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.