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.