Last updated Feb
AGREEMENT TO TERMS
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and Spinsphere
“we”, “us”, or “our”), concerning your
access to and use of the Spinsphere
App/Site 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
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
and for any reason. We will alert you about any changes by updating the “Last
specific notice of each such change. It is your responsibility to periodically
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
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
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
using the Site, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3)
you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the Site;
(5) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (6) you will not use the Site for any
illegal or unauthorized purpose; and (7) your use of the Site will not violate
any applicable law or regulation.
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).
may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
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
a user of the Site, you agree not to:
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.
2. Trick, defraud, or mislead
us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
3. 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.
4. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained
from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our
support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner
inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or
offer to sell goods and services.
9. Engage in unauthorized
framing of or linking to the Site.
10. 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.
11. 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.
12. Delete the copyright or
other proprietary rights notice from any Content.
13. Attempt to impersonate
another user or person or use the username of another user.
14. Sell or otherwise transfer
15. 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”).
16. Interfere with, disrupt, or
create an undue burden on the Site or the networks or services connected to the
17. Harass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any portion of
the Site to you.
18. Attempt to bypass any
measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
19. Copy or adapt the Site’s
20. Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
21. 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.
22. Use a buying agent or
purchasing agent to make purchases on the Site.
23. 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.
24. 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.
Site may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and 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 as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. 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.
2. 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
3. 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
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
8. 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.
9. Your Contributions do not violate any applicable law, regulation, or
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
14. Your Contributions do not otherwise violate, or link to material that
may result in, among other things, termination or suspension of your rights to
use the Site.
posting your Contributions to any part of the Site,
you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
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.
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
If you access the Site via a mobile application, then we grant
you a revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or controlled
by you, and to access and use the mobile application on such devices strictly
in accordance with the terms and conditions of this mobile application license
engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of
the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (7) use the application for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
and Android Devices
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an “App Distributor”)
to access the Site: (1) the license granted to you for our mobile application
is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the
terms and conditions of this mobile application license contained in these
that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile application; (3) in
the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country
that is subject to a U.S. government embargo, or that has been designated by
the U.S. government as a “terrorist supporting” country and (ii) you are not listed
on any U.S. government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license
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
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements or
banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights. We
simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of these
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.
We care about
cloud. If you access the Site from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the
cloud then through your continued use of the Site, you are transferring your
data to the cloud and
you agree to have your data transferred to and processed in 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
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR
ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
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.
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.
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.
support the Site or to supply any corrections, updates, or releases in
Terms shall be governed by and defined following the laws of Spinsphere. Spinsphere
and yourself irrevocably consent that the courts of Spinsphere shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
expedite resolution and control the cost of any dispute, controversy, or claim
“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
six (36) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
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. The number of arbitrators shall be eight
(8). The seat, or legal place, of arbitration shall be Kamamazhou,
Spinsphere. The language of the
proceedings shall be Huelogue. The governing law of the
contract shall be the substantive law of Spinsphere.
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.
to Informal Negotiations and Arbitration
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.
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.
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE zero
(0) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
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)
your Contributions; (2)
rights of a third party, including but not limited to intellectual property
rights; or (6) 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.
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.
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
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.
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
unenforceable, that provision or part of the provision is deemed severable from
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
against us by virtue of having drafted them. You hereby waive any and all
In order to
resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us.