Terms of Use
WEBSITE TERMS OF
USE
Last modified: October 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Sleep
Chill Relax Channel (Website www.sleepchillrelax.com
and YouTube Channel https://www.youtube.com/channel/UCTdqqyztMjB4AehjVznkHNA
aka “The Company”). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, these “Terms
of Use”), govern your access to and use of this website including any content,
functionality, and services offered on or through this website (the “Website”).
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE
TERMS. PLEASE DO NOT USE THE WEBSITE OR PROVIDE INFORMATION TO US IF YOU DO NOT
AGREE TO THESE TERMS.
Please read the Terms of Use carefully before you start to
use the Website. By using the Website you accept and agree to be bound by and
abide by these Terms of Use and our Privacy Policy,
incorporated herein by reference. If you do not want to agree to these Terms of
Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years
of age or older and reside in the United States or any of its territories or
possessions. By using this Website, you represent and warrant that you are of
legal age to form a binding contract with the Company and meet the foregoing
eligibility requirements. If you do not meet these requirements, you must not
access or use the Website.
Changes to the Terms of Use
The Company reserves the right to amend the information,
services, and/or content of this Website, including that related to career
opportunities and benefits, at any time without prior notice, at our sole
discretion. The information and materials contained in this Website, and the
terms and conditions of the access to and use of such information and
materials, are subject to change without notice. We suggest that you check
these terms periodically for changes. If you use this Web Site after we post
changes to the terms, you accept the changed terms. Company expressly reserves
the right to monitor any and all use of this Website.
Accessing the Website and Account Security
The Company grants you permission to view and use the
Website and to share via third party social media websites and applications
individual pages from the Website for your own personal, noncommercial use,
provided that you agree to and accept without modification the notices, terms
and conditions set forth herein. You may not modify, copy (except as set forth
in the preceding sentence), distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information, material, software, products, or services from this Website.
As a condition of your use of this Website, you represent
and warrant to The Company that you will not use this Website for any purpose
that is unlawful, immoral, or prohibited by these terms, conditions, and
notices. Other than this agreement and agreements between you and The Company
relating to the sale of products or services to you through this Website, The Company
will not enter into any agreement with you or obligation to you through this
Website and no attempt to create such an agreement or obligation will be
effective.
The Company will use reasonable commercial efforts to keep
this Website available for access on a 24 hour a day, 7 day a week basis,
subject to scheduled downtime for maintenance purposes, unscheduled maintenance
and systems outages. There are no assurances, however, that access will be
available at all times or uninterrupted. Further, The Company does not warrant
that the operation of this Website will be error-free, that defects will be
corrected, or that this Website or the servers that make it available are free
from viruses or other harmful components.
We reserve the right to withdraw or amend this Website, and
any service or material we provide on the Website, at our sole discretion and without
notice. We will not be liable if for any reason all or any part of the Website
is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users,
including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to
the Website.
Ensuring that all persons who access the Website through
your internet connection are aware of these Terms of Use and comply with them.
It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You
agree that all information you provide to register with this Website or
otherwise, including but not limited to through the use of any interactive
features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
Submissions
While we value your feedback on our Web Site and services,
we request that you be specific in your comments on those services and not
submit any ideas, suggestions, materials, concepts, or other information
(collectively referred to herein as “Non-Solicited Information”). If, despite
our request, you send us any such Non-Solicited Information, all such
Non-Solicited Information shall be deemed, and shall remain, the property of
Company and none of the Non-Solicited Information shall be subject to any
obligation of confidence on our part and we shall not be liable for disclosure
of any Information and shall have unrestricted use of such Information for any
purpose whatsoever, commercial or otherwise, without compensation or liability
to you or any other provider of the Non-Solicited Information.
Representations Related to Resumes or Applications
By submitting a resume or an application for employment to The
Company, you represent that you are seeking employment and career information
from The Company and its affiliates, each of which is an equal opportunity
employer. You agree not to use the Web Site to post any incomplete, false, or
inaccurate biographical information or information which is not your own. You
acknowledge that The Company may distribute your resume within the company or
among its affiliates and may contact any references listed by you. No
representation is given by The Company that any resume will be reviewed within
a definitive period of time, or that any action will be taken, or omitted to be
taken, with respect to such resumes.
Electronic Communications
When you use The Company’s Website or a similar application,
or send e-mails, text messages, or other communications from your desktop or
mobile device to us, you may be communicating with us electronically. You
consent to receive communications from us electronically, such as e-mails, texts,
mobile push notices, or notices and messages on this site or through the other
services offered by us. You are encouraged to retain copies of these
communications for your records. You agree that any communications we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
SMS/Text Message Notifications
When available, you may “opt-in” to SMS/text message
services with The Company. By “opting-in” to or using Company SMS/text message
services, you accept and agree to these SMS/text message terms and conditions.
If you do not agree with these terms and conditions, you must immediately cease
using The Company’s SMS/text message services and “opt-out” or cancel according
to instructions provided by The Company.
For the purposes of these terms and conditions, “opt-in” or
“opting-in” refers to requesting, joining, agreeing to, enrolling in, signing
up for, acknowledging, or otherwise consenting to receive one or more text
messages from The Company. These SMS/text messages may include, but are not
limited to messages providing order acknowledgements, delivery status and
confirmations.
You may cancel SMS/text message services at any time by
following instructions provided by The Company.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to
you from The Company and/or to the Company from you.
If you have any questions regarding privacy, please read our
Privacy Policy.
Product Orders
While we will use reasonable efforts to fulfill all orders, The Company cannot guarantee the availability of any particular product(s) displayed on Website. Nor can The Company guarantee that any price, quality, or quantity of any product displayed on Website remains accurate or error free. Due to limited supplies and fast-changing product and shipping costs, The Company assumes no responsibility for changes and/or errors in pricing, quality, or quantity for any product(s) displayed on Website. The Company reserves the right to discontinue the sale of any product at any time without notice and the right to limit quantities in its sole discretion.
Product prices offered on this Website may vary from other
advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars
and are valid and effective only within the United States, and such prices do
not include shipping and handling or sales taxes, if applicable, which will be
added to your total invoice price. You are responsible for the payment of any
shipping and handling charges and state and local sales or use taxes that may
apply to your order.
Digital Millennium Copyright Act (“DMCA”)
If you believe that any content on this site infringes your
copyrights, you may request removal of such content by providing written notice
to Company at:
sleepchillrelaxchannel@gmail.com
Your name, mailing address, and email address;
A statement identifying the copyrighted material you claim
is infringed, such as a URL linking to an authorized version of the copyrighted
material;
A statement identifying where the allegedly infringing
material is located, such as URL linking to the allegedly infringing material;
A statement that you have a good faith belief that the
allegedly infringing material identified above is not authorized by the
copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the
information in this notice is accurate and that you are the owner of the
copyrighted material or are authorized to act on behalf of the owner of the
copyrighted material; and
An electronic or physical signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
We reserve the right to disregard a notice that is unclear
or otherwise fails to comply with the DMCA. In the event that we determine a
DMCA notice lacks validity, we may refuse to remove the complained of content
in our discretion. Our decision to either remove or leave the content does not
constitute a legal decision about the validity of your claim of infringement or
the possible defenses to a claim. Company reserves all its rights at all times.
Sanctions and Export Policy
You may not use any use any of our services or purchase from
us if you are the subject of U.S. sanctions. You must comply with all U.S. or
other export and re-export restrictions that may apply to goods, technology,
and services.
Intellectual Property Rights
The Website and its entire contents, features, and
functionality (including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned by The Company, its 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.
You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials
in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your
Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of
the Website for your own personal, non- commercial use and not for further
reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for
download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
If we provide social media features with certain content,
you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences,
or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any
part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other
than that set out in this section, please address your request to the email
address set forth on the first page on this webpage.
If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Website in breach of
the Terms of Use, your right to use the Website will stop immediately and you
must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by The Company. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark, and other laws.
Trademarks
The Sleep Chill Relax Channel name and the Sleep Chill Relax
branded logos, headers, images, thumbnail images, and all related names, logos,
product and service names, designs, and slogans of the Company are trademarks
of The Company and/or its affiliates or licensors. You must not use such marks
without the prior written permission of The Company.
Any trademarks or service marks of The Company’s customers
and vendors that may appear on this Web Site are the property of those
associated companies, are used with permission by The Company, and may not be
copied, used, or displayed without the prior written consent of those
associated companies. The Company claims
no trademark rights to any vendor, customer, or association logos that may be used
on this Web Site.
All other names, logos, product and service names, designs,
and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in
accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state,
local, or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other
countries).
For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter”, “spam”, or any
other similar solicitation.
To impersonate or attempt to impersonate The Company, any employee
of The Company, another user, or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Website, or which, as determined by us, may
harm The Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party’s use of the
Website, including their ability to engage in real time activities through the
Website.
Use any robot, spider, or other automatic device, process,
or means to access the Website for any purpose, including monitoring or copying
any of the material on the Website.
Use any manual process to monitor or copy any of the
material on the Website or for any other unauthorized purpose without our prior
written consent.
Use any device, software, or routine that interferes with
the proper working of the Website. Introduce any viruses, Trojan horses, worms,
logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website. Attack
the Website via a denial-of-service attack or a distributed denial-of-service
attack.
You are also prohibited from violating or attempting to
violate the security of the Website, including, without limitation, (a)
accessing data not intended for your viewing or logging into a server or
account which you are not authorized to access, (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization or (c) attempting to
interfere with service to any user, host or network. Violations of system or
network security may result in civil or criminal liability. The Company will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
Otherwise attempt to interfere with the proper working of
the Website.
Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the
Website for any or no reason, including without limitation, any violation of
these Terms of Use.
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
any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE
COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR
SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
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.
Reliance on Information Posed
The factual information contained in this Website is
obtained from sources believed to be reliable and accurate and is made
available solely for general information purposes. Company makes no guarantee
or warranty, express or implied, as to the reliability, accuracy, timeliness or
completeness of that information and is not responsible for any errors or
omissions therein, whether caused by the source of the information or by The Company.
All factual and other information, including any opinions, accessible through the
Web Site are provided on an “AS IS, AS AVAILABLE” basis without warranty of any
kind and, without limiting the generality of the foregoing, ANY AND ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE
SPECIFICALLY DISCLAIMED. Company is not responsible in any way for any loss
that results from the use of the factual information, including but not limited
to any lost profits or direct, indirect, special, consequential, compensatory
or incidental damage. No advice or information, whether oral or written,
obtained by you from The Company or through or from this Website shall create
any warranty. Any reliance you place on
such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its
contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers, and third-party
licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by The Company,
are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the
opinion of The Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
We may update the content on this Website from time to time,
but its content is not necessarily complete or up-to-date. Any of the material
on the Website may be out of date at any given time, and we are under no
obligation to update such material.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our
Privacy Policy. By using the Website, you consent to all actions taken by us
with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way
that is fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any unauthorized
form of association, approval, or endorsement on our part without our express
written consent.
This Website may provide certain social media features that
enable you to:
Link from your own or certain third-party websites to
certain content on this Website.
Send emails or other communications with certain content, or
links to certain content, on this Website.
Cause limited portions of content on this Website to be
displayed or appear to be displayed on your own or certain third-party
websites.
You may use these features solely as they are provided by us
and solely with respect to the content they are displayed with and otherwise in
accordance with any additional terms and conditions we provide with respect to
such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or
appear to be displayed by, any other site, for example, framing, deep linking,
or in-line linking.
Otherwise take any action with respect to the materials on
this Website that is inconsistent with any other provision of these Terms of
Use.
The website from which you are linking, or on which you make
certain content accessible, must comply in all respects with the Content
Standards set out in these Terms of Use.
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 any social media features or any link at any
time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources
provided by third parties, these links are provided for your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from your use of them. If you decide to access any
third-party websites linked to this Website, you do so entirely at your own
risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We provide this Website for use only by persons located in
the United States. We make no claims that the Website or any of its content is
accessible, appropriate, or legally permitted outside of the United States.
Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Website
will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE,
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS
AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless The
Company, its affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms of Use or your use of the Website, including, but not limited to,
your User Contributions, any use of the Website’s content, services, and
products other than as expressly authorized in these Terms of Use or your use
of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use
and any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Alabama without
giving effect to any choice or conflict of law provision or rule (whether of
the State of Alabama or any other jurisdiction).
Arbitration
At The Company’s sole discretion, it may require you to
submit any disputes arising from the use of these Terms of Use or the Website,
including disputes arising from or concerning their interpretation, violation,
invalidity, non-performance, or termination, to final and binding arbitration
conducted in the state of Alabama, at The Company’s exclusive discretion, under
the Rules of Arbitration of the American Arbitration Association applying Alabama
law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by The Company of any term or condition set out in
these Terms of Use shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition, and any failure of The
Company to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy
constitute the sole and entire agreement between you and The Company regarding
the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding
the Website.
Your Comments and Concerns
All other feedback, comments, requests for technical
support, and other communications relating to the Website should be directed to
the address provided on the first page of these Terms of Use.
