Last updated August 28, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. SOCIAL MEDIA
9. SUBMISSIONS
10. THIRD-PARTY WEBSITE AND CONTENT
11. SITE MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity you and we, concerning your
access to and use of the
website as well as any other media form, media
channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are
hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to
make changes or modifications to these Terms of Use
from time to time. We will alert you about any
changes by updating the “Last updated” date of these
Terms of Use, and you waive any right to receive
specific notice of each such change. Please ensure
that you check the applicable Terms every time you
use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the
changes in any revised Terms of Use by your
continued use of the Site after the date such
revised Terms of Use are posted.
The information provided on the Site is not intended
for distribution to or use by any person or entity
in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject us to any
registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to
access the Site from other locations do so on their
own initiative and are solely responsible for
compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the
Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18
years old. Persons under the age of 18 are not
permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases,
functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed
to us, and are protected by copyright and trademark
laws and various other intellectual property rights
and unfair competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and
personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you
are granted a limited license to access and use the
Site and to download or print a copy of any portion
of the Content to which you have properly gained
access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to
comply with these Terms of Use; (2) you are not a
minor in the jurisdiction in which you reside; (3)
you will not access the Site through automated or
non-human means, whether through a bot, script, or
otherwise; (4) you will not use the Site for any
illegal or unauthorized purpose; and (5) your use of
the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and
refuse any and all current or future use of the Site
(or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose
other than that for which we make the Site
available. The Site may not be used in connection
with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from
the Site to create or compile, directly or
indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Site and/or the Content contained therein
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
Use any information obtained from the Site in order
to harass, abuse, or harm another person.
Make improper use of our support services or submit
false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any
applicable laws or regulations.
Engage in unauthorized framing of or linking to the
Site.
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Site.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering
and extraction tools.
Delete the copyright or other proprietary rights
notice from any Content.
Attempt to impersonate another user or person or use
the username of another user.
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden
on the Site or the networks or services connected to
the Site.
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Site to you.
Attempt to bypass any measures of the Site designed
to prevent or restrict access to the Site, or any
portion of the Site
Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a
part of the Site.
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any
unauthorized script or other software.
Use a buying agent or purchasing agent to make
purchases on the Site.
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users
by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
Use the Site as part of any effort to compete with
us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial
enterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post
content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and
materials to us or on the Site, including but not
limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or
personal information or other material
(collectively, “Contributions”).
Contributions may be viewable by other users of the
Site and through third-party websites. As such, any
Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you
create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do not
and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
The creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do not
and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site,
and other users of the Site to use your
Contributions in any manner contemplated by the Site
and these Terms of Use.
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or
likeness of each and every such identifiable
individual person to enable inclusion and use of
your Contributions in any manner contemplated by the
Site and these Terms of Use.
Your Contributions are not false, inaccurate, or
misleading.
Your Contributions are not unsolicited or
unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any
other person and to promote violence against a
specific person or class of people.
Your Contributions do not violate any applicable
law, regulation, or rule.
Your Contributions do not violate the privacy or
publicity rights of any third party.
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
Your Contributions do not include any offensive
comments that are connected to race, national
origin, gender, sexual preference, or physical
handicap.
Your Contributions do not otherwise violate, or link
to material that violates, any provision of these
Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the foregoing
violates these Terms of Use and may result in, among
other things, termination or suspension of your
rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and
use any information and personal data that you
provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and
share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property
rights or other proprietary rights associated with
your Contributions. We are not liable for any
statements or representations in your Contributions
provided by you in any area on the Site. You are
solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any
legal action against us regarding your
Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should
have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive,
or hate language; (3) your reviews should not
contain discriminatory references based on religion,
race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity;
(5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7)
you may not post any false or misleading statements;
and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of
any of our affiliates or partners. We do not assume
liability for any review or for any claims,
liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all
content relating to reviews.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may
link your account with online accounts you have with
third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms
and conditions that govern your use of each
Third-Party Account. You represent and warrant that
you are entitled to disclose your Third-Party
Account login information to us and/or grant us
access to your Third-Party Account, without breach
by you of any of the terms and conditions that
govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees
or making us subject to any usage limitations
imposed by the third-party service provider of the
Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable)
any content that you have provided to and stored in
your Third-Party Account (the “Social Network
Content”) so that it is available on and through the
Site via your account, including without limitation
any friend lists and (2) we may submit to and
receive from your Third-Party Account additional
information to the extent you are notified when you
link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable
information that you post to your Third-Party
Accounts may be available on and through your
account on the Site. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such Third Party
Account is terminated by the third-party service
provider, then Social Network Content may no longer
be available on and through the Site. You will have
the ability to disable the connection between your
account on the Site and your Third-Party Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not
limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree
that we may access your email address book
associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and
informing you of those contacts who have also
registered to use the Site. You can deactivate the
connection between the Site and your Third-Party
Account by contacting us using the contact
information below or through your account settings
(if applicable). We will attempt to delete any
information stored on our servers that was obtained
through such Third-Party Account, except the
username and profile picture that become associated
with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site
(“Submissions”) provided by you to us
are non-confidential and shall become our sole
property. We shall own exclusive rights, including
all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination
of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby
warrant that any such Submissions are original with
you or that you have the right to submit such
Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
10. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the
Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound,
video, information, applications, software, and
other content or items belonging to or originating
from third parties (“Third-Party
Content”). Such Third-Party Websites and
Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available
through, or installed from the Site, including the
content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any
Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and
you should be aware these Terms of Use no longer
govern. You should review the applicable terms and
policies, including privacy and data gathering
practices, of any website to which you navigate from
the Site or relating to any applications you use or
install from the Site. Any purchases you make
through Third-Party Websites will be through other
websites and from other companies, and we take no
responsibility whatsoever in relation to such
purchases which are exclusively between you and the
applicable third party. You agree and acknowledge
that we do not endorse the products or services
offered on Third-Party Websites and you shall hold
us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or
harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with
Third-Party Websites.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability
of, or disable (to the extent technologically
feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Site in
a manner designed to protect our rights and property
and to facilitate the proper functioning of the
Site.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake or
borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In addition to terminating or suspending your
account, we reserve the right to take appropriate
legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Site. We also reserve the right
to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to
you or any third party for any modification, price
change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at
all times. We may experience hardware, software, or
other problems or need to perform maintenance
related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason
without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or
use the Site during any downtime or discontinuance
of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or
releases in connection therewith.
14. DISPUTE RESOLUTION
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these
Terms of Use (each “Dispute” and
collectively, the “Disputes”) brought by either you
or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with
this contract, including any question regarding its
existence, validity, or termination, shall be
referred to and finally resolved by the
International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this
ICAC, which, as a result of referring to it, is
considered as the part of this clause.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be
brought in a purported representative capacity on
behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are
not subject to the above provisions concerning
informal negotiations and binding arbitration: (a)
any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found
to be illegal or unenforceable and such Dispute
shall be decided by a court of competent
jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at
any time, without prior notice.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents,
partners, and employees, from and against any loss,
damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) use of the
Site; (2) breach of these Terms of Use; (3) any
breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of
the rights of a third party, including but not
limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Site
with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to
the Site for the purpose of managing the performance
of the Site, as well as data relating to your use of
the Site. Although we perform regular routine
backups of data, you are solely responsible for all
data that you transmit or that relates to any
activity you have undertaken using the Site. You
agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby
waive any right of action against us arising from
any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications.
You consent to receive electronic communications,
and you agree that all agreements, notices,
disclosures, and other communications we provide to
you electronically, via email and on the Site,
satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic
records, or to payments or the granting of credits
by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
23. MISCELLANEOUS
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to the
Site constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such
right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others
at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control.
If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the
provision is deemed severable from these Terms of
Use and does not affect the validity and
enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency
relationship created between you and us as a result
of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed
against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute
these Terms of Use.
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