Terms of Use

Last updated October 4, 2024

1. AGREEMENT TO TERMS

These Terms of Use form a legally binding agreement between you, whether acting personally or on behalf of an entity (“you”), and WHIScience.org (“Company,” “we,” “us,” or “our”). This agreement pertains to your access to and use of the website https://www.whiscience.org, along with any other related media form, media channel, mobile website, or mobile application (collectively referred to as the “Site”). By accessing the Site, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE YOUR USE.

Any supplemental terms and conditions or documents that may be posted on the Site from time to time are incorporated by reference into these Terms of Use. We reserve the right to make changes or modifications to these Terms at any time for any reason at our sole discretion. We will notify you of any changes by updating the “Last updated” date at the top of these Terms of Use, and you waive any right to receive specific notice regarding each change. Please check the applicable Terms each time you use our Site to ensure you understand which Terms apply. Your continued use of the Site after the posting of revised Terms will constitute your acceptance of those changes.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be illegal or would subject us to any registration requirement in that jurisdiction or country. Therefore, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for complying with local laws, where applicable.

The Site is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would fall under such laws, you may not use this Site. You also may not use the Site in any way that would violate the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained within (the “Marks”), are owned or controlled by us or licensed to us. They are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws in the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Unless explicitly stated in these Terms of Use, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for any commercial purpose without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site. You may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity to comply with these Terms of Use; (2) you are not a minor in the jurisdiction where you reside; (3) you will not access the Site through automated or non-human means, such as a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than what we have made the Site available for. The Site is not to be used in connection with any commercial endeavors unless they are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security features on the Site, including those that prevent or restrict the copying of any content or enforce limitations on the use of the Site and/or the content contained within.
  • Disparage, tarnish, or otherwise harm our reputation and/or the Site, in our opinion.
  • Use any information obtained from the Site to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in any way that is inconsistent with applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the site’s use, features, functions, operation, or maintenance.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.
  • Delete copyright or other proprietary rights notices from any content.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software that comprises or is part of the Site.
  • Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data you provide, in accordance with our Privacy Policy and your preferences (including your settings).

By submitting suggestions or feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensating you.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions, along with any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations you make in your Contributions on the Site. You are solely responsible for your Contributions and agree to release us from any and all responsibility, as well as refrain from taking legal action against us related to your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (referred to as “Submissions”) that you provide to us are non-confidential and will become our sole property. We will have exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights to these Submissions and warrant that they are original to you or that you have the rights to submit them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

8. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content from third parties (“Third-Party Content”). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted, available, or installed from the Site, including its content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. You should review the applicable terms and policies, including privacy and data handling practices, of any website you visit from the Site or regarding any applications you use or install. Any purchases made through Third-Party Websites are solely between you and the relevant third party, and we take no responsibility for those transactions. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and agree to hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you will hold us harmless from any losses or damages related to or resulting from any Third-Party Content or any interactions with Third-Party Websites.

9. ADVERTISERS

We allow advertisers to display their advertisements and other information in designated areas of the Site, such as sidebar or banner advertisements. If you are an advertiser, you assume full responsibility for any advertisements you place on the Site as well as any services provided or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you have all rights and authority to place advertisements on the Site, which includes, but is not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space for these advertisements and do not maintain any other relationship with advertisers.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

10. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such individuals to law enforcement authorities; (3) at our sole discretion, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion, and without notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or burdensome to our systems; and (5) manage the Site in a manner designed to protect our rights and property while facilitating the proper functioning of the Site.

11. TERM AND TERMINATION

These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON, INCLUDING, BUT NOT LIMITED TO, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive relief.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we are not obligated to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other issues, or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed as an obligation for us to maintain and support the Site or to provide any corrections, updates, or releases in connection therewith.

13. GOVERNING LAW

These Terms of Use, as well as your use of the Site, are governed by and interpreted in accordance with the laws of the State of Ohio. This applies to agreements made and fully performed within the State of Ohio, without considering its conflict of law principles.

14. DISPUTE RESOLUTION

Informal Negotiations

To expedite the resolution and manage the costs of any dispute, controversy, or claim related to these Terms of Use (each referred to as a “Dispute,” and collectively as “Disputes”) brought by either you or us (individually referred to as a “Party” and collectively as the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least one hundred eighty (180) days before starting arbitration. These informal negotiations will begin upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those specifically excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which can be found on the AAA website: www.adr.org. Your arbitration fees and your share of the arbitrator’s compensation will be governed by the AAA Consumer Rules and, where applicable, limited by those rules. The arbitration may take place in person, through document submissions, by phone, or online. The arbitrator will provide a decision in writing but is not required to give a statement of reasons unless requested by either Party. The arbitrator must adhere to applicable law, and any award can be challenged if the arbitrator fails to comply. Unless otherwise required by the applicable AAA rules or law, the arbitration will take place in the United States of America, in Ohio. Except as provided herein, the Parties may take legal action to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award given by the arbitrator.

If, for any reason, a Dispute proceeds in court instead of arbitration, the Dispute shall be initiated or pursued in the state and federal courts located in the United States of America, in Ohio. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party shall choose to arbitrate any Dispute that falls within that portion of this provision deemed illegal or unenforceable, and such Dispute will be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, with the Parties agreeing to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute that falls within that portion of this provision deemed illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, with the Parties agreeing to submit to the personal jurisdiction of that court.

15. CORRECTIONS

The information on the Site may contain typographical errors, inaccuracies, or omissions. This includes, but is not limited to, descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

16. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) any breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

19. USER DATA

We will keep certain data that you send to the Site in order to manage its performance, as well as any data related to your use of the Site. While we regularly perform routine backups of data, you are solely responsible for all data you transmit or that relates to any activities you undertake using the Site. You agree that we have no liability for any loss or corruption of such data, and you waive any right to take action against us arising from any such loss or corruption.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and filling out online forms constitute electronic communications. You consent to receive these electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, meet any legal requirement for these communications to be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You also waive any rights or requirements under any laws that require an original signature or the delivery or retention of non-electronic records, or that necessitate payments or credits to be granted by any means other than electronic methods.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or regarding the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not waive that right or provision. These Terms of Use will be enforced to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Terms of Use and does not affect the validity or enforceability of the remaining provisions. These Terms of Use do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the absence of signatures by the parties to execute these Terms.

23. CONTACT US

To resolve a complaint regarding the Site or to receive further information about its use, please contact us.