TERMS OF SERVICE
Welcome to bunnyfufuu.com. These Terms governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and BunnyFuFuu LLC. Read these Terms carefully before using the Services. By accessing the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend these Terms at any time by posting a revised version on the Services. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
“Account” means, any individual User account including Customer Accounts and Member Accounts, as defined below, that you create and use to access the Services.
“Company” means, BunnyFuFuu LLC. References to “us,” “we,” or “our” means BunnyFuFuu LLC, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include Company Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Company Affiliate” (or “Company Affiliates”) means, Company’s third-party content providers, distributors, licensees, or licensors.
“Dispute” means any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail or courier delivery to the other party at their respective address and will be effective upon receipt.
“Service” (or “Services”) means, any website provided by Company and Company Affiliates, including without limitation the following websites and all sub-pages thereof: bunnyfufuu.com; club.bunnyfufuu.com
“Terms of Service” (or “Terms”) means, the terms and conditions in these Terms.
“User,” “you” or “your” means any user of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
2. Ownership and Limited License
- Ownership. The Services are owned or licensed by Company and are protected by Intellectual Property Rights and other proprietary rights laws. Company reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Company.
- License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company policies, Company grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment and informational purposes. You agree that you will not use the Services for any other purpose.
- License Limitations. Any use of the Services in violation of the law, these Terms, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Company’s sole judgment and/or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
- Partake in any activity or action that Company deems to be against the spirit or intent of the Services;
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Company itself or Company Affiliates;
- Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Company;
- Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
- Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, or Company;
- Use of access services to obtain, generate, or infer any business information about Company or Company Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors, except for the sole purpose of privately and directly notifying Company;
- Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Company employees;
- Attempt to gain unauthorized access to Services; and
- Use the Services where it is prohibited by law.
- Unless modified or amended by Company, these Terms and its provisions shall remain in full force and effect. Termination of any license granted by Company under these Terms does not affect any other provisions of these Terms.
4. Access Rights
- By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor who has been authorized under the provisions of Section 4(b) below.
- If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
- You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
- You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
- You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
- In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
- If you have been previously banned from using any Company Services then you may not use our Services.
- To use the Services, “Users” may set up an individual Customer Account or Member Account (each an “Account”). To create an Account, you must be 18 years old, if you are under 18 years old, you may only create an Account with the permission of your parent or legal guardian. If you are under 13 years old (or if you reside within the European Economic Community and are under 16 years old) you may not create an Account and please do not provide us with any information. Each Account, regardless of the type, includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such Password may be stored. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you and that you are solely responsible for all activities and actions that occur under the auspices of your Account.
- Notwithstanding the above provisions of Section 4, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services or submit any personal information to Company through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from Company.
- Types of Accounts
- Customer Account. Users may create a Customer Account at any time. Such Customer Accounts are unpaid and only require submitting a username and password.
- Member Accounts. In exchange for a monthly subscription fee, as set forth on the Services and as may be modified from time to time (the “Membership Fee”), Users may set up a Member Account, which will provide you with access to unique BunnyFuFuu merchandise and other exciting features. Payment of the Membership Fee requires the use of a major credit/debit card. Such payment will be processed on a monthly basis by a third-party Payment Processor, as further described below. You may cancel your Member Account at any time by following the instructions set forth within the Services or by emailing us at email@example.com. You hereby acknowledge and agree that all Membership Fees are nonrefundable.
6. Service Availability and Termination
- You acknowledge that:
- Company may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
- Company has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
- Access to the Services may be interrupted for reasons within or beyond the control of Company, and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- Company may not offer the Services in all countries or geographic locations; and
- You are solely responsible for any internet connection and/or mobile fees that you may incur as a result of using our Services.
- Users may purchase certain merchandise via the Services. Company shall make such merchandise available, from time to time, in its sole discretion.
- Payments for Merchandise and Member Accounts. Company partners with certain third-party payment processors including PayPal and Stripe (each a “Payment Processor”), to facilitate credit card and other payments, in connection with your purchase of the merchandise and the monthly Membership Fee. Payment processing time will vary depending on your location. You will receive a receipt from the applicable Payment Processor confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Payment Processor, you may be subject to an agreement with such Payment Processor. For your reference, PayPal’s User Agreement is available here and Stripe’s Services Agreement is available here. If Company receives notice that your activity violates any of the foregoing agreements or any similar agreement between you and or any other Payment Processor, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods.
- YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY PAYMENT PROCESSOR, INCLUDING ANY TERMS, SERVICES, CONDITIONS, REPRESENTATIONS, COVENANTS, OR WARRANTIES SET FORTH IN ANY AGREEMENT BETWEEN YOU AND SUCH PAYMENT PROCESSOR AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Refunds. Company may, in its sole discretion, issue refunds to users that purchase defective or otherwise unacceptable merchandise. To request a refund, please contact[AG3] firstname.lastname@example.org. You hereby acknowledge and agree that fees charged by Payment Processors to process payments are at all times non-refundable for any reason. For the avoidance of doubt, Membership Fees are non-refundable.
- NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT ANY MERCHANDISE SOLD BY COMPANY IS PROVIDED ON AN “AS IS” BASIS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANDISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.
8. Conversations with BunnyFuFuu
As part of the Services, you may have the opportunity to have a video or text-message conversation with BunnyFuFuu (each a “Conversation”). You hereby acknowledge and agree that such Conversations may be recorded. Additionally, Company may upload the video or transcript of the Conversation on the Services. In furtherance of the foregoing, you hereby grant Company i) an unrestricted, irrevocable, fully sublicensable, royalty-free, worldwide, non-exclusive right and license to reproduce, modify, adapt, display, publicly perform, publish, distribute, and create derivative works based upon any Conversation for the purpose of uploading or distributing such Conversation or derivative thereof on the Services or in any media or format, now known or hereafter developed for the purpose of promoting the Services; and ii) the right to use, modify, and exploit your name, image, voice, likeness, and biography, to the extent the foregoing is integrated into the Conversation, in connection with the same. The foregoing license is granted for the maximum duration allowable under applicable law (including in perpetuity, if otherwise permitted by applicable law). In the event the Conversation contains the name, image, likeness, voice, or biography of any third-party and/or any third-party intellectual property or other materials (collectively “Third Party Materials”) you represent and warrant that you have obtained appropriate consents or licenses for the use of such Third-Party Materials and that Company and its sub-licensees may use and exploit such Third-Party Materials in accordance with the terms and conditions set forth herein.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with these Conversations and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
9. Intellectual Property
- All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Company or its third party suppliers, or is rightfully used subject to a license agreement and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content, in whole or in part, provided on, transmitted through, or found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any such content, and in particular you shall not delete or alter any proprietary rights or attribution notices in such content. You shall use the content provided through, transmitted through, and found on the Services solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of the Company and/or related third party owners of such content. You acknowledge and agree that you do not acquire any ownership rights in the content provided through the Services. Except as provided herein, these Terms do not grant any licenses, express or implied, to such content or any other intellectual property of the Company, its licensors, or any third party owner.
10. Links to Third Party Sites and Services
The Services may contain links to third party websites including the Payment Processors (“Linked Sites”). The Linked Sites are not under the control of Company or any part of the Services. Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
11. Disclaimer, Warranty, and Liability
YOU ACKNOWLEDGE THAT COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY COMPANY TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF COMPANY AND/OR COMPANY AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO COMPANY AND/OR COMPANY AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THESE TERMS BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
IF YOU HAVE NOT PAID COMPANY OR ANY COMPANY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY AND/OR ANY COMPANY AFFILIATE IS TO CEASE USING THE SERVICES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, COMPANY AND COMPANY AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
12. Prohibited Conduct.
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Website, App, App or Website servers, or otherwise interfere with any other party’s use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
- You agree to defend, indemnify and hold harmless Company, Company Affiliates, and any third-parties under agreement with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- Your failure to comply with any provision of these Terms of Service;
- Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
- Company and Company Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you in any way related to these Terms, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
- This Section shall survive the termination of these Terms for any reason.
14. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in New York, NY before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow New York law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney’s fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in New York, NY.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Devices and Internet Connection. Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
- International Users. The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Changes. It is your responsibility to read, understand, and accept these Terms in connection with your use of the Services. You acknowledge that Company may make changes to these Terms of Service at any time, and that Section headings in these Terms are for purposes of convenience only. Unless Company states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services and that such use constitutes your acceptance of the same. You should check this page regularly to stay informed about any changes.
- Complete agreement. These Terms: (1) represent the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer these Terms or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
- Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
- Waiver. No act or failure to act by Company will be deemed a waiver of any right contained in these Term or available to Company at applicable law or in equity, and any waiver by Company must be in writing and signed by an officer of Company. If Company does expressly waive any provision of these Terms, such waiver shall not be a waiver of any other provisions of these Terms, and the waived provision shall not be waived for all time in the future.
- Severability. If any provision or sub-provision of these Terms is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
- Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
- YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
- Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
16. Contact Us