Terms of Service
These TERMS OF SERVICE (this “Agreement”) concern the MoreThanMe.com website (together with its pages and features, the “Site”) and all associated services described further below (the “Services”). This Agreement is made and entered into by and between you and anyperson helping you access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and More Than Me, LLC (“More Than Me”),on the other side. You and More Than Me are sometimes referred to herein each as a “Party”, and collectively as the “Parties”.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR THESERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND MORE THAN ME. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.
YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE OR THE SERVICES; AND YOUR CONTINUING ACCESSOR USE OF ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SITE OR THE SERVICES.
MORE THAN ME MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THIS OR ANOTHER PAGE OF THE SITE, AS MORE THAN ME DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE OR THE SERVICES.
The Site is offered only to users eighteen (18) years of age or older, or otherwisethe age of majority in each user’s respective jurisdiction, and who have accepted thisAgreement. By accessing or using the Site or the Services, you represent and warrant to More Than Me that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Site or the Services.
b. Express Consent to Video Materials and Services Information. YOU HEREBY EXPRESSLY CONSENT TO MORE THAN ME’S DISCLOSURE TO ITS AFFILIATES AND OTHER THIRD PARTIES OF INFORMATION THAT IDENTIFIES YOU AS HAVING REQUESTED OR OBTAINED SPECIFIC VIDEO MATERIALS OR SERVICES FROM MORE THAN ME. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH DISCLOSURE SHALL VIOLATE THE VIDEO PRIVACY PROTECTION ACT OR ANY OTHER APPLICABLE LAWS, RULES, OR REGULATIONS.
3. Description of Services.
The following further describes a few of the various Services offered or provided on or through the Site. More Than Me reserves the right, but not the obligation, to change or otherwise alter the operation, features, and content of the Services as More Than Me sees fit in its sole discretion from time to time.
a. Content Distribution Services; Event Advertising. The Services include More Than Me’s publication, distribution, or transmission of the various articles, messages, videos, podcasts, recordings, photos, images, graphics, software and other content owned or licensed by Altitude on or through the Site, as well as event advertising and event marketing services.
b. Instant Messaging. The Services include the use of an instant messaging feature powered by a third-party vendor Tidio, and made available on or through the Site. You may onlyuse this instant messaging feature to communicate directly with More Than Me about the Site.
c. Platform for Product Purchases. The Services include the provision of a platform that allows you to purchase select products provided by More Than Me or third parties on or through the website (e.g., certain books, merchandise, and event tickets).
d. Relationship. IN NO EVENT SHALL THIS AGREEMENT, THE PERFORMANCE OF A PARTY’S RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE SITE, A PARTY’S ACCESS OR USE OFTHE SITE OR THE SERVICES, OR A PARTY’S OFFERING, MARKETING, PROVISION, PERFORMANCE, ACCEPTANCE OR USE OF ANY PRODUCT OR SERVICE ON, THROUGH, OR IN RELATION TO THE SITE CREATE ANY TYPE OF FIDUCIARY, FRANCHISE, AGENCY, EMPLOYMENT, INDEPENDENT CONTRACTOR, PARTNERSHIP, OR JOINT VENTURE RELATIONSHIP BETWEEN MORE THAN ME, YOU OR ANY OTHER USER OF THE SITE.
e. Parental Control. THE SERVICES MAY INCLUDE THE PUBLICATION, DISTRIBUTION OR TRANSMISSION OF CERTAIN CONTENT THAT MAY NOT BE SUITABLE FOR CHILDREN. SUCH CONTENT IS INTENDED ONLY FOR PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. MORE THAN ME IS NOT RESPONSIBLE FOR POLICING, AND DOES NOT TRACK OR POLICE, THE AGE ORMATURITY OF ITS VIEWERS. THAT RESPONSIBILITY FALLS ON YOU OR THE PARENT OR LEGAL GUARDIAN OF ANY CHILD WHO MAY VIEW SUCH CONTENT. IN OTHER WORDS, VIEWER DISCRETION IS ADVISED.
4. Your Devices.
Certain portions of the Site may be configured for, and More Than Me. may offer the Site through, certain computers, tablets, smart phones or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your accessand use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly accessand use the Site. More Than Me does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or yourDevice’s carrier or network) may be communicated to More Than Me and/or certain third parties (such as, by way of example only, your Device’s carrier or network).
ALL OR ANY PART OFTHE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR ACCESS OR USE OF THE SITE. MORE THAN ME IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.
The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by More Than Me. In no event shall you have or retain any rights, title, or interests in or to thefore going other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of More Than Me’s or it’s licensors’ respective rights and remedies under applicable law. For the avoidance of doubt, this Agreement permits you to use the Site and the Services for your personal, non-commercial use only.
6. User Account.
a. Registration. As explained further herein, to secure the right to access and use the registration-only pages or features of the Site, you must register with and create a personal user account with More Than Me through the Site (a “User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as More Than Me may require from time-to-time.As part of the registration process, you may be required to satisfy certain conditionsprecedent imposed by More Than Me (including, for example, providing additional information to More Than Me and entering into additional agreements with More Than Me). Unless otherwise permitted by More Than Me in writing, you may only have one (1) non-transferable User Account.
b. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use, or receive all or any part of the Site and/or More Than Me’s termination of this Agreement. For the sake of security, you must immediately notify More Than Me if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, More Than Me has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your UserAccount to facilitate the exercise and performance of More Than Me’s rights and obligations under this Agreement (including, without limitation, the Services), the operation of the Site, and/or any other rights, obligations, operations, products, and services related to the Site, the Services, your User Account, or the subject matter of this Agreement (including, without limitation, payments, and communications).
c. Indemnification in Connection with User Account.
IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 6(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS, AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS MORE THAN ME, MORE THAN ME’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYFEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR INCONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.
7. Rights, Permissions, and Consents.
a. License of the Site. Subject to the terms and conditions of this Agreement, More Than Me grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. You must not access or usef or any commercial purposes any part of the Site or any services or materials (including, without limitation, the Services) available on or through the Site. Your unauthorized useof the Site, or any breach by you of this Agreement, automatically terminates this license.
b. License of User Materials. All names, videos, photographs, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Site, including those which you submit to or publish on any online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Site, if any and as applicable, is herein after defined as the “UserMaterials”. You hereby grant More Than Me an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for More Than Me to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any language, manner, medium, or form, whether now known or hereinafter devised, as More Than Me sees fit in its sole discretion.
c. Reservation of Rights. Nothing in this Agreement restricts or limits More Than Me’s rights, title, or interests in or to the Site, the Services, the User Materials, or any elements or derivatives of the foregoing.
D. Warnings; Disclaimers. PLEASE NOTE THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, MORE THAN ME IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OFANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
8. Suspension or Termination of Service; Disclaimer.
More Than Me has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site. MORE THAN ME SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGETHAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSION OR TERMINATION (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OFSERVICE, OR LOSS OF CONTENT).
9. Products and Services.
More Than Me or its affiliates or licensees might offer, sell, license, orotherwise make available various products or services (which may include More Than Me’s own products and services or the products and services of third parties) on, through, or in relation to the Site, some of which might only be made available to you upon completion andsubmission of an online form or other instructions provided to you by More Than Me. or which may be available exclusively online or in limited quantities on or through the Site. More Than Me has the right to refuse its products and services to you or to any geographic region or jurisdiction, including if it suspects that you are in any way involved in fraudulent or illegal activity and may contact your payment method issuer, law enforcement, or others and share information relating to your payments, as applicable, if More Than Me believes doing so will prevent a violation of the law or financial loss. Prices for, and descriptions of, any productsor services offered on or through the Site are subject to change without notice and in the sole discretion of More Than Me. More Than Me reserves the right to discontinue any product or service at any time.
10. Payments; Transactions.
a. Sales Transactions. Sales transactions conducted on or through the Site will take placethrough a third-party online shopping cart system (the “Shopping Cart”) and will besubject any additional terms and conditions of the third-party vendor hosting the Shopping Cart (whether hosted through the e-commerce platform or another third-party vendor). Once you proceed to “check-out” or the like, you will be able toreview your order, update quantities, remove items, and enter promotional codes, if any, as applicable.
b. Cancellation of Transactions. More Than Me reserves the right to refuse any order you place. More Than Me may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that More Than Me makes a change to or cancels any of your orders, More Than Me may attempt to notify you by contacting the billing address, phone number, or email provided at the time the order was placed. More Than Me further reserves the right to limit or prohibit orders that, in More Than Me’s sole discretion, appear to beplaced by dealers, resellers, or distributors.
c. Payment Authorization. If you provide More Than Me with your payment information, then you authorize More Than Me to do the following as More Than Me deems necessary, although More Than Me has no obligation to do so: (i) share your payment information with its third-party payment processing vendor(s); (ii) obtain your updated payment information fromyour payment issuer and/or More Than Me’s third-party payment processing vendor(s); and(iii) use your payment information to charge payments that accrued under your accounts with More Than Me in accordance with this Agreement.
d. Payment Obligations. You agree that you are responsible for the payment of all amountsthat accrue under your account(s) with More Than Me, the Site, or in relation to the performance of the Services, if any.e. Waiver of Claims in Connection with Unauthorized Payments. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST MORE THAN ME AND ITS AFFILIATES RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH, OR INRELATION TO YOUR ACCOUNT(S) WITH MORE THAN ME, MORE THAN ME’S THIRD-PARTY SELLERS AND PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS, OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED.
f. Limited Refunds. All payments of any amounts made on, through, or regarding the Siteor any products or services offered, marketed, sold or provided on, through, or in relationto the Site (including, without limitation, the Services) are final, irrevocable, and not subject to or eligible for refund or return, in whole or in part, unless otherwise expressly stated in this Agreement or as provided in the Site’s Refund Policy.
11. Electronic Communications.
a. Express Consent. YOU HEREBY EXPRESSLY CONSENT TO MORE THAN ME, ITS AFFILIATES, ANDANY OF THEIR RESPECTIVE VENDORS SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE (INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND OTHER COMMERCIAL E-MAILS, INFORMATIONAL E-MAILS, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), WHETHER THROUGH THE SITE OR BY E-MAIL, ONLINE SOCIAL MEDIA, OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE CAN-SPAM ACT OR ANY OTHER APPLICABLE LAWS, RULES, OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES,AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME.
b. Opt-Out. You may opt-out of receiving any electronic messages from More Than Me as described in Section 11(a) above at any time by any reasonable means, including, withoutlimitation and by way of example, by sending an e-mail to [email protected] with asubject line of “Opt-Out of Electronic Communications”. You acknowledge that optingout of receiving any such communications may impact your receipt, the success, and/orthe performance of all or any part of the Site and/or your ability to receive certainmessages or notifications from More Than Me.
More Than Me does not accept unsolicited materials or ideas for content. You acknowledge and agree that neither More Than Me, nor any of More Than Me’s parents, subsidiaries,or other affiliates, nor any of their respective officers, directors, managers, owners, partners,agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, orlicensees are responsible or liable to you for the similarity of any information or contentsubmitted, published, provided, or made available by you on, through, or in relation to theSite or the Services.
13. Prohibited Activities.
You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act thatinfringes or otherwise violates the intellectual property, privacy, or publicity rights of anyperson or entity (including, without limitation, the copyrights, trademarks, patents, and tradesecrets held by More Than Me or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or inpart, or the creation of any derivative works of the foregoing (unless expressly authorized by More Than Me herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion ofprivacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information orprivate facts without his/her/its prior written consent; (f) the publication of any machine,computer, or randomly generated content; (g) supplying or publishing any information orstatements on, through, or in relation to the Site that is false, misleading, deceptive, orincorrect; (h) any act intended or designed to drive traffic to or boost the search rankings ofthird-party websites, networks, platforms, servers, or applications; (i) the systematic retrievalor copying of any information or content found on, through, or in relation to the Site or itsservers to directly or indirectly create or compile, in whole or in part, a collection,compilation, database, or directory; (j) the use of any software, program, process, device,application, or routine (including, by way of example only, robots, scrapers, spiders, viruses,spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with orimpermissibly access, in whole or in part, the Site or its servers; (k) any act that involves orconcerns decrypting, security bypassing or circumventing, hacking, data mining, datascraping, data harvesting, reverse engineering, decompiling, disassembling, attempting toderive source code, modifying, copying or the like on, through, or in relation to the Site or itsservers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with theinfrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorizedaccess to computer systems, networks, information, or materials on, through, or in relation tothe Site or its servers; or (n) any other act that Hollis Co. becomes aware of and believes ingood faith is improper, illegal, or harmful to the Site, its servers, or any person, entity, orproperty.
14. Links to Other Sites, Apps, Networks, Platforms and Servers.
a. Linked Technologies. The Site, or any communications sent on, through, or as a functionof the Site, may contain links to third-party websites, networks, platforms, servers, orapplications, and, similarly, third-party websites, networks, platforms, servers,applications, or communications may contain links to the Site (collectively, “LinkedTechnologies”). The Linked Technologies are not under the control of More Than Me The Site and any such communications contain the outgoing links as a convenience to you, iffor any purpose.
15. Take Down.
More Than Me reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, statements, names,photographs, information, and/or content made or submitted by you or others on or through the Site that More Than Me believes, at any time and in its sole discretion, to be infringing orotherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person orentity; profane, indecent or obscene; derogatory in terms of race, nationality, religion,gender, gender identification, sexual orientation or otherwise; threatening; abusive; false,misleading or deceptive; or otherwise illegal or something that More Than Me considers unsuitable for the Site or its users.
16. User Representations, Warranties, and Covenants.
You represent, warrant and covenant to More Than Me that: (a) you are a natural person and of eighteen (18) years of age or older, orotherwise the age of majority in your jurisdiction; (b) you have read and understand thisAgreement in its entirety; (c) you have the full right and authority to enter into and abide bythe terms and conditions of this Agreement; (d) you understand and acknowledge that, byaccepting this Agreement, you are giving up certain legal rights and remedies; (e) youvoluntarily accept and agree to, and will fully comply with, the terms and conditions of thisAgreement; (f) you will not violate any applicable international, federal, state, or local lawswhich may concern the Site, the Site’s servers or any information, communications, orcontent found on or through them; (g) you are the exclusive owner of all rights, title, andinterests in and to the User Materials (including, without limitation, all copyrights,trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, ifapplicable, have secured all necessary rights and permissions from all subjects depicted in,and all persons and entities who contributed to, the User Materials to allow for yourperformance and grant of rights hereunder; (h) the User Materials are wholly original to you;(i) the User Materials do not and will not infringe upon or otherwise violate the proprietary,publicity, or privacy rights of any person or entity; (j) the User Materials do not and will notdefame, disparage, embarrass, or disclose confidential, private, or personal information aboutor belonging to any person or entity; (k) nothing contained in the User Materials is or will be,or contains or will contain, links to material that is profane, indecent, obscene, threatening,abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, orother malicious or tracking technology; (l) More Than Me is not required to seek the permissionof or compensate any third party to exercise any of the rights granted by you under thisAgreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrictyour performance or grant of rights hereunder; (n) all information you provide to More Than Me in connection with your access or use of the Site and/or the Services is truthful and accurate;and (o) you are not listed on any United States government list of prohibited or restrictedparties.
17. Disclaimers and Limitations.A. General Disclaimer.
YOUR ACCESS OR USE OF THE SITE OR ANY PRODUCTS OR SERVICESMADE AVAILABLE TO YOU ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING,WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE,THOSE PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), THESUCCESS OR PERFORMANCE OF THE SITE OR THOSE PRODUCTS AND SERVICES (INCLUDING,WITHOUT LIMITATION, THE SERVICES) AND ALL INFORMATION, COMMUNICATIONS, CONTENTAND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON,THROUGH, OR IN RELATION TO THE SITE OR THOSE PRODUCTS AND SERVICES (INCLUDING,WITHOUT LIMITATION, THE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS”, “WHERE IS”, “ASAVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY. HOLLIS CO.DOES NOT MAKE, NOR HAS HOLLIS CO. MADE, ANY REPRESENTATIONS OR WARRANTIES OFANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN, OR EXPRESS ORIMPLIED) TO YOU WITH RESPECT TO THE SITE, ANY OF THOSE PRODUCTS AND SERVICES(INCLUDING, WITHOUT LIMITATION, THE SERVICES), ANY SUCH INFORMATION,COMMUNICATIONS, CONTENT, AND FEATURES OR THEIR SUCCESS, PERFORMANCE,FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, ORSAFETY. MORE THAN ME EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING,TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS,ACCURACY, RELIABILITY, AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSEOF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THOSE PRODUCTSAND SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), ANY SUCH INFORMATION,COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE,FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, ANDSAFETY. MORE THAN ME DOES NOT MAKE, NOR HAS MORE THAN ME MADE, ANY AFFIRMATION OFFACT, PROMISE OR WARRANTY (WHETHER EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THOSE PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THESERVICES), OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, OR FEATURES OR ITSSUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY,RELIABILITY, MARKETABILITY, OR SAFETY THAT EXTENDS BEYOND THE FACE OF THISAGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.
b. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITEMAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OFTHIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF HOLLISCO.’S CONTROL. ACCORDINGLY, HOLLIS CO. SHALL NOT BE RESPONSIBLE FOR, ANDEXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGESASSOCIATED WITH THE SITE WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS, OR OTHER FAILURES OF, OR PROBLEMS WITH, THE SITE WHICH AREOUTSIDE OF HOLLIS CO.’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULEDMAINTENANCE OR NETWORK FAILURE).
C. Disclaimer About Certain Information, Communications and Content. ANY OPINIONS,ADVICE, REVIEWS, STATEMENTS, OFFERS, OR OTHER INFORMATION, COMMUNICATIONS ORCONTENT FOUND ON, THROUGH OR IN RELATION TO MORE THAN ME, THE SITE, THE SERVICES, ORANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHERWEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVEAUTHORS, AND NOT NECESSARILY THOSE OF MORE THAN ME; THUS, THEY SHOULD NOTNECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THEACCURACY OF SUCH INFORMATION, COMMUNICATIONS, OR CONTENT. MORE THAN ME DOES NOTGUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY, ORUSEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS, OR CONTENT, EVEN IF MORE THAN ME IS THE AUTHOR. MORE THAN ME IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS,RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.UNDER NO CIRCUMSTANCES SHALL MORE THAN ME BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOURRELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS, OR CONTENT.
D. Limitation of Liability. IN NO EVENT SHALL MORE THAN ME, ANY OF MORE THAN ME’S PARENTS,SUBSIDIARIES, OR OTHER AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES,ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES BE HELD LIABLE TO (OR BEOBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES,LOST PROFITS, REPLACEMENT COSTS, OR REPAIR COSTS) CAUSED BY OR ARISING FROM ORIN CONNECTION WITH: (I) YOUR ACCESS OR USE OF THE SITE, OR YOUR INABILITY TO ACCESSOR USE THE SITE OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES) MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE; (III)ANY STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR INRELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES); (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURPERSONAL INFORMATION; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITYBREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOURPERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATINGSYSTEM(S), FILE(S), CARRIER(S) OR NETWORK(S); (VI) ANY TRANSMISSION, DOWNLOAD ORINFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION ORROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS,SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISEOF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATINGSYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S); (VII) THE FACT THAT YOU HAVE RELIED ONANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR INRELATION TO THE SITE OR ANY SUCH PRODUCTS OR SERVICES (INCLUDING, WITHOUTLIMITATION, THE SERVICES); OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTYPROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICESOFFERED (INCLUDING, WITHOUT LIMITATION, THE SERVICES), SOLD, LICENSED, OR MADEAVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE, THEN YOUR SOLE AND EXCLUSIVEREMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE AND SUCH PRODUCTS ANDSERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICES).
e. Limitation of Remedies. IF MORE THAN ME BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL,INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, EXEMPLARY, OR PUNITIVE DAMAGES ARISINGOUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF MORE THAN ME HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
f. No Injunctive Relief. IF MORE THAN ME BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBYWAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS ORSERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING,WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION.FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOESNOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BYLAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICHARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT); PROVIDED, HOWEVER, THATANY SUCH NON-PRECLUDED CAUSE OF ACTION OR CLAIM IN CONNECTION WITH SUCHMONETARY REMEDIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION OR CLAIM ACCRUES, OR ELSE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLYBARRED.
g. Consumer Protections. The disclaimers and limitations set forth in this Section 17 are not intended to limit liability or alter your rights as a consumer that cannot be limited oraltered under applicable law.
18. General Release of Claims.
You hereby release and hold harmless More Than Me, More Than Me’sparents, subsidiaries, and other affiliates, and their respective officers, directors, managers,owners, partners, agents, employees, representatives, trustees, assigns, transferees,contractors, vendors, and licensees from and against all claims that you have or may haveagainst them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, unpaid benefits, unpaid wages, overtime, discrimination, personal injury,property damage, negligence, and/or any other legal theory arising from or in connectionwith the Site, the products or services made available on, through, or in relation to the Site(including, without limitation, the Services), and/or the rights and privileges granted orconveyed by you under this Agreement (including, without limitation, those rights andprivileges relating to the User Materials and/or any elements, derivatives, or marketing of theforegoing). Further, you waive your right to, and in no event shall you seek to, (a) enjoinMore Than Me, any of More Than Me’s officers, directors, members, managers, owners, partners,agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees,assigns, transferees, contractors, vendors, or licensees or (b) exercise any of the rights orprivileges granted or conveyed by you under this Agreement (including, without limitation,the User Materials).You also hereby waive any rights you may have under Section 1542 of the California CivilCode and any other statute or common law principle of similar effect, which provides: “Ageneral release does not extend to claims that the creditor or releasing party does not know orsuspect to exist in his or her favor at the time of executing the release and that, if known byhim or her, would have materially affected his or her settlement with the debtor or releasedparty”.
YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS MORE THAN ME,MORE THAN ME’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVEOFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, ANDLICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS ANDREASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTEDAGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A)YOUR ACTS, ERRORS, OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICESMADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OFTHIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRDPARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.
20. Force Majeure.
More than Me shall not be liable for delays in performance caused by any act ofGod, fire or other casualty, accident, strike, shortage of labor or materials, governmentalaction, industrial disturbance, or any other cause beyond More Than Me’s reasonable control, andthe time for More Than Me’s performance shall be extended by the period of any such delay. More Than Me reserves the right to apportion its production among its customers as it may determine.
21. Termination; Survival.
If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to More than Me, and thefollowing shall survive in perpetuity: (a) all defined terms under this Agreement; (b) allrights and privileges under this Agreement which were granted to or accrued in favor of More than Me, any of More than Me’s parents, subsidiaries, or other affiliates, or any of theirrespective officers, directors, managers, owners, partners, agents, employees, representatives,trustees, assigns, transferees, contractors, vendors, or licensees as of the date of thisAgreement’s termination; (c) all payments which accrued as of the date of termination; (d) alldisclaimers, limitations of liability and limitations of remedies; and (e) all representations,warranties, covenants, certifications, releases, indemnifications, and promises made by youunder this Agreement.
22. Governing Law.
23. Dispute Resolution.
a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes,controversies and claims arising from or concerning this Agreement, any additionalterms, conditions or policies referenced in this Agreement (including the Site’s PrivacyPolicy and Refund Policy), your access or use of the Site or the Services, any transactionsmade on, through, or in relation to the Site, any products or services purchased on,through, or in relation to the Site (including, without limitation, the Services), and/or theParties’ relationship (whether grounded in contract, tort, statute, law, or equity)(collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitrationand Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolutionthereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. EACH PARTYACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTIONPROCEEDING.
b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under thethen-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”),as supplemented by the Federal Rules of Civil Procedure and the Federal Rules ofEvidence if and where applicable as a gap-filler. If there is any conflict between aprovision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules ofEvidence, or this Agreement, then the conflicting provision of this Agreement shallcontrol and govern over the JAMS Rules, the Federal Rules of Civil Procedure and theFederal Rules of Evidence, and the JAMS Rules shall control and govern over theFederal Rules of Civil Procedure and the Federal Rules of Evidence. The construction,interpretation, and enforcement of this section 23 is governed by the Federal ArbitrationAct, 9 U.S.C. §§ 1 et seq.
c. Arbitration Process, Location, and Procedures. The Party initiating the arbitrationproceeding shall serve a written notice of arbitration on the other Party in accordancewith the JAMS Rules. The arbitration shall be held in Franklin County, Washington, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreedto by the parties to the arbitration. All issues or questions concerning either the scope ofthis arbitration clause or the arbitrability of any of the Disputes shall be referred to andfinally decided by the arbitrator. The arbitrator may construe or interpret, but shall notvary or ignore, the terms and conditions of this Agreement and shall be bound byapplicable law.
d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision onthe subject Dispute as soon as practicable and, in any event, not more than forty-five (45)calendar days after the close of evidence and briefing. The arbitrator’s decision shall bewritten, shall be in accordance with applicable law, and shall be supported by writtenfindings of fact and conclusions of law setting forth the basis for his/her decision. Thearbitrator shall have no authority to award punitive, exemplary, or consequentialdamages, unless such an award is authorized by applicable law. The arbitrator shall havethe authority to award attorney fees and expenses if such an award is permitted under thisAgreement or applicable law. Subject to any applicable rights of appeal, the finaldecision of the arbitrator shall be binding and conclusive upon all of the Parties who havebeen served with proper written notice of the arbitration proceeding as required by thissection 23. Judgment on any award rendered by the arbitrator may be confirmed in anystate or federal court having jurisdiction thereof that is located in the State of Washington,United States of America, and may be entered in and enforced by any domestic, foreign,or international court having appropriate subject matter jurisdiction. Any decision,judgment, ruling, finding, award, or other determination of the arbitrator and anyinformation disclosed in the course of any arbitration hereunder shall be kept confidentialby the Parties, and any court order to enforce the decision, judgment, ruling, finding,award, or other determination of the arbitrator shall be filed under seal.e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’sfees and expenses and all other fees and expenses charged by JAMS and/or the arbitratorto administer or conduct the arbitration shall be shared equally among all parties to thearbitration; provided, that the prevailing party of the arbitration may recover an award ofits share of such fees and expenses if such an award is permitted under this Agreement orapplicable law.f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whetherby decision of an arbitrator with binding authority, or otherwise according to thisAgreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Franklin County, Washington, United Statesof America and the United States federal courts in the Western District of Texas, Austin Division, for the litigation of said Dispute, and covenant and agree that neither of theforegoing is an inconvenient venue or forum.
g. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTEIS SUBJECT TO ARBITRATION OR LITIGATION, AND TO THE FULLEST EXTENT PERMITTED BYLAW, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TOPARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHERPROCEEDING, OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OROTHER PROCEEDING.
Unless otherwise expressly stated in this Agreement, More Than Me may give or deliverall other notices to you by means of a general notice posted on this or another page of theSite, as applicable, or by email to your email address as you may provide to More than Me on or through the Site, and such notices shall be deemed effective as of their stated effective dates.
In no event shall this Agreement, the performance of a Party’s rights orobligations under this Agreement, the Site, or a Party’s access or use of the Site or theServices create any type of fiduciary, franchise, agency, employment, independentcontractor, partnership, or joint venture relationship between you and More Than Me.
a. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCEDBY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX”ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OFYOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OFDOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATEYOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THECONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE ANDAGREEMENT TO THIS AGREEMENT ALONE SUFFICES.
b. Excused Performance. More than Me is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of itsreasonable control or that may be characterized as a force majeure event.
c. No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arisingfrom or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorizedon one occasion is effective only in that instance and only for the purpose stated, anddoes not operate as a waiver on any future occasion.
d. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any ofyour rights or obligations under this Agreement without More than Me’s prior writtenconsent in each instance.
e. Construction and Interpretation. This Agreement shall be construed to have been draftedby all of the Parties, so that any rule of construction or interpretation that construes orinterprets ambiguities against the drafter shall have no force or effect.
f. Headings. Section headings are inserted in this Agreement for reference and convenienceonly and shall not interpret, define, limit, or describe the scope, intent, terms, orconditions of this Agreement.
g. Severability. If any term or condition of this Agreement is deemed invalid orunenforceable by the arbitrator or (if applicable) a court of law with binding authority,then the remaining terms and conditions shall not be affected, and said arbitrator or courtof law shall reform the invalidated or unenforceable term or condition to the maximumextent permitted under the law and consistent with the intent of this Agreement.
27. Contact Us.
Please direct any questions you may have about the Site or this Agreement to [email protected] with a subject line of “Website Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modificationof this Agreement.
28. Modification Date.
This Agreement was last updated on January 22, 2020.