Effective date: 11/15/2018
By using a) the Internet site located at https://www.parentfootprint.com, b) any online service location (e.g., website or mobile app) that posts a link to these Terms, or c) any services, features, widgets, plug-ins, applications, digital content, videos, downloads and other services that are owned and controlled by Company and that are available through or interact with our sites, and/or that post or link to these Terms (all of the foregoing, collectively referred to as the “Site”), regardless of how you access or use them, whether via computer, mobile device or otherwise, you agree to abide by these Terms, as they may be amended by Company from time to time in its sole discretion, with or without any notice.
It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site.
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Company shall resolve any conflict in good faith in its sole discretion.
YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. RELATIONSHIP BETWEEN YOU AND COMPANY. Company does not provide counseling or psychotherapy services. Nothing in the Site should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Site does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Your use of the Site does not create a fiduciary relationship between You and Company.
You agree to talk to your health care provider for diagnosis and treatment, including your specific medical needs. Company does not represent or warrant that the Site is safe, appropriate or effective for you. You agree to seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If You have or suspect that You have a medical problem or condition, you agree to contact a qualified health care professional immediately. If You are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
4. USER ACCOUNTS. You may be required to open an account to use or access the Site (“Account”). You covenant, represent and warrant that: a) all required Account registration information You submit is truthful and accurate; and b) You will maintain the accuracy of such information.
You may also be asked to provide a user name and password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that You incur as a result of someone else using your password, either with or without your knowledge. You agree to indemnify Company for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
5. INTELLECTUAL PROPERTY. The Site contains a variety of: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Company, which include but are not limited to PARENT FOOTPRINT and PARENT FOOTPRINT AWARENESS TRAINING (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Site (including past, present, and future versions) and the Content are owned or controlled by Company and Company’s licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Company or Company’s licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
In using the Site, you must respect the intellectual property and other rights of Company and others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content from or to the Site in violation of the Company or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any such content you provide or transmit, or that is provided or transmitted using your Account. The burden of proving that any such content does not violate any laws or third party rights rests solely with You.
YOUR UNAUTHORIZED USE OF CONTENT MAY VIOLATE COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY, COMMUNICATIONS, AND OTHER LAWS, AND ANY SUCH USE MAY RESULT IN YOUR PERSONAL LIABILITY, INCLUDING POTENTIAL CRIMINAL LIABILITY.
All contents of Site are: Copyright © 2016 Parent Footprint LLC, 700 Ygnacio Valley Road, Suite 320, Walnut Creek, California 94596. All rights reserved.
6. USAGE RULES. Subject to Your strict compliance with these Terms, Company grants You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and/or print one copy of the Content, for Your PERSONAL, NON-COMMERCIAL USE ONLY.
The foregoing limited license allows You to display, view, use, and/or play the Content via UP TO FIVE (5) unique Devices owned by You; provided, however, that the Content may only be viewed by ONE (1) of Your designated Devices at any one time.
Any access of the Content by You on more than five unique Devices, or on more than one Device at one time, is unauthorized by Company and may result in the immediate termination of Your use of the Site by Company.
The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Content, and (b) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability.
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Site and You will be responsible for all charges related to them.
7. PROHIBITED USES. You are prohibited from using the Site for any illegal, unlawful or unauthorized purposes. You agree that you will not, aside from your purchase of goods or services offered for sale by Company or its affiliates, use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products). You also agree that You will not use any meta tags or any other “hidden text” utilizing any Company Trademarks.
You also agree that, in using the Site, you:
• Will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
• Will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
• Will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content;
• Will not use such Content in a manner that suggests an unauthorized association with Company or Company’s licensors’ products, services, or brands;
• Will not make any modifications to such Content;
• Will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms; and
• Will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation:
• Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
• Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
• Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
• Using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or
• Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site.
These Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties. ANY UNAUTHORIZED USE OF ANY CONTENT OR THE SITE FOR ANY PURPOSE IS PROHIBITED.
8. TERMS OF SALES. Certain features on the Site provide You digital access (a “Subscription”) to certain online content, including, without limitation, videos and other video content on the Site (collectively, “Subscription Content”), and are subject to these Terms and any Additional Terms posted on the Site relevant to Subscription Content. Access to Subscription Content first requires You to purchase a Subscription.
To purchase any goods and/or services, including, without limitation, a Subscription on the Site, You must be at least eighteen (18) years of age and the applicable age of majority in your jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi). Prior to the purchase of any goods or services on our Site, You must provide Company with a valid credit card number and associated payment information including all of the following: (a) Your name as it appears on the card, (b) Your credit card number, (c) the credit card type, (d) the date of expiration, and (e) any activation numbers or codes needed to charge your card. By submitting that information to Company, you hereby agree that you authorize Company to charge your card at Company’s convenience but within thirty (30) days of credit card authorization.
If you purchase a Subscription, you will have a limited, revocable, non-transferable and non-exclusive license for Your personal access to stream the Subscription Content via up to five (5) unique Devices owned by You; provided, however, that the Subscription Content may only be viewed by one (1) of Your designated Devices at any one time.
You must use Your Account for purposes of accessing the Subscription Content. Company reserves the right to deny, suspend or revoke Your access to the Subscription Content and/or to your Account, in whole or in part, if Company believes You are in breach of this Agreement or are otherwise using or accessing the Subscription Content in a manner inconsistent with the terms and conditions of this Agreement. You acknowledge and agree that Company is providing access to and use of the Subscription Content to multiple customers and those services are non-exclusive and non-transferable by You.
All sales of products and services are final. All charges from those sales are non-refundable. For each Subscription, or other product or service that You order on the Site, You agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service You select) as of the time you submitted the order. You are responsible for the timely payment of all fees and for providing Company with a valid payment method for payment of all fees.
Company attempts to be as accurate as possible in describing the Subscription Content, but Company does not warrant or guarantee that descriptions of Subscription Content or other content of the Site are accurate, complete, reliable, current, or error-free. All features and prices of Subscription Content described or depicted on the Site are subject to change at any time without notice. The inclusion of any Subscription Content on the Site at a particular time does not imply or warrant that such content will be available at any time.
If any Subscription Content becomes unavailable following a transaction but prior to download, the sole remedy available to You is a refund.
9. USER CONTENT. You grant Company a license to use the materials You post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, You are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose Your name and location in connection with your User Content. By posting User Content on the Site, You warrant and represent that You own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
In connection with Your use of the Site, You agree not to upload, download, display, perform, transmit, or otherwise distribute anything that:
• Is libelous, defamatory, obscene, pornographic, abusive, or threatening;
• Creates a false identity for the purpose of misleading others;
• Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
• Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
• Uses any part of the Site for surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages;
Company reserves the right to terminate your use of the Site, and your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
10. WIRELESS FEATURES. The Site may offer certain features and services that are available to You via Your wireless Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to Your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues.
You agree that as to the Wireless Features for which You are registered, Company may send communications to Your wireless Device regarding Company or other parties. Further, Company may collect information related to Your use of the Wireless Features. If You have registered via the Site for Wireless Features, then You agree to notify Company of any changes to Your wireless contact information (including phone number) and update Your accounts on the Site to reflect the changes.
11. TERMINATION. Company reserves the right to terminate your use of the Site its sole and absolute discretion. To ensure that Company provides a high quality experience for You and for other users of the Site, You agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Company reserves the right not to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to You, if Company believes that you have violated any of the Terms, furnished Company with false or misleading information, or interfered with use of the Site by others.
12. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES.
COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK.
13. LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, OR ANY MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE, SERVICES, OR PRODUCTS.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
FURTHER, YOU RELEASE COMPANY FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, SERVCES, OR PRODUCTS. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF COMPANY OR ANY OF COMPANY’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY’S VIOLATION OF A STATUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
14. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF COMPANY.
15. INDEMNITY. You agree to indemnify Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Site, including your negligent use of the Site; your violation of these Terms or any Additional Terms; your violation of the representations, warranties, or covenants set forth in these Terms (including but not limited to those related to compliance with health and safety regulations); any misrepresentations, defective products, or breach of any warranties or agreements made by You in connection with your use of the Site; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
16. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
17. ALLEGED COPYRIGHT INFRINGEMENT. Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site User who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.
If You have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, You must provide Company with all of the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
• Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company’s designated agent either by email or first class mail at:
Parent Footprint LLC
700 Ygnacio Valley Road, Suite 320
Walnut Creek, CA 94596
18. GENERAL PROVISIONS.
• COMMUNICATIONS. When You communicate with Company electronically, such as via e-mail and text message, you consent to receive communications from Company electronically. Company will try to promptly respond to all inquiries but is not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
• GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
• EXCLUSIVE JURISDICTION. You agree that any dispute or claim related to these Terms or to Your use of the Site is subject to the exclusive jurisdiction of any appropriate court in the County of Contra Costa, State of California.
• SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
• ASSIGNMENT. Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by You, and You may not delegate your duties under them, without the prior written consent of Company.
• NO WAIVER. Except as expressly set forth in these Terms or any Additional Terms, no failure or delay by Company in exercising any of its rights, powers, or remedies under these Terms or any Additional Terms will operate as a waiver of that or any other right, power, or remedy.
• UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in locations outside of the United States. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
• MODIFICATIONS. Company may, in its sole discretion and without prior notice: revise these Terms; modify the Site; and discontinue the Site at any time. Company will post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
• ELECTRONIC CONTRACTING. Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by and to pay for such agreements and transactions.
• ENTIRE AGREEMENT. These Terms, and all agreements incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between You and the Company pertaining to the subject matter of these Terms, and supersedes all other prior or contemporaneous oral or written understandings and agreements between You and the Company.
• SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.
• ACKNOWLEDGEMENT. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.