Website Terms of Use
Last Updated: 2/9/24. These Terms of Use supersede all prior versions.
CONTACT INFORMATION
Thinking Thumbprint LLC
929 N 145th Street, #33362
Seattle, WA 98133-0362
Email: [email protected]
These Terms of Use (“Terms” or “Terms of Use”) are between you and Thinking Thumbprint LLC ("Company," "we," or "us") and govern your use of MerchantMethod.com, MerchantMath.com, TheMerchantMap.com, RetailShift.co, RetailCharmSchool.com, merchant.tips, Programs.MerchantMethod.com, InFourthPlace.com, and and any other website that links to these Terms, including your purchase of any products (“Product” or “Products”) or services (“Services”) on those websites (“Site” or “Sites”), and including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms carefully before using our Sites, Services, or Products.
By using our Sites, Services, or Products, you accept and agree to be bound and abide by these Terms. These Terms apply to all users of our Sites, Services, or Products, including but not limited to customers, clients, browsers, and contributors of content. If you are using our Sites, Services, or Products on behalf of a company or other legal entity, the term “you” shall refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he, she, or they has the authority to bind the entity to these Terms.
You should review these Terms before accessing any information, sharing any content, or purchasing any of our Products or Services through our Sites. Your continued use of our Sites, Services, or Products after a posted change in these Terms will constitute your acceptance of and agreement to the changes.
Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you. If you have any questions about the following Terms please contact us at the e-mail address stated above.
1. RELIANCE ON INFORMATION POSTED. The information presented on or through our Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and we make no representations as to the commercial utility of any of the information presented on our Sites and we are not providing regulatory, compliance, or legal advice. We do not guarantee that you will achieve any results using any of the ideas, tools, strategies, or recommendations presented, purchased, or otherwise accessed as part of our Sites, Services, or Products. You are solely responsible for making all decisions and taking all actions related to and on behalf of yourself or your business, including ensuring compliance with all applicable laws and regulations. Any reliance you place on information presented or purchased through our Sites is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on our Sites, Services, or Products by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents. All information and content in our Sites or Services will be published in English.
2. USE OF OUR SITES, SERVICES, AND PRODUCTS
2.a. Use of Our Sites and Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Sites and Services for their intended purposes subject to your compliance with these Terms and any of our other policies. You may not copy, modify, distribute, sell, or lease any part of our Sites or Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of our Sites or Services. You may only access our Sites or Services through the interfaces that we provide for that purpose (for example, you may not “scrape” our Sites through automated means or “frame” any part of our Sites), and you may not interfere or attempt to disrupt our Sites.
2.b. Changes to Sites or Services. We reserve the right to modify our Sites or Services or suspend or stop providing all or portions of our Sites or Services at any time and without notice to you. You also have the right to stop using our Sites or Services at any time. At our sole discretion, certain Sites or Services may become unavailable to you. We reserve the right to limit our Sites or Services to any person at any time and for any reason. Descriptions of Services are subject to change without notice.
2.c. Termination of Access to Sites or Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate your access to our Sites, Services, or both at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to all or any part of our Sites, Services, or both. We are not responsible for any loss or harm related to your inability to access or use our Sites or Services.
2.d. Changes to Pricing and Products. Our Sites may offer Products for sale to you. Sales of Products on our Sites are governed as follows:
2.d.i. Pricing. Prices for Products, applicable taxes, and shipping costs are posted on the Site or at the point of purchase. We reserve the right to change the prices for Products and shipping on a going forward basis at any time in our sole discretion. We do our best to ensure that the prices posted for Products are correct, but errors may occur. If we discover an error in the price of any Product, or the availability of a Product you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or canceling it. If we are unable to reach you regarding the error, we will cancel the order and refund the payment to you.
2.d.ii. Products. We reserve the right to modify or discontinue or change a Product at any time and without notice to you. We may, in our sole discretion, limit or cancel quantities of any Product we offer on our Sites. We make reasonable efforts to represent each Product as it will be delivered to you, but you understand and agree that the final Products delivered to you may differ in appearance from the images and descriptions provided at the time you place your order. For Product issues and related questions, please email us at the e-mail address stated above.
2.d.iii. Products Not For Resale. Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations, and ordinances in connection with your use of any Products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any Product in violation of such laws and/or regulations. You will defend and hold us harmless against all claims, damages, or liability resulting from your breach of the foregoing.
2.e. Cancellations. If you have any requests for order cancellations, please contact us at the e-mail address stated above.
3. ACCOUNT SECURITY.
3.a. You may need to register for an account to purchase Products or otherwise engage our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You agree that all information you provide to us through our Sites or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.b. Account Maintenance. You are responsible for all conduct and transactions that take place on or using your account. You will take precautions to keep your password and other account information secure. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access or use your account, you are responsible for the activities of such users that occur in connection with your account. You also agree to ensure that you log out from your account at the end of each session. You should use special caution when accessing your account from a public or shared computer so that others are not able to view or record your password, credit card, or other personal information.
3.c. Communications From Us. By creating an account or submitting contact information to us, you agree to accept and receive communications from us, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems which may deliver prerecorded messages sent by or on behalf of us or our affiliated companies, including but not limited to communications concerning orders placed through your account on our Sites. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by using the unsubscribe mechanism included in the message, where applicable.
4. THIRD-PARTY PRODUCTS AND CONTENT. We do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Sites, nor do we assume responsibility for your interactions with any third parties. You further agree that we do not warrant or guarantee that any product information contained in our Sites is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. We do not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through our Sites, you agree that you do so at your own risk and that we will have no liability based on such purchase, use, or access.
5. PROHIBITED CONDUCT AND CONTENT.
5.a. When accessing our Sites, engaging our Services, purchasing Products, or otherwise using our Sites, you are solely responsible for your conduct and you may not violate any applicable law, contract, intellectual property right, or other third-party right, or commit any torts. In addition, you will not use our Sites or our content to:
CONTACT INFORMATION
Thinking Thumbprint LLC
929 N 145th Street, #33362
Seattle, WA 98133-0362
Email: [email protected]
These Terms of Use (“Terms” or “Terms of Use”) are between you and Thinking Thumbprint LLC ("Company," "we," or "us") and govern your use of MerchantMethod.com, MerchantMath.com, TheMerchantMap.com, RetailShift.co, RetailCharmSchool.com, merchant.tips, Programs.MerchantMethod.com, InFourthPlace.com, and and any other website that links to these Terms, including your purchase of any products (“Product” or “Products”) or services (“Services”) on those websites (“Site” or “Sites”), and including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms carefully before using our Sites, Services, or Products.
By using our Sites, Services, or Products, you accept and agree to be bound and abide by these Terms. These Terms apply to all users of our Sites, Services, or Products, including but not limited to customers, clients, browsers, and contributors of content. If you are using our Sites, Services, or Products on behalf of a company or other legal entity, the term “you” shall refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he, she, or they has the authority to bind the entity to these Terms.
You should review these Terms before accessing any information, sharing any content, or purchasing any of our Products or Services through our Sites. Your continued use of our Sites, Services, or Products after a posted change in these Terms will constitute your acceptance of and agreement to the changes.
Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you. If you have any questions about the following Terms please contact us at the e-mail address stated above.
1. RELIANCE ON INFORMATION POSTED. The information presented on or through our Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and we make no representations as to the commercial utility of any of the information presented on our Sites and we are not providing regulatory, compliance, or legal advice. We do not guarantee that you will achieve any results using any of the ideas, tools, strategies, or recommendations presented, purchased, or otherwise accessed as part of our Sites, Services, or Products. You are solely responsible for making all decisions and taking all actions related to and on behalf of yourself or your business, including ensuring compliance with all applicable laws and regulations. Any reliance you place on information presented or purchased through our Sites is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on our Sites, Services, or Products by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents. All information and content in our Sites or Services will be published in English.
2. USE OF OUR SITES, SERVICES, AND PRODUCTS
2.a. Use of Our Sites and Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Sites and Services for their intended purposes subject to your compliance with these Terms and any of our other policies. You may not copy, modify, distribute, sell, or lease any part of our Sites or Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of our Sites or Services. You may only access our Sites or Services through the interfaces that we provide for that purpose (for example, you may not “scrape” our Sites through automated means or “frame” any part of our Sites), and you may not interfere or attempt to disrupt our Sites.
2.b. Changes to Sites or Services. We reserve the right to modify our Sites or Services or suspend or stop providing all or portions of our Sites or Services at any time and without notice to you. You also have the right to stop using our Sites or Services at any time. At our sole discretion, certain Sites or Services may become unavailable to you. We reserve the right to limit our Sites or Services to any person at any time and for any reason. Descriptions of Services are subject to change without notice.
2.c. Termination of Access to Sites or Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate your access to our Sites, Services, or both at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to all or any part of our Sites, Services, or both. We are not responsible for any loss or harm related to your inability to access or use our Sites or Services.
2.d. Changes to Pricing and Products. Our Sites may offer Products for sale to you. Sales of Products on our Sites are governed as follows:
2.d.i. Pricing. Prices for Products, applicable taxes, and shipping costs are posted on the Site or at the point of purchase. We reserve the right to change the prices for Products and shipping on a going forward basis at any time in our sole discretion. We do our best to ensure that the prices posted for Products are correct, but errors may occur. If we discover an error in the price of any Product, or the availability of a Product you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or canceling it. If we are unable to reach you regarding the error, we will cancel the order and refund the payment to you.
2.d.ii. Products. We reserve the right to modify or discontinue or change a Product at any time and without notice to you. We may, in our sole discretion, limit or cancel quantities of any Product we offer on our Sites. We make reasonable efforts to represent each Product as it will be delivered to you, but you understand and agree that the final Products delivered to you may differ in appearance from the images and descriptions provided at the time you place your order. For Product issues and related questions, please email us at the e-mail address stated above.
2.d.iii. Products Not For Resale. Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations, and ordinances in connection with your use of any Products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any Product in violation of such laws and/or regulations. You will defend and hold us harmless against all claims, damages, or liability resulting from your breach of the foregoing.
2.e. Cancellations. If you have any requests for order cancellations, please contact us at the e-mail address stated above.
3. ACCOUNT SECURITY.
3.a. You may need to register for an account to purchase Products or otherwise engage our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You agree that all information you provide to us through our Sites or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.b. Account Maintenance. You are responsible for all conduct and transactions that take place on or using your account. You will take precautions to keep your password and other account information secure. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access or use your account, you are responsible for the activities of such users that occur in connection with your account. You also agree to ensure that you log out from your account at the end of each session. You should use special caution when accessing your account from a public or shared computer so that others are not able to view or record your password, credit card, or other personal information.
3.c. Communications From Us. By creating an account or submitting contact information to us, you agree to accept and receive communications from us, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems which may deliver prerecorded messages sent by or on behalf of us or our affiliated companies, including but not limited to communications concerning orders placed through your account on our Sites. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by using the unsubscribe mechanism included in the message, where applicable.
4. THIRD-PARTY PRODUCTS AND CONTENT. We do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Sites, nor do we assume responsibility for your interactions with any third parties. You further agree that we do not warrant or guarantee that any product information contained in our Sites is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. We do not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through our Sites, you agree that you do so at your own risk and that we will have no liability based on such purchase, use, or access.
5. PROHIBITED CONDUCT AND CONTENT.
5.a. When accessing our Sites, engaging our Services, purchasing Products, or otherwise using our Sites, you are solely responsible for your conduct and you may not violate any applicable law, contract, intellectual property right, or other third-party right, or commit any torts. In addition, you will not use our Sites or our content to:
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5.b. Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that Services or our Sites will not contain any content that is prohibited by this section.
6. LINKING TO OUR SITES AND SOCIAL MEDIA FEATURES.
6.a. You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Our Sites may provide certain social media features that enable you to:
6. LINKING TO OUR SITES AND SOCIAL MEDIA FEATURES.
6.a. You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Our Sites may provide certain social media features that enable you to:
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6.b. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
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6.c. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
7. ONLINE STORE TERMS. By agreeing to these Terms, you represent and warrant that you are of legal age in your state or province of residence to form a binding contract with us, or that you are of legal age in your state or province of residence to form a binding contract with us and you have given us your consent to allow any of your minor dependents to use and/or purchase our products or otherwise engage our Services or purchase our Products. Our Sites and Services are not intended for use by anyone under the age of 13. If you are under the age of 13, do not use our Sites or Services. You may not use our Products or Services to violate any law in your jurisdiction or for illegal or unauthorized purposes. A violation of any of the Terms will result in an immediate termination of our Services, including cancellation of any orders you make with us.
8. ORDER ACCEPTANCE AND CANCELLATION. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products or Services to you. We reserve the right to refuse to provide Services to anyone for any reason at any time. Upon completion of an order, you will receive a confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. We are also not responsible for any errors you may make when attempting to purchase Products, order Services, or for any errors, incompatibility, or defects caused by your computers, routers, monitors, or other computer equipment.
9. REFUND POLICY.
Except as otherwise specified on our Sites, all Products and Services are non-returnable. We do not offer refunds in any circumstances for Services or Products. We are not an IT service provider and do not provide technical support.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) your credit card will cover the charges incurred by you, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any. You also agree to promptly update this information in your account or with us if any of it changes so that we may fulfill your order and contact you.
11. INTELLECTUAL PROPERTY RIGHTS.
11.a. Our Services, the Product that we have developed, Sites and the contents, features, and functionality (including but not limited to all products for sale, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of our Sites or Services (“Company Property”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Company Property for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material to the Company Property or any of the material you may purchase from us, except as follows:
7. ONLINE STORE TERMS. By agreeing to these Terms, you represent and warrant that you are of legal age in your state or province of residence to form a binding contract with us, or that you are of legal age in your state or province of residence to form a binding contract with us and you have given us your consent to allow any of your minor dependents to use and/or purchase our products or otherwise engage our Services or purchase our Products. Our Sites and Services are not intended for use by anyone under the age of 13. If you are under the age of 13, do not use our Sites or Services. You may not use our Products or Services to violate any law in your jurisdiction or for illegal or unauthorized purposes. A violation of any of the Terms will result in an immediate termination of our Services, including cancellation of any orders you make with us.
8. ORDER ACCEPTANCE AND CANCELLATION. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products or Services to you. We reserve the right to refuse to provide Services to anyone for any reason at any time. Upon completion of an order, you will receive a confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. We are also not responsible for any errors you may make when attempting to purchase Products, order Services, or for any errors, incompatibility, or defects caused by your computers, routers, monitors, or other computer equipment.
9. REFUND POLICY.
Except as otherwise specified on our Sites, all Products and Services are non-returnable. We do not offer refunds in any circumstances for Services or Products. We are not an IT service provider and do not provide technical support.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) your credit card will cover the charges incurred by you, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any. You also agree to promptly update this information in your account or with us if any of it changes so that we may fulfill your order and contact you.
11. INTELLECTUAL PROPERTY RIGHTS.
11.a. Our Services, the Product that we have developed, Sites and the contents, features, and functionality (including but not limited to all products for sale, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of our Sites or Services (“Company Property”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Company Property for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material to the Company Property or any of the material you may purchase from us, except as follows:
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11.b. You may not:
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11.c. If you wish to make any use of material to the Company Property other than that set out in this section, please send your request to the e-mail address stated above.
11.d. No right, title, or interest in or to the Company Property is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Company property not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
12. TRADEMARKS. “Merchant Method”, “Thinking Thumbprint”, "Merchant Math", "The Merchant Map", "Retail Shift", "Retail Charm School", "In Fourth Place," "Merchants Like We", "Retail Relief", and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and our names, or logos mentioned on our Sites are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
13. FEEDBACK. You may submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about the Company Property (collectively, “Feedback”). You grant us a perpetual, irrevocable, non-exclusive, and royalty-free license to use such Feedback for any purpose, without acknowledgment or compensation to you, including, without limitation, to develop, distribute, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential. Your Feedback is subject to the Prohibited Conduct and Content policy stated in these Terms. We are not liable to you for any comments posted, shared, or made by other users on our Sites, third party sites, social media platforms, or any other platform.
14. MONITORING AND ENFORCEMENT; TERMINATION.
14.a. We have the right to:
11.d. No right, title, or interest in or to the Company Property is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Company property not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
12. TRADEMARKS. “Merchant Method”, “Thinking Thumbprint”, "Merchant Math", "The Merchant Map", "Retail Shift", "Retail Charm School", "In Fourth Place," "Merchants Like We", "Retail Relief", and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and our names, or logos mentioned on our Sites are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
13. FEEDBACK. You may submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about the Company Property (collectively, “Feedback”). You grant us a perpetual, irrevocable, non-exclusive, and royalty-free license to use such Feedback for any purpose, without acknowledgment or compensation to you, including, without limitation, to develop, distribute, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential. Your Feedback is subject to the Prohibited Conduct and Content policy stated in these Terms. We are not liable to you for any comments posted, shared, or made by other users on our Sites, third party sites, social media platforms, or any other platform.
14. MONITORING AND ENFORCEMENT; TERMINATION.
14.a. We have the right to:
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14.b. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or using materials on or through our Sites. You waive and hold harmless company and each of our owners, members, employees, contractors, representatives, attorneys, agents, suppliers, vendors, partners, successors, and assignees (individually and collectively, the “Company Parties”) from any claims resulting from any action taken by us and any of the foregoing parties during, or taken as a consequence of, investigations by either company or law enforcement authorities.
14.c. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
15. DISCLAIMER OF WARRANTIES. Your use of our Sites, Services, and Products is at your sole risk and we are not liable for any product recalls of Products. You assume the entire risk as to the quality and performance of our Sites, Services, and Products. We do not guarantee, represent, or warrant that your use of our Sites, Services, and Products will be uninterrupted, timely, secure, error-free, will meet your expectations or standards, or will be appropriate for your diet, medical condition, lifestyle, or nutrition. Except as otherwise provided in a writing by us, our Services and Products delivered to you through our Sites are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representations as to the commercial utility of any of our Services provided or Products delivered to you through our Sites and we are not providing any legal, financial, or medical advice to you or any other parties. We do not guarantee that you will achieve any results using any of the ideas, strategies, products, or recommendations presented as part of or delivered through our Sites, and nothing said or communicated to you is or should be construed as a promise or guarantee to you of any results. You accept and agree that you are solely responsible for making all decisions and taking all actions related to and on behalf of yourself and/or your business with regard to our Sites, Services, or Products. While we attempt to make your use of our Sites, and any content therein, safe, we cannot and do not represent or warrant that our Sites, including any Service or Product you may purchase, or servers that enable us to provide our Sites, Services, or Products are free of viruses or other harmful components or materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Sites or any Services or items obtained through our Sites or to your downloading of any material posted on it, or on any website linked to it.
16. LIMITATION OF LIABILITY.
16.a. In no case shall Company or the Company Parties (as defined above) be liable for:
14.c. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
15. DISCLAIMER OF WARRANTIES. Your use of our Sites, Services, and Products is at your sole risk and we are not liable for any product recalls of Products. You assume the entire risk as to the quality and performance of our Sites, Services, and Products. We do not guarantee, represent, or warrant that your use of our Sites, Services, and Products will be uninterrupted, timely, secure, error-free, will meet your expectations or standards, or will be appropriate for your diet, medical condition, lifestyle, or nutrition. Except as otherwise provided in a writing by us, our Services and Products delivered to you through our Sites are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representations as to the commercial utility of any of our Services provided or Products delivered to you through our Sites and we are not providing any legal, financial, or medical advice to you or any other parties. We do not guarantee that you will achieve any results using any of the ideas, strategies, products, or recommendations presented as part of or delivered through our Sites, and nothing said or communicated to you is or should be construed as a promise or guarantee to you of any results. You accept and agree that you are solely responsible for making all decisions and taking all actions related to and on behalf of yourself and/or your business with regard to our Sites, Services, or Products. While we attempt to make your use of our Sites, and any content therein, safe, we cannot and do not represent or warrant that our Sites, including any Service or Product you may purchase, or servers that enable us to provide our Sites, Services, or Products are free of viruses or other harmful components or materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Sites or any Services or items obtained through our Sites or to your downloading of any material posted on it, or on any website linked to it.
16. LIMITATION OF LIABILITY.
16.a. In no case shall Company or the Company Parties (as defined above) be liable for:
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16.b. Because some states or other jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The limitations set forth in this section will not limit or exclude liability for gross negligence, fraud, or intentional misconduct of Company or the other Company Parties or for any other matters in which liability may not be excluded or limited under applicable law.
17. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company and the Company Parties from and against any losses, liabilities, claims, demands, damages, expenses, and costs arising from or due to your violation of these Terms and the documents they incorporate by reference. You agree to promptly notify Company and the Company Parties of any third-party claims, cooperate in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees and costs).
18. DISPUTES & ARBITRATION.
18.a. This Section 18 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Company and the Company Parties, including but not limited to those that arise out of or relate to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Sites, Services, or Products, including receipt of any advertising or marketing communications or any information; (iii) any transactions through, by, or using the Sites, Services, or Products, including any goods or services purchased or sold through, by, or using the Sites or your consumption or use of those Products or Services; or (iv) any other aspect of your relationship or transactions with Company and the Company Parties as a consumer.
18.b. Informal Dispute Resolution.
18.b.i. Before initiating formal proceedings, you, Company and the Company Parties agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, her, or their dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to the e-mail address stated above.
18.b.ii. Your written description must be on an individual basis and personally signed, and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.
18.b.iii. You and Company and the Company Parties agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above.
18.c. For residents of the United States, you agree to the following mandatory arbitration provisions:
18.c.i. Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Company and the Company Parties agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to: (1) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (2) access to or use of the Sites, Products, or Services, including receipt of any advertising or marketing communications and/or any information contained on the Products or Services; (3) any transactions through, by, or using the Sites, including any Products or Services purchased or sold through, by, or using the Sites and any consumption or use of those Products and Services; or (4) any other aspect of your relationship or transactions with Company and the Company Parties as a consumer. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.
18.c.ii. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
18.c.iii. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
18.c.iv. Trial by jury waiver. You acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Company and the Company Parties are each waiving the right to a trial by jury.
18.c.v. Class, collective, representative action waiver. You acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Company and the Company Parties are each waiving the right to bring, join, or participate in, either as a plaintiff or class member, in any purported class, collective, or representative action or proceeding. You also acknowledge and agree that, unless you and company and the company parties otherwise agree in writing, any arbitration of any claim(s) within the scope of this arbitration agreement will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You further acknowledge that the arbitrator may award relief only in your favor and only to the extent necessary to provide relief necessitated by your individual claim(s), and any relief awarded cannot affect other Company and Company Parties users. The arbitrator may not consolidate more than one person’s claims or engage in any class, collective, or representative arbitration.
18.c.vi. Opt-out of Mandatory Arbitration. You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Company and the Company Parties at the e-mail address stated above with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
18.c.vii. Changes to Agreement to Arbitrate. If Company changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and Company and the Company Parties.
18.c.viii. Except as described below for California residents, the arbitration shall be administered by JAMS under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at https://www.jamsadr.com/consumer-minimum-standards. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.
18.c.ix. The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Company and the Company Parties. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Company and the Company Parties .
18.c.x. You and Company and the Company Parties agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
18.c.xi. The arbitration will be held in King County Washington, or a location you and Company and the Company Parties mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company and the Company Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.
18.c.xii. The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.
18.d. Severance Of Arbitration Agreement. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
18.e. Survival Of Arbitration Agreement. Except as otherwise provided in this Section 18, this Arbitration Agreement will survive any termination of the Terms or of your access to the Sites, Services, or Products. This Arbitration Agreement will continue to apply even if you or we close your account.
19. GOVERNING LAW AND VENUE. Any dispute arising from these Terms and your use of our Sites, use of the Services, or any Products purchased from Company will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflicts of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree and irrevocably submit to the exclusive jurisdiction and venue of the state or federal courts residing in King County, Washington, for all matters, disputes, and actions arising under these Terms.
20. SEVERABILITY. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
21. MODIFYING THESE TERMS. We may make changes to these Terms from time to time. If we make changes, we will update the date at the top of these Terms. The amended Terms will be effective immediately, and your continued use of our Sites, Product, or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites, Product, or Services, or both.
22. MISCELLANEOUS.
22.a. The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our Sites or with respect to Services or Products constitutes the entire agreement and understanding between you and us and govern your use of our Sites, Services, or Products superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
22.b. If you have any questions, or comments about these Terms please contact us at the contact information stated above.
22.c. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
17. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company and the Company Parties from and against any losses, liabilities, claims, demands, damages, expenses, and costs arising from or due to your violation of these Terms and the documents they incorporate by reference. You agree to promptly notify Company and the Company Parties of any third-party claims, cooperate in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees and costs).
18. DISPUTES & ARBITRATION.
18.a. This Section 18 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Company and the Company Parties, including but not limited to those that arise out of or relate to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Sites, Services, or Products, including receipt of any advertising or marketing communications or any information; (iii) any transactions through, by, or using the Sites, Services, or Products, including any goods or services purchased or sold through, by, or using the Sites or your consumption or use of those Products or Services; or (iv) any other aspect of your relationship or transactions with Company and the Company Parties as a consumer.
18.b. Informal Dispute Resolution.
18.b.i. Before initiating formal proceedings, you, Company and the Company Parties agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, her, or their dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to the e-mail address stated above.
18.b.ii. Your written description must be on an individual basis and personally signed, and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.
18.b.iii. You and Company and the Company Parties agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above.
18.c. For residents of the United States, you agree to the following mandatory arbitration provisions:
18.c.i. Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Company and the Company Parties agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to: (1) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (2) access to or use of the Sites, Products, or Services, including receipt of any advertising or marketing communications and/or any information contained on the Products or Services; (3) any transactions through, by, or using the Sites, including any Products or Services purchased or sold through, by, or using the Sites and any consumption or use of those Products and Services; or (4) any other aspect of your relationship or transactions with Company and the Company Parties as a consumer. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.
18.c.ii. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
18.c.iii. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
18.c.iv. Trial by jury waiver. You acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Company and the Company Parties are each waiving the right to a trial by jury.
18.c.v. Class, collective, representative action waiver. You acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Company and the Company Parties are each waiving the right to bring, join, or participate in, either as a plaintiff or class member, in any purported class, collective, or representative action or proceeding. You also acknowledge and agree that, unless you and company and the company parties otherwise agree in writing, any arbitration of any claim(s) within the scope of this arbitration agreement will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You further acknowledge that the arbitrator may award relief only in your favor and only to the extent necessary to provide relief necessitated by your individual claim(s), and any relief awarded cannot affect other Company and Company Parties users. The arbitrator may not consolidate more than one person’s claims or engage in any class, collective, or representative arbitration.
18.c.vi. Opt-out of Mandatory Arbitration. You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Company and the Company Parties at the e-mail address stated above with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
18.c.vii. Changes to Agreement to Arbitrate. If Company changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and Company and the Company Parties.
18.c.viii. Except as described below for California residents, the arbitration shall be administered by JAMS under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at https://www.jamsadr.com/consumer-minimum-standards. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.
18.c.ix. The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Company and the Company Parties. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Company and the Company Parties .
18.c.x. You and Company and the Company Parties agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
18.c.xi. The arbitration will be held in King County Washington, or a location you and Company and the Company Parties mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company and the Company Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules.
18.c.xii. The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.
18.d. Severance Of Arbitration Agreement. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
18.e. Survival Of Arbitration Agreement. Except as otherwise provided in this Section 18, this Arbitration Agreement will survive any termination of the Terms or of your access to the Sites, Services, or Products. This Arbitration Agreement will continue to apply even if you or we close your account.
19. GOVERNING LAW AND VENUE. Any dispute arising from these Terms and your use of our Sites, use of the Services, or any Products purchased from Company will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflicts of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree and irrevocably submit to the exclusive jurisdiction and venue of the state or federal courts residing in King County, Washington, for all matters, disputes, and actions arising under these Terms.
20. SEVERABILITY. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
21. MODIFYING THESE TERMS. We may make changes to these Terms from time to time. If we make changes, we will update the date at the top of these Terms. The amended Terms will be effective immediately, and your continued use of our Sites, Product, or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites, Product, or Services, or both.
22. MISCELLANEOUS.
22.a. The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our Sites or with respect to Services or Products constitutes the entire agreement and understanding between you and us and govern your use of our Sites, Services, or Products superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
22.b. If you have any questions, or comments about these Terms please contact us at the contact information stated above.
22.c. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
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