Rocketplace User Agreement
Last Updated Date: March 20, 2020
PLEASE READ THIS ROCKETPLACE USER AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT APPLIES TO THE ROCKETPLACE WEBSITE (“WEBSITE ”) AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (COLLECTIVELY, THE “PLATFORM”), WHICH IS OWNED AND OPERATED BY ROCKETPLACE, INC. (“ COMPANY”). THE PLATFORM PROVIDES A MARKETPLACE TO CONNECT BUSINESSES (“CLIENTS ”) THAT WISH TO PROCURE CERTAIN PROFESSIONAL SERVICES (“SERVICES”) WITH SERVICE PROVIDERS OF SUCH SERVICES (“ SERVICE PROVIDERS”). “CLIENTS” AND “SERVICE PROVIDERS ” ARE COLLECTIVELY REFERRED TO AS “USERS”. THIS AGREEMENT APPLIES TO ALL USERS.
BY ACCESSING OR USING THIS WEBSITE OR THE PLATFORM, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, OR ON BEHALF OF THE LEGAL ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR TO ANY PROSPECTIVE USER WHO HAS NOT YET REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
THE AGREEMENT INCLUDES (1) YOUR AGREEMENT THAT THE COMPANY HAS NO LIABILITY REGARDING THE SERVICES PROVIDED BY SERVICE PROVIDERS (SECTION 16.2); (2) YOUR AGREEMENT THAT THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTY (SECTION 16.1); (3) YOUR CONSENT TO RELEASE THE COMPANY FROM LIABILITY BASED ON CLAIMS BETWEEN YOU AND OTHER USERS (SECTION 7); AND (4) YOUR AGREEMENT TO INDEMNIFY THE COMPANY FOR YOUR USE OR INABILITY TO USE THE PLATFORM (SECTION 15).
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY.
THE AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE BE AWARE THAT SECTION 3.4 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL AND CALLS.
Your use of, and participation in, certain services on the Platform may be subject to additional terms (“Supplemental Terms” ) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental service. If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service. The Agreement and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME . When changes are made, the Company will make a new copy of the Agreement available at the Website, and any new Supplemental Terms will be made available from within, or through, the affected service on the Website. We will also update the “Last Updated Date” at the top of the Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 4.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Platform and will be effective for existing Registered Users that have set up an Account on the earlier of thirty (30) days after posting notice of such changes on the or thirty (30) days after dispatch of an e-mail notice of such changes to such Registered Users (defined in Section 4.1 below). The Company may require you to provide consent to the updated Agreement in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Platform. Otherwise, your continued use of the Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
- THE PLATFORM CONNECTS CLIENTS AND SERVICE PROVIDERS OF PROFESSIONAL SERVICES. The Platform provides a marketplace that allows Clients to procure and Service Providers to sell certain Services. The Platform may not be used to solicit for any business contained on the Rocketplace Prohibited Business list and you may not solicit, advertise for, or contact in any form, Users for employment or any other purpose not related to the Platform facilitated through the Website. You may not use the Platform to collect usernames and/or e-mail addresses of Users by electronic or other means without the express prior written consent of the Company. As a marketplace for Services, we do not personally provide or deliver any of the Services listed on the Platform, so the actual contract for the provision of the Services is directly between the Service Providers seeking to supply the Services and the Clients seeking to procure Services from them.
- THE COMPANY ONLY PROVIDES A VENUE. While the Company may provide pricing and guidance on our Platform, such information is solely informational. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of Services provided by Service Providers, any ratings provided by Users, or of the integrity, responsibility, or any actions of any Users. The Company makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. Although the Company may, but is not obligated to, provide background checks, we cannot confirm that each User is who they claim to be. The Company does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Platform.
When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
- USE OF THE PLATFORM. The Platform and the information and content available on the Platform are protected by copyright laws throughout the world. Subject to the Agreement, the Company grants you a limited license to reproduce portions of the Platform for the sole purpose of using the Platform to procure or supply Services through the Platform. Unless otherwise specified by the Company in a separate license, your right to use the Platform is subject to the Agreement.
- Updates. You understand that the Platform is evolving and you acknowledge and agree that the Company may update the Platform with or without notifying you.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of the Platform, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other website (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other “hidden text” using the Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platform. Any future release, update or other addition to the Platform shall be subject to the Agreement. The Company, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Platform terminates the licenses granted by the Company pursuant to the Agreement.
- Third-Party Materials. As a part of the Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for the Company to monitor such materials and that you access these materials at your own risk.
- Company Communications . By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, calls, and push notifications. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Platform, updates concerning new and existing features on the Platform, and news concerning the Company and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL E-MAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL E-MAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL E-MAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL CALLS), YOU CAN SEND AN EMAIL TO SUPPORT@ROCKETPLACE.COM.
- Registering Your Account. In order to access certain features of the Platform you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered either a Client account or a Service Provider account on the Website ( “Account”)
- Registration Data. In registering to create your Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Platform registration form (the “Registration Data” ); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18+) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Platform if you have been previously removed by the Company, or if you have been previously banned from any of the Platform.
- Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Platform, including but not limited to, a mobile device that is suitable to connect with and use the Platform, in cases where the Platform offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Platform.
- FEES AND PAYMENT POLICY.
- Fees. Once a Client has identified a Service that it wishes to procure through the Platform, the Client and the selected Service Provider may then negotiate the fees that the Client will pay for that Service and the relevant payment terms (e.g. whether the payment is upfront, in installments or following the provision of the Service) (“ Fees”).
- Payment of Fees. Clients of the Platform contract directly with Service Providers in respect of the specific Services they acquire. The Company is not a party to any contracts between Users.
- Refunds. The Company has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by the Company or a Service Provider, in each case in the Company's sole discretion.
- Taxes. The Fees required under this Agreement do not include any Sales Tax that may be due in connection with any Services provided under this Agreement. If the Company determines it has a legal obligation to collect Sales Tax from a User in connection with this Agreement, the Company shall collect such Sales Tax in addition to the Fees required under this Agreement. If any Services, or payments for any Services under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense the Company may incur in connection with such Sales Taxes. Upon the Company’s request, you will provide it with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “ Sales Tax ” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- CLIENT CONDITIONS. Each User that is a Client Clients agrees to the following rules :
- You are responsible for reading the full Service Provider listing, description and terms before making a commitment to procure the Services from the relevant Service Provider.
- You agree to provide all required assistance to the Service Provider to facilitate the provision of the Services and pay the Fees in respect of such Service(s), as agreed with the Service Provider through the Platform.
- SERVICE PROVIDER CONDITIONS.
- Listing Conditions. Each User that is a Service Provider agrees to comply with the following rules:
- You are solely responsible for the accuracy and content of the listing and Services offered; and
- Your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances) from the time you upload them to the Platform.
- Placement on Platform . Each User that is a Service Provider acknowledges and agrees that the appearance or placement of a Service listing in search and browse results on the Platform will depend on a variety of factors, including, but not limited to:
- the Client’s location, search query, browsing sites, and history;
- the Service Provider or the location for the Services, listing format, price and shipping cost, terms of service, end time, history, and relevance to the Client query;
- Service Provider’s history, rating and feedback; and
- The number of listings that match the Client’s query. To drive a positive User experience, a listing may not appear in some search and browse results, regardless of the sort order chosen by the Client.
- RELEASE. The Company expressly disclaims any liability that may arise between Users of its Platform. The Platform is only a venue for connecting Clients with Service Providers. Because the Company is not a party to the actual contracts between Clients and Service Providers or the provision of the Services, in the event that you have a dispute with one or more Users, you release the Company, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners and licensors, but excluding any Service Providers or Clients (collectively, the “Company Parties” ) (from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform provided hereunder.
- RESPONSIBILITY FOR CONTENT.
- Types of Content. You acknowledge that all Content, including the Platform, is the sole responsibility of the party from whom such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ( “Make Available”) through the Platform (“Your Content” ), and other Users of the Platform, and not the Company, are similarly responsible for all Content they Make Available through the Platform (“User Content” ).
- No Obligation to Pre-Screen Content. You acknowledge that the Company has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the public display of Your Content, including without limitation chat, text, or voice communications. In the event that the Company pre-screens, refuses or removes any Content, you acknowledge that the Company will do so for the Company’s benefit, not yours. Without limiting the foregoing, the Company shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
- Storage. Unless expressly agreed to by the Company in writing elsewhere, the Company has no obligation to store any of Your Content that you Make Available on the Platform. The Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform. You agree that the Company retains the right to create reasonable limits on the Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages on the Platform and as otherwise determined by the Company in its sole discretion.
- Platform. Except with respect to Your Content and User Content, you agree that the Company, its licensors and its suppliers own all rights, title and interest in the Platform (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
- Trademarks. and other related graphics, logos, service marks and trade names used on or in connection with the Platform are the trademarks of the Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners.
- Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Platform.
- Your Content. The Company does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- License to Your Content. Subject to any applicable account settings that you select, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Platform to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Platform. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above . You agree that you, not the Company, are responsible for all of Your Content that you Make Available on or in the Platform.
- Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Platform, you hereby expressly permit the Company to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
- Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages ( “Feedback” ) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform.
- USER CONDUCT. While using or accessing the Platform you agree that you will not, under any circumstances:
- Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;
- Interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- If you are a Client, fail to pay for Services purchased by you, unless the Service Provider has failed to provide the Services to you, or you cannot contact the Service Provider;
- If you are a Service Provider, fail to provide Services purchased by a Client, unless the Client has failed to provide sufficient information for you to be able to reasonably perform the Services, or you cannot contact the Client;
- Manipulate the price of any Service or interfere with Client profiles or other Service Provider listings;
- Post false, inaccurate, misleading, defamatory or libelous content;
- Take any action that may undermine our feedback or ratings systems;
- Transfer your Account and username to another party without our consent;
- Bypass our robot exclusion headers, interfere with the working of the Platform, or impose an unreasonable or disproportionately large load on our infrastructure;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use the Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
- Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, pornographic, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
- INVESTIGATIONS. The Company may, but is not obligated to, monitor or review the Platform and Content at any time. Without limiting the foregoing, the Company shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although the Company does not generally monitor User activity occurring in connection with the Platform or Content, if the Company becomes aware of any possible violations by you of any provision of the Agreement, the Company reserves the right to investigate such violations, and the Company may, at its sole discretion, immediately terminate your license to use the Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- INTERACTIONS WITH OTHER USERS.
- Content Provided by Other Users. The Platform may contain User Content provided by other Users. The Company is not responsible for and does not control User Content. The Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Users at your own risk. The Platform hosts User Generated Content that is related to reviews of certain Service Providers. Such reviews are opinions and are not the opinion of the Company, have not been verified by the Company, and each User should undertake his or her own research to be satisfied concerning any specific User. You agree that the Company is not liable for any User Generated Content.
- Subverting the Platform. The value of the Platform rests in its thriving marketplace of Clients and Service Providers. It is a material breach of this Agreement to arrange for the provision of Services with, and the payment of fees to, Service Providers outside the context of the Platform for the purposes of circumventing the obligation to pay Fees for Services procured through the Platform.
- User Responsibility and Disputes. You are solely responsible for your interactions with other Users of the Platform and any other parties with whom you interact through the Platform; provided, however, if you are involved in any dispute (whether as Client or Service Provider) that relates solely to the correct Fee amount or whether Services were performed (“ Service Dispute ”), you must notify the Company of such Service Disputes and attempt to resolve such Service Dispute in accordance with the dispute resolution process set out in Section 13.4 before taking any further action. Upon notification of a Service Dispute, the Company reserves the right, but has no obligation, to intercede in such disputes in accordance with Section 13.4 and shall notify the parties to the Service Dispute within 7 days if it elects to intercede.
- Service Disputes. If the Company elects to intercede in a Services Dispute between you and a Client or Service Provider , the Company will notify each party and give each party an opportunity to respond. The Company may request any information from either party in respect of the Service Dispute and you agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company, in connection with any Service Dispute. You shall, upon the Company’s reasonable request, participate in non-binding mediation or a similar resolution process with the other User, which process will be conducted by the Company or a third party selected by the Company, with respect to such Service Disputes. Following the conclusion of the resolution process, the Company or a third party selected by the Company, may provide a suggested resolution to the Service Dispute, and you agree to consider such proposal in good faith. The Company may terminate or suspend your right to use the Platform, including deactivating your Account, if the Company determines, in its sole discretion, that you have failed to adequately cooperate in the resolution of the Service Dispute or have otherwise failed to consider any proposed resolution in good faith.
- THIRD-PARTY WEBSITES AND APPLICATIONS.
The Platform may contain links to third-party websites (“Third-Party Websites”) and applications ( “Third Party Applications”) and advertisements (“Third Party Ads”) for third parties (collectively, “Third-Party Websites & Ads” ). When you click on a link to a Third-Party Website, Third Party Application or Third Party Ad, we will not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third Party Applications or Third Party Ads are not under the control of the Company. The Company is not responsible for any Third-Party Websites, Third Party Applications or and Third Party Ads. The Company provides these Third-Party Websites, Third Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third Party Applications and Third Party Ads, or their products or services. You use all links in Third-Party Websites, Third Party Applications and Third Party Ads at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- INDEMNIFICATION. You agree to indemnify and hold the Company Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Platform; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement or your access to the Platform.
- DISCLAIMER OF WARRANTIES AND CONDITIONS.
- As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RELATED TO THE PLATFORM.
- THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS OR SERVICES THAT MAY BE OBTAINED, OR PURCHASED, THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING THE PLATFORM OR SUCH CONTENT.
- YOUR USE OF THE PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE PLATFORM.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO SERVICE PROVIDERS, CLIENTS, OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
- The Company makes no warranty that the Services provided by Service Providers will meet a Client’s requirements or will be performed in a professional manner. The Company makes no warranty that the Clients will comply with the terms of their agreements with Service Providers. The Company makes no warranty regarding the quality of any such Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any User Content, including but not limited to User Generated Content, obtained through the Platform.
- We are not involved in the actual transaction between Clients and Service Providers. While we may help facilitate the resolution of disputes through various programs, including but not limited to the program set forth in Section 13.4, we have no control over and do not guarantee (i) the quality, safety or legality of Services advertised, (ii) the truth or accuracy of Users’ content or Service Provider’s listings, (iii) the ability of Service Providers to supply the Services, or that the Service Provider will perform all Services in accordance with a Client’s requirements, or (iv) the ability of Clients to pay for the Services, or that the Client will perform all obligations necessary to facilitate the performance of the Services.
- We cannot guarantee continuous or secure access to the Platform, and operation of the Platform may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
- No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM.
- LIMITATION OF LIABILITY.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PLATFORM; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY USER ON THE PLATFORM; OR (4) ANY OTHER MATTER RELATED TO THE PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU (IF YOU ARE A CLIENT) OR PAID BY THE COMPANY TO YOU (IF YOU ARE A SERVICE PROVIDER) DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) $500. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION .
- Exclusion of Damages. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
- User Content. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows: copyright @rocketplace.com, Copyright Compliance, 2390 El Camino Real Suite 100, Palo Alto CA, 94306 .
- TERMINATION AND SUSPENSION. The Company may terminate or suspend your right to use the Platform at any time for any or no reason by providing you with written or e-mail notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Platform. Without limitation, the Company may terminate or suspend your right to use the Platform if you breach any provision of the Agreement or any policy of the Company posted through the Platform from time to time; if the Company otherwise finds that you have engaged in inappropriate and/or offensive behavior; if the Company believes you are creating problems or possible legal liabilities; if the Company believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if the Company believes you are infringing the rights of third parties; if the Company believes you are acting inconsistently with the spirit of this Agreement; if despite our reasonable endeavors, the Company is unable to verify or authenticate any information you provide; or if you fail to pay all fees due under the Platform by the payment due date. In addition to terminating or suspending your Account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Platform is terminated or suspended, this Agreement will remain enforceable against you.
- Violations. If the Company becomes aware of any possible violations by you of the Agreement, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform, including Your Content, in the Company’s possession in connection with your use of the Platform, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
- Breach. In the event that the Company determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Platform, the Company reserves the right to:
- Warn you via e-mail (to any e-mail address you have provided to the Company) that you have violated the Agreement;
- Delete any of Your Content provided by you or your agent(s) to the Platform;
- Discontinue your registration(s) with any part of the Platform;
- Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which the Company deems to be appropriate.
You acknowledge and agree that the termination or suspension of your Account will not affect the transactions that you have entered into with other Users prior to the termination or suspension of the Agreement, and this Agreement will continue to apply with respect to those transactions and you are required to continue to perform your obligations in respect of those transactions. You acknowledge that the Company may notify any User that has entered into an agreement with you with respect to Services under the Platform of any action the Company has taken under this Section 20.2.
- No Subsequent Registration. If your registration(s) with or ability to access the Platform, or any other Company community is discontinued by the Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Platform or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees paid under the Account to which your access has been terminated. In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- PLATFORM IS FOR UNITED STATES AND CANADA BASED USERS ONLY. The Platform is intended for Clients and Service Providers in the United States and Canada only. However, it is possible that the Platform may be accessible from countries around the world and therefore may contain references to the Platform and Content that are not available in your country. These references do not imply that the Company intends to announce the use of the Platform or such Content in your country. The Platform is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that Platform are appropriate or available for use in other locations.
- ARBITRATION AGREEMENT. Please read the following arbitration agreement in this Section (“ Arbitration Agreement ”) carefully. It requires you to arbitrate with the Company any disputes you have directly with or against the Company and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief against the Company specifically, relating in any way to your access or use of the Platform, , or to any other aspect of your relationship with the Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. This Arbitration Agreement shall apply only with respect to Users based in the United States of America and Canada. This Arbitration Agreement does not apply to claims solely against other Users of the Platform, which may be resolved in accordance with Sections 13.3 and 13.4.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent The Corporation Trust Company at 1209 Orange Street, Corporation Trust Center, Wilmington, Delaware 19801 . The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, the Company will pay them for you. In addition, the Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator . The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial . YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.1above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief . ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any) for the Platform, the e-mail address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 22.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, y ou may reject that change within thirty (30) days of such change becoming effective by writing to the Company at the following address: 2390 El Camino Real Suite 100, Palo Alto CA, 94306.
- GENERAL PROVISIONS.
- Electronic Communications. The communications between you and the Company use electronic means, whether you visit the Platform or send the Company e-mails, or whether the Company posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et sep. ( “E-Sign”).
- Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Platform, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
- Notice. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: firstname.lastname@example.org. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement