Terms of Use

 

TERMS OF USE

Last updated May 03, 2019

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 Jazmine Donerson, doing business as Maneuverly ("Maneuverly", “we”,

“us”, or “our”), concerning your access to and use of the www.maneuverly.com 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 at any time and for any reason. 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. It is your responsibility to periodically review these Terms of Use to

stay informed of updates. 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 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.

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

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(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, foreign

jurisdictions, 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.

USER REPRESENTATIONS

By 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 have the legal capacity and you agree to comply

with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (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.

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).

USER REGISTRATION

You 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.

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:

1. 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.

2. 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

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accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Use the Site to advertise or offer to sell goods and services.

5. 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.

6. Engage in unauthorized framing of or linking to the Site.

7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. 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.

10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected

to the Site.

11. Attempt to impersonate another user or person or use the username of another user.

12. Sell or otherwise transfer your profile.

13. Use any information obtained from the Site in order to harass, abuse, or harm another person.

14. 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.

15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any

way making up a part of the Site.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or

any portion of the Site.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any

portion of the Site to you.

18. Delete the copyright or other proprietary rights notice from any Content.

19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or

other code.

20. 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.

21. 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”).

22. 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.

23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

24. Use the Site in a manner inconsistent with any applicable laws or regulations.

GUIDELINES FOR REVIEWS

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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.

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.

THIRD-PARTY WEBSITES 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

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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.

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.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy

posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in

the United States. If you access the Site from the European Union, Asia, or 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 United States, then through your continued use of the Site, you are transferring your

data to the United States, and you expressly consent to have your data transferred to and processed in the

United States. Further, we do not knowingly accept, request, or solicit information from children or

knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection

Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to

us without the requisite and verifiable parental consent, we will delete that information from the Site as

quickly as is reasonably practical.

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

YOUR ACCOUNT AND 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.

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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.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws

of the State of Maryland applicable to agreements made and to be entirely performed within the State of

Maryland, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of

Use (each a "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

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those

Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU

UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial

Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s

Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are

available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer

Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and

expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or

online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless

requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if

the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law,

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the arbitration will take place in United States County, Maryland. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,

modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or

prosecuted in the state and federal courts located in United States County, Maryland, and the Parties

hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with

respect to venue and jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information

Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more

than one (1) years after the cause of action arose. 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.

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.

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.

DISCLAIMER

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

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WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

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 LESSER OF THE AMOUNT

PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF

ACTION ARISING OR $25,000.00 USD. CERTAIN STATE 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 RIGHTS.

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

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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.

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.

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.

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.

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

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