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.