Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, WEB APPLICATION AND MOBILE APP AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU ARE REQUESTED NOT TO ACCESS, VIEW, OR USE THIS WEBSITE, WEB APPLICATION AND MOBILE APP, OR ANY PAGES THEREOF. The domain name www.yetasolutions.com (hereinafter referred to as "Website") is owned by YETA Solutions a company incorporated under Indian Companies Act 1956, located at 1755/12-2, 8th Cross, RPC Layout, Bangalore 560104, India (hereinafter referred to as "Website, Web application and Mobile app", "We", "Us", "Our", “Company”). The User of the Website, Web application and Mobile app shall be referred hereinafter be referred to as “You”, “User”, “Jobseekers”, “Students", “Employers”, “Recruitment Consultancies”, “Working Professionals”, “Entrepreneurs”, “Academic Institutions”, “Corporates”. Your use of the Website, Web application and Mobile app and Services (refers to the services provided on the platform) and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website, Web application and Mobile app including the applicable policies which are incorporated herein by way of reference

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website, Web application and Mobile app following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website, Web application and Mobile app. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, WEB APPLICATION AND MOBILE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY THE PRE-REQUISITES

When you use any of the services provided by Us through the Website, Web application and Mobile app, including but not limited to psychometric tests, training/coaching/ transformational services etc, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

SERVICE OVERVIEW
The Website, Web application and Mobile app is a cloud- based behavioural analytics solution that primarily focusses on assessing innate capabilities of people to help them developing requisite skills to achieve peak performance.

ATMA, ATMA aWake and ATMA nGage and other product derivatives are Data Science backed psychometric analysis solutions that uses batteries of Psychometric tools and analyses various aspects on the three primal axes i.e. personality, Emotional capabilities and Behaviour Effectiveness of oneself. The overall solution blends technology so as to measure Key Success Behaviours and provide continuous behavioural enhancement.

YETA Solutions caters to the follow segments:
  • Students
  • Job Seekers
  • Working professionals
  • Entrepreneurs
  • Academic Institutions
  • Corporate
ELIGIBILITY
Any individual, institution, company who are ready to comply with the terms and conditions briefed here in are eligible to use our services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
In order to use this Website, Web application and Mobile app or to access the Service, you may be required to provide personal information (such as email id or contact information) as part of registration process, or as part of continued use of the Website, Web application and Mobile app and the Service. You agree that any registration information you provide on the Website, Web application and Mobile app will be accurate, correct and up to date.

If you use the Website, Web application and Mobile app, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to your login account on the Website, Web application and Mobile app and refuse to provide You with access to the Website, Web application and Mobile app. Such act on your part can accrue legal implications due to violation of laws not limited to criminal liability on your part. Further, the user agrees to indemnify the Company for all losses incurred by it due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the network of the Company.

USE OF THE WEBSITE, WEB APPLICATION AND MOBILE APP
You agree, to undertake and confirm that Your use of the Website, Web application and Mobile app shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  • Belongs to another person and to which You does not have any right Over;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Is misleading in any way;
  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"(or “spamming”, “phishing”, “trolling” or similar activities);
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • Promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Contains video, photographs, or images of another person (with a minor or an adult).
  • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, Web application and Mobile app or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website, Web application and Mobile app or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website, Web application and Mobile app;
  • Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
  • Interferes with another USER's use and enjoyment of the Website, Web application and Mobile app or any other individual's User and enjoyment of similar services;
  • Refers to any Website, Web application and Mobile app or URL that, in Our sole discretion, contains material that is inappropriate for the Website, Web application and Mobile app or any other Website, Web application and Mobile app, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • Harm minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonate another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • Shall not be false, inaccurate or misleading;
  • Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  • You shall not use 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 any portion of the Website, Web application and Mobile app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Web application and Mobile app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website, Web application and Mobile app. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Website, Web application and Mobile app, or any other systems or networks connected to the Website, Web application and Mobile app or to any server, computer, network, or to any of the services offered on or through the Website, Web application and Mobile app, by hacking, password "mining" or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Website, Web application and Mobile app or any network connected to the Website, Web application and Mobile app nor breach the security or authentication measures on the Website, Web application and Mobile app or any network connected to the Website, Web application and Mobile app. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, Web application and Mobile app, or any other customer, including any account on the Website, Web application and Mobile app not owned by You, to its source, or exploit the Website, Web application and Mobile app or any service or information made available or offered by or through the Website, Web application and Mobile app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website, Web application and Mobile app.
  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company and the Website, Web application and Mobile app on platform or otherwise tarnish or dilute any of the Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, Web application and Mobile app’s systems or networks, or any systems or networks connected to the Company.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Web application and Mobile app or any transaction being conducted on the Website, Web application and Mobile app, or with any other person's use of the Website, Web application and Mobile app.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website, Web application and Mobile app or any service offered on or through the Website, Web application and Mobile app. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  • You may not use the Website, Web application and Mobile app or any content on the Website, Web application and Mobile app for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Custom Duty, Local Levies) regarding Your use of Our Website, Web application and Mobile app. You shall not engage in any activity, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • Solely to enable Us to use the information You Provide Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website, Web application and Mobile app.
  • You shall not engage in advertising to, or solicitation of, other Users of the Website, Web application and Mobile app to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website, Web application and Mobile app or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website, Web application and Mobile app. It shall be a violation of these Terms of Use to use any information obtained from the Website, Web application and Mobile app in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate at our sole discretion.
  • It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene material on the Website, Web application and Mobile app and that You may be involuntarily exposed to such offensive and obscene material. It also is possible for others to obtain personal information about You due to your use of the Website, Web application and Mobile app, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website, Web application and Mobile app You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website, Web application and Mobile app. Please carefully select the type of information that You publicly disclose or share with others on the Website, Web application and Mobile app.
  • The Company shall have the right to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

    SPECIFIC PROHIBITED USES
    The Psychometric Dashboard features of the Website, Web application and Mobile app may be used only for lawful purposes by individuals for self-understanding, self-development, to share the information for employment purposes and other lawful professional purposes.

    The Company specifically prohibits any other use of the Website, Web application and Mobile app, and all Users agree not to do any of the following:
    • Transmit, post, distribute, store or destroy material, including without limitation the Website, Web application and Mobile app’s Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the Website, Web application and Mobile app’s privacy policy;
    • Post anything on the portal and take psychometry tests on behalf of another party;
    • Defer any contact from an employer / institution to any agent, agency, or other third party;
    • Solicit passwords or personally identifiable information from other Users;
    • Post any jobs on the Website, Web application and Mobile app for any competitor of Our Company or posting jobs or other content that contains links to any site competitive with Our Company;
    • Post jobs / advertisements /promotions or content on Website, Web application and Mobile app that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
    • Use the Website, Web application and Mobile app for any purpose other than the defined purposes in this document
    • Post on the Website, Web application and Mobile app any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
    • Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website, Web application and Mobile app;
    • Delete or revise any material posted by any other person or entity;
    • Take any action that imposes an unreasonable or disproportionately large load on the Website, Web application and Mobile app's infrastructure;
    • Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, Web application and Mobile app other than the search engine and search agents available from the Company.
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website, Web application and Mobile app;
    • Aggregate, copy or duplicate in any manner any of the Website, Web application and Mobile app’s Content or information available from the Website, Web application and Mobile app
    • Frame or link to any of the Website, Web application and Mobile app’s Content or information available from the Website, Web application and Mobile app.
    • Use the Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by the Company’s discretion.

      The Company also specifically prohibits any use / insertion of any of the User’s URL, web link, e- mail address and Website, Web application and Mobile app while posting any job on the Website, Web application and Mobile app and all Users agree not to use / insert any of the User’s URL, web link, e- mail address and Website, Web application and Mobile app while posting any job on.

      CONTENTS POSTED ON SITE All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and the Company has no control over such third party user generated content as the Company is merely an intermediary for the purposes of these Terms of Use.

      Except as expressly provided in these Terms of Use, no part of the Website, Web application and Mobile app and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website, Web application and Mobile app or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.

      You may use information on the Services purposely made available on the Website, Web application and Mobile app for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You agree and understand that any content posted by You on the Website, Web application and Mobile app can be stored by the Company. You shall be responsible for all the materials shared by you on a public forum. The Content posted by you will be visible users registered on our Website, Web application and Mobile app

      You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website, Web application and Mobile app (collectively, "Content"). Such content will become Our property and You grant Us the worldwide, perpetual and transferable rights to such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

      DISCLAIMER OF WARRANTIES AND LIABILITY On This Website, Web application and Mobile app, all the material and products (including but not limited to software) and services, included on or otherwise made available to You are provided on "as is" and "as available" basis without any representation or warranties, express or implied except, otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
      • This Website, Web application and Mobile app will be constantly available, or available at all; or
      • The information on this Website, Web application and Mobile app is complete, true, accurate or non-misleading.
      • The Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website, Web application and Mobile app. The Company does not warrant that this Website, Web application and Mobile app; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website, Web application and Mobile app; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
      ALL THE CONTENTS OF THE WEBSITE ARE INTENDED TO BE USED SOLELY FOR THE PURPOSING OF FACILITATING DETAILED PSYCHOMETRIC ANALYSIS TO PROVIDE THE USERS WITH A DETAILED REPORT ON THE INNATE CAPABILITIES, WHICH IS ONLY BASED ON THE ANSWERS GIVEN BY THE USERS DURING THE TEST. THE USERS OF THE WEBSITE INDEMNIFY THE WEBSITE HOST /OWNER AGAINST ALL POSSIBLE CLAIMS FROM THE USERS / THIRD PARTIES PERTAINING TO DECISIONS IF ANY TAKEN BY THE USERS BASED ON THE OPINIONS/ADVICES GIVEN IN THIS WEBSITE AFFECTING SUCH THIRD PARTIES. TO BY THIS WEBSITE, WEB APPLICATION AND MOBILE APP. THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED ON "AS IS" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND, REGARDING ANY MATTER PERTAINING TO ANY GOODS, SERVICE OR CHANNEL, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED AND EXCLUDED. CERTAIN LINKS ON THE SITE LEAD TO RESOURCES LOCATED ON SERVERS MAINTAINED BY THIRD PARTIES OVER WHOM THE COMPANY HAS NO CONTROL OR CONNECTION, BUSINESS OR OTHERWISE AS THESE SITES ARE EXTERNAL TO THE COMPANY YOU AGREE AND UNDERSTAND THAT BY VISITING SUCH SITES YOU ARE BEYOND THE COMPANY’S WEBSITE, WEB APPLICATION AND MOBILE APP. THE COMPANYTHEREFORE NEITHER ENDORSES NOR OFFERS ANY JUDGEMENT OR WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE AUTHENTICITY/AVAILABILITY OF ANY OF THE GOODS/SERVICES/OR FOR ANY DAMAGE, LOSS OR HARM, DIRECT OR CONSEQUENTIAL OR ANY VIOLATION OF LOCAL OR INTERNATIONAL LAWS THAT MAY BE INCURRED BY YOUR VISIT AND/OR TRANSACTION/S ON THESE SITES

      INDEMNITY You shall indemnify and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

      APPLICABLE LAW The Terms of Use and the contract between the Company and all the users (Working professionals / Students / Corporate / Employers/Recruitment Consultants/Job Seekers/Students) shall be governed by Indian law. Courts at Karnataka, India, shall have exclusive jurisdiction to entertain any dispute arising from or in relation to the Terms of Use and the contract between the Company and all the Users (Working professionals / Students / Corporate / Employers/Recruitment Consultants/Job Seekers/Students), and no other courts shall have jurisdiction. TRADEMARK, COPYRIGHT AND RESTRICTION This site is controlled and operated by YETA Solutions. All material on this Website, Web application and Mobile app, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website, Web application and Mobile app is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the material, use of the material on any other Website, Web application and Mobile app or networked computer environment or use of the material for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

      LIMITATION OF LIABILITY IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.