Terms of Service

Welcome to LearnMore.com! These Terms of Services are a written contract (the “Terms” or “Agreement”) between you and/or your company (collectively, “you”) and LearnMore, LLC (“Company,” “we,” “our,” or “us”). By accessing or using the LearnMore.com website, including any software or mobile applications made available by Company (together, the “Website”), however accessed or used, you agree to be bound by these Terms. These Terms also apply to your purchase and use of any services (“Services”) through the Website. Please take some time to review the Agreement you are entering. If you do not understand this Agreement, or do not agree to be bound by it or our Privacy Policy, you may not access or use the Website, and you must immediately cease accessing or using the Website.

These terms contain a provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

PRIVACY POLICY

We take your privacy very seriously; as such, our Privacy Policy is an important part of and incorporated by reference into this Agreement. By using the Website, you represent and warrant that you have read and understood, and agree to be bound, by this Agreement and the Privacy Policy. We encourage you to frequently check the Privacy Policy for changes.

PROHIBITED USES OF THE WEBSITE; FCRA COMPLIANCE

We are required to obtain your agreement to each of the following provisions to provide our Website and Services in a legally compliant manner and to comply with requirements of our third-party information providers. In the event of any conflict between the following provisions and the remainder of the Agreement, the provisions of this Section will govern.

You understand that content and data provided on or through Company's Website is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that Company's Services and Website should not be relied upon as accurate, timely or complete.

You understand that Company’s products and Services may contain sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information. You further agree that you are solely responsible for complying with all applicable laws.

By submitting and “signing” (including an electronic digital signature, such as click and “I accept” button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) this Agreement, you agree that you have: (a) fully read this Agreement in its entirety; (b) understood all of the terms and conditions of this Agreement; (c) honestly and fully answered all questions asked of Company; and (d) agree to be fully bound by this Agreement.

Any unauthorized use of Company's Website or Services is expressly prohibited.

The content provided on this Website is for your personal use only and not for commercial exploitation.

You understand that Company is not a consumer reporting agency, and Company’s products and Services do not constitute a “consumer report,” as defined by the FCRA. Company's products and Services may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following:

1. Credit and/or loans;
2. Employment;
3. Education, scholarships, or fellowships;
4. Tenant, housing, or other accommodations;
5. Benefits, privileges or services provided by any business establishment;
6. To spy on or stalk people; or
7. To commit identity fraud or theft

For all other uses, bear in mind that a background report is no substitute for due diligence and common sense, particularly when it comes to communicating with or meeting third parties in person. For additional information and common examples of prohibited and allowable uses of the Services, see our Do's and Don'ts page, which is incorporated herein by reference.

Additionally, Company’s products and Services may not be used for any of the following purposes:

8. To physically or emotionally injure or harm any person or entity (e.g., stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity).
9. To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual.
10. To use Company's products and Services or information derived from Company's products and Services in combination with any purpose or personal information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver's Privacy Protection Act, the Children's Online Privacy Protection Act (COPPA), and/or all similar laws on the state level.
11. To seek information about, locate, or harm individuals under the age of 18 years.
12. To obtain personal information pertaining to famous people, government officials, or election candidates.
13. In connection with credit repair or credit counseling services.
14. For marketing purposes or for commercial credit origination.
15. To use or otherwise export or re-export Content in violation of the export control laws and regulations of the United States of America.

Neither this Agreement nor the license granted to you may be assigned, transferred, or sublicensed by you, in whole or in part.

Company's products and Services may only be accessed from within the United States.

You must not share your username and/or password. Company's products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.

You will not access, retrieve any data from, or otherwise perform any other activities on or through Company's Website using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders).

Company and its third-party information providers do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of Company's products and Services. Company and its third-party information providers shall not be liable for, and you agree not to sue for, any claim relating to Company 's procuring, compiling, collecting, interpreting, reporting, communicating, or delivering Company's products and Services.

Company may audit your use of Company's products and Services. You agree to cooperate and to provide Company all documentation reasonably requested relating to your account.

Company's and its third-party information providers' entire liability to you is limited to direct damages not exceeding the fee paid by you for the Company products and Services obtained or the cap on damages provided in this Agreement, whichever is lower. Company and its third-party information providers shall not be liable for any other damages, costs, or expenses whatsoever.

Third party information providers shall have the same rights to indemnification that Company does, which shall be no less than the following standard: You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors, suppliers and any of Company's third party information providers ("Indemnified Parties") harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or arising from or related to any postings uploaded or submitted by you.

The provisions of this Agreement relating to disclaimer of quality of content, limitations on liability, and indemnification are for the benefit of Company and the Indemnified Parties. Each of Company and the Indemnified Parties shall have the right to assert and enforce those provisions directly against you on their or its own respective behalf.

The terms in this Agreement relating to disclaimer of warranties, access, and use of Company's products and Services, audit, limitation of liability, indemnification, release of claims, and payment for Company's products and Services shall survive any termination of this Agreement.

You agree that any breach by you of your agreements with Company would cause Company and the Indemnified Parties irreparable harm and that, in addition to money damages, Company and the Indemnified Parties shall be entitled to injunctive relief, without having to post a bond.

You will not use Company's products and Services for the purposes prohibited in this Agreement. Any misuse of Company's products and Services will be the basis for immediate suspension of services, termination of your account or membership, and/or legal action.

You must accept this Agreement and agree to amend or resubmit this Agreement if information supplied by you changes.

OUR SERVICES (HOW THE WEBSITE WORKS)

What We Do

We provide an online search tool that allows users to run public record searches.

What We Don't Do

We are not a consumer reporting agency and our products, Services, and Website do not constitute a "consumer report," as defined by FCRA. Company's products, Services, and Website may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA.

ELIGIBILITY

By accessing the Website and/or using the Services, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Company reserves the right to change this Agreement and its Privacy Policy, in whole or in part, at any time upon notice to you (including by posting a new version or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If, at any time, you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected by Company after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

LICENSE

Subject to your compliance with these Terms, Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website and our Services. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.

You are always the owner of your content; however, we require a license from you to legally display your content on the Website. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your content throughout the world in any media now existing or in the future created.

We may use your reviews and comments to promote the Website and our Services. Aside from these reviews and comments, we will not use your content in advertising without first obtaining your permission.

DISPUTE RESOLUTION

This section governs any dispute between you and Company, and how disputes will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you, and not to disputes between you and any other user or third-party vendor.

Governing Law and Venue

You agree that all claims and disputes between you and Company that arise out of this Agreement will be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Orlando, Florida (a “ Court of Competent Jurisdiction ”). You and Company stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Arbitration

If you and Company cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay your own attorneys' fees and costs unless an award of attorneys' fees is available under applicable statute. The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

NO CLASS ACTIONS

You and Company agree that any arbitration or legal action shall be limited to the two of us as parties, and any joinder of or other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Company, including as a plaintiff or class member in any purported class action .

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

THIRD PARTIES

What are third parties?

Third parties are any person or business other than you or us---in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:

• Our vendors. These third parties help us to run the Website and provide the Services. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
• Other users of the Website. While other users may have agreed to the terms of the Website, they are not a party to the Agreement between you and us. Accordingly, when other users post content to the Website, it is third-party content---meaning neither you nor we are responsible for it.
• Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.

Third-Party Content

Third-party content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own content. We do not review all third-party content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party content.

Third-Party Websites

The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we've expressly indicated an affiliate relationship or other endorsement, we don't represent or endorse third-party websites, apps, information, goods, or services.

PAYMENTS

Your Payments

You agree to pay Company all fees associated with any purchases made by you through the Website.

Pre-Authorization Charge

Due to increased instances of fraud, Company may run a pre-authorization of your card where a temporary charge is placed on the card and subsequently removed. If you check your account balance within the authorization window, you may see the temporary charge. THE PREAUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD; HOWEVER, THE CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT LIMIT OR AVAILABLE FUNDS. FOR FURTHER INFORMATION CONTACT YOUR CREDIT CARD ISSUER OR BANK FOR DETAILS.

Subscriptions

Some Services may be offered on a subscription basis. The details of your "Subscription Plan," such as timing and amount of each payment, will be conveyed to you when you first enroll. By purchasing a Subscription Plan, you understand and agree that your credit or debit card on file will continue to be charged for additional subscription periods until you change or cancel your subscription. For example, if your Subscription Plan is for $10 per month, we will automatically charge your payment card $10 every month until you cancel.

To change or cancel your Subscription Plan, you may either log into your Account and go to the "My Account" page or email Company at support@learnmore.com. If you choose to change or cancel your Subscription by email, you must provide Company sufficient information to identify your account, such as your username, real name, billing address, and the email address associated with your Account. To take effect before your next payment, you must change or cancel your Subscription Plan at least three (3) business days in advance of such payment. If you cancel your Subscription Plan in the middle of a payment period, you will not receive a prorated refund; instead, you will continue to have access to the benefits of your Subscription Plan until the end of such payment period.

Company may find it necessary to change the fees for your Subscription Plan and reserve the right to do so. We may lower your Subscription Plan fees so long as your Subscription Plan maintains the same features and access level. We will not increase rates for your Subscription Plan without giving you advanced notice and an opportunity to cancel your Subscription Plan before incurring the increased fees. If you fail to cancel your Subscription Plan during this notice window, you will be charged the increased fees.

Important Note About the Timing of Payments: We do not process charges on the 29th, 30th, or 31st of the month, so if your subscription begins on one of these dates, it will be shifted to the 28th of the month. For example, if you sign up for a 7-day trial on 3/26, you will be charged the monthly fee on 3/31 and all subsequent monthly payments will be charged on the 28th of the month.

No Refunds

Due to the nature of the Service, refunds are only issued on a case-by-case basis. If you are ever unsatisfied, please email us at support@learnmore.com and we will work with you to resolve your concerns.

If you are issued a refund, it will be posted to your original payment account within 10 business days.

YOUR USER ACCOUNT AND CONTENT

Your Account

We may ask you to create a user account (your "Account") to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your content.

Account Security

It is up to you to ensure your email and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Removing Your Information

If you would like to remove your information from our Website, please submit your request to our Do Not Sell or Share my Personal Information page.

MOBILE APPS AND COMMUNICATIONS

Mobile Networks

When you access the Website or Services through a mobile network, your mobile provider's rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all apps or Services from working.

Apps and Software

When you use an app or other software product, you may be given the opportunity to turn on or off certain permissions for us to access your device or third-party accounts. For example, we may ask for permission to track your activity across third-party apps. For apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

By downloading and/or installing any app or other software product, you consent to receive automatic software updates, where available.

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

• For email, click on the "unsubscribe" link in the email and follow any subsequent directions.
• For text messages, respond STOP.
• For mobile push notifications, change your App permissions in the general settings for your mobile device.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

PROHIBITED CONDUCT

Company imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Company or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Company, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) 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 Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Website.

INTELLECTUAL PROPERTY

Our name, logo, product names, the Website domain, and all content and other materials available through the Website (collectively, the “Company IP”) are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated because of your use of the Website will insure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company's right, title, or interest in, or the validity of, the Company IP.

Our DMCA Policy

Just as we ask you and other users to respect our intellectual property rights, we respect that of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice ("Infringement Notice") to us. Your Infringement Notice should include all the information described below:

• Identification of your copyrighted work.
• A description of the Content you believe infringes your copyright (the "Infringing Content"). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
• Your name, address, telephone number, and email address.
• The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
• A written statement by you that:
  • you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
  • you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
• Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner

You should send your Infringement Notice to support@learnmore.com with the subject line "DMCA Infringement Notice: [INSERT YOUR NAME]". We will respond to all compliant Infringement Notices by taking any action required under the DMCA.

Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your content on the Website is a "fair use," as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.

Infringement Notices are not anonymous. If we act in response to your Infringement Notice---such as by removing the Infringing Content---we will pass on your Infringement Notice to that user to afford them an opportunity to respond.

TERMINATION

We reserve the right to change the content of this Website or to discontinue or change the Website at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Website), and miscellaneous terms, shall expressly survive any termination of this Agreement.

ASSUMPTION OF RISK; RELEASE

You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.

INDEMNIFICATION

Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Company and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website; (iv) your provision to Company or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

DISCLAIMERS; LIMITATION OF LIABILITY

No Warranties

Company, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Company nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Company disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Company, Company Parties, or Company users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Website is at your sole risk. You will not hold Company or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall Company or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Company or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The Website would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Company or between you and any of Company 's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in section.

GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Website.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.

Electronic Notice. You consent to receive notices, disclosures, and other communications electronically at the email address connected with your use of the Website. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Company's licensors and suppliers (to the extent expressly stated in this Agreement).

Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don't miss any such notifications.