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.
24. CONTACT US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please
contact us.