must be submitted to the SAME Service Professional by the Service User with screenshots of the items being compared with visible prices, date, timestamp, and its corresponding URLs.

16.3 Price difference will be calculated based on the net sale price of products/services as listed on NoFearBear ONLY, excluding special promotions such as vouchers/coupons, cashback, or credit card promos, shipping fee, etc., offered from SAME Service Professional. Any change(s) on the product/service price between the period of submission and decision will not affect the initial price report and compensation.

Total compensation for a successful claim will be 50% of the purchased price. Compensation multipliers might differ without prior notice during special promotions.

16.4. Products/Services being reported for price comparison must be of the same:

  1. Type
  2. Description/specification
  3. Brand
  4. Color
  5. Condition
  6. Model year
  7. Freebies
  8. Size
  9. Warranty terms
  10. Origin (local or international)

as that of the same Service Professional’s In-store or walk-in deal. This includes product bundles, where all the items in the bundle being compared must be an exact match.

16.5 You hereby acknowledge and agree that NoFearBear is NOT a party to any oral or written agreement for LPG service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website .

16.6 In the event of any LPG dispute between you, a Service User, Service Professional or any third party in relation to the Website , such dispute shall be resolved between you and such Service User, Service Professional or any third party and NoFearBear shall not have or hold any responsibility, liability or obligation in relation thereof.

17. Governing Law

17.1 These Terms of Use shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes

18. Advertisements and Third Party Links

18.1 Aspects of the Website and other NoFearBear services may be supported by advertising revenue. As such, NoFearBear may display advertisements and promotions on the service. The manner, mode and extent of advertising by NoFearBear on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by NoFearBear of any advertised products or services. You agree that NoFearBear shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website .

18.2 The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that NoFearBear is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website , links to third-party sites should in no way be considered as or interpreted to be NoFearBear endorsement of such third-party sites or any product or service offered through them.

18.3 You further acknowledge and agree that NoFearBear shall 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, advertising, product, goods or services available on or through any such website or resource. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website , and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than NoFearBear are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

19. Disclaimer of Warranties, Limitation of Liability and Indemnities

19.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. NoFearBear , ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES AND/OR REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF INCLUDING BUT NOT LIMITED TO:-

  1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE OR ANY SERVICE THAT NoFearBear PROVIDES
  2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY NoFearBear OR ANY THIRD PARTY THROUGH THE WEBSITE);
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR NoFearBear’s SERVERS, DATA OR INFORMATION;
  4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
  5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
  6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
  7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

19.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NoFearBear, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY FORM OF DAMAGE, LOSS OR INJURY IN ANY FORM WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE IN TRANSMISSION OF DATA OR BUSINESS INTERRUPTION REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF, INCLUDING BUT NOT LIMITED TO:-

  1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE;
  2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY NoFearBear OR ANY THIRD PARTY THROUGH THE WEBSITE, ANY WEBSITE, SUBMISSIONS OR ANY OTHER MEANS);
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR NoFearBear’s SERVERS, DATA OR INFORMATION;
  4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
  5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
  6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
  7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

19.3 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW, NoFearBear, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, YOUR BREACH AND/OR VIOLATION OF ANY TERM OF THESE TERMS OF USE, YOUR BREACH AND/OR VIOLATION OF ANY THIRD PARTY RIGHT OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COPYRIGHT, INTELLECTUAL PROPERTY, PROPERTY AND/OR PRIVACY RIGHTS.

20. Entire Terms

20.1 The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by NoFearBear on the Website, shall constitute the entire agreement between you and NoFearBear concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.