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.