Terms of Service

Last updated: 12/22/2025

These Terms of Service (this “Agreement”) are a legal agreement between you (“User,” “you,” or “yours”) and Nisone, LLC (“Company,” “Platform”, “we,” “our,” or “us”) and govern your access to and use of the Platform and Service (as defined below) when used in connection with Nisone and online applications and services.

Definitions

The following definitions apply to this Agreement.

General Terms

BY ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AND AFFIRMING that you are at least 18 years of age to enter into this Agreement. You acknowledge and agree that you have reviewed and accept the terms of this Agreement and you must not use the Service if you do not agree with the terms of this Agreement.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Terms for Study Creators

1.1 Content Ownership and Content Sharing

Creators keep full ownership of their creations, but the Platform needs licenses from you for this material in order to operate the Platform’s services effectively. By making creations available on the Platform, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creations in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize the Platform’s legitimate interest in it in accordance with the scope of this license.

You agree that you are solely responsible for the content you post.

You agree not to make available creations on the Platform which are injurious to users.

You agree that content must not be false, misleading, dangerous, harmful, or otherwise unlawful. We respond to notifications of content in violation of this agreement. We respond to reports of injurious content and have reasonably implemented a policy for removing injurious content.

You agree not to make available creations or otherwise make posts on the Platform that infringe others’ intellectual property or proprietary rights. The Platform reserves the right to remove creations and other material that violates the Platform’s terms and policies, including these Terms of Use. We respond to compliant notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of creators who are the subject of compliant notifications of claimed copyright infringement or other evidence that suggests copyright infringement.

1.2 Content Moderation

We reserve the right, but do not assume the obligation, to: review, screen, edit, monitor, disable access to, restrict visibility of, or remove any User Content at any time.

We reserve the right to take any action we deem appropriate to protect the Platform, our users, or third parties.

We may take these actions with or without notice, and without liability to you.

1.3 Account Suspension and Termination

Suspension or termination may occur with or without prior notice. Upon termination, your right to access or use the Platform will immediately cease.

We may suspend or terminate your account, or restrict your access to some or all of the Platform, if we determine, in our sole discretion, that you have violated these Terms; that your User Content is harmful, unlawful, or otherwise violates our policies; that your conduct poses a risk to the Platform, other users, or third parties; or that we are required to do so by law or regulatory request.

Suspension or termination may occur with or without prior notice. Upon termination, your right to access or use the Platform will immediately cease.

1.4. No Obligation to Store Content

We do not guarantee that User Content will remain available. We may remove or delete User Content at any time, for any reason, and we are not responsible for any loss of data. You are solely responsible for maintaining backup copies of your User Content.

1.5. No Waiver of Rights

Our failure to enforce any part of this section does not constitute a waiver of our right to enforce it later.

2. Terms for Study Consumers

ALL OF THE MATERIALS PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, ARTICLES, POSTS, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR, NOR SHOULD BE TAKEN AS, PROFESSIONAL CLINICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED TO YOU THROUGH THE SERVICE. THE PLATFORM DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 (988 FOR MENTAL HEALTH EMERGENCY) OR YOUR LOCAL EMERGENCY PHONE NUMBER IMMEDIATELY.

THE PLATFORM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICATION, THERAPY, TESTS, PHYSICIANS, THERAPISTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE PLATFORM. RELIANCE OR USE OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. THE PLATFORM DOES NOT UNDERTAKE ANY RESPONSIBILITY IN RELATION TO THE QUALITY OF STUDIES. WE RECOMMEND THAT YOU USE REASONABLE DISCRETION IN CONSUMING THE MATERIALS HOSTED ON THE PLATFORM.

All Studies, Guides, Logs, and their constituent materials are provided for informational purposes only and do not constitute medical or professional advice. You should consult a qualified healthcare professional before attempting any technique. Use of any Study, Guide, or Log is solely at your own risk. The Platform does not undertake any responsibility in relation to the quality of the materials comprising Studies, Guides, and Logs which are hosted on it. The Platform recommends that you use reasonable discretion when consuming informational materials.

To the fullest extent permitted by law, the Platform, its officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of any guide or log, even if advised of the possibility of such damages. Your sole remedy is to seek recourse against the applicable author.

IN THE UNLIKELY EVENT THAT THE PLATFORM HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY (60) DAYS, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS PROVIDED BELOW) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION BY AN ARBITRATION PROVIDER CHOSEN AT THE PLATFORM’S SOLE DISCRETION. ADDITIONALLY, WE EACH AGREE TO USE THE OPTIONAL EXPEDITED ARBITRATION PROCEDURES THEN IN EFFECT FOR THE ARBITRATION PROVIDER, EXCEPT AS PROVIDED BELOW. IF THERE IS A DISPUTE ABOUT THE ARBITRABILITY OF ANY CLAIM, DISPUTE, OR CONTROVERSY (INCLUDING ABOUT THE FORMATION, SCOPE, APPLICABILITY, INTERPRETATION, VALIDITY, AND ENFORCEABILITY OF THIS SECTION 3), WE AGREE THAT THIS THRESHOLD DISPUTE SHALL BE RESOLVED BY THE ARBITRATOR, EXCEPT AS EXPRESSLY PROVIDED BELOW. THE ARBITRATION WILL BE CONDUCTED IN COLUMBUS, OHIO, UNLESS YOU AND COMPANY AGREE OTHERWISE. THE CHOSEN ARBITRATOR MAY REQUIRE YOU TO PAY A FEE FOR THE INITIATION OF YOUR CASE, UNLESS YOU APPLY FOR AND SUCCESSFULLY OBTAIN A FEE WAIVER FROM THEM. THE AWARD RENDERED BY THE ARBITRATOR MAY INCLUDE YOUR COSTS OF ARBITRATION, YOUR REASONABLE ATTORNEY’S FEES, AND YOUR REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES. YOU MAY SUE IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION WITHOUT FIRST ENGAGING IN ARBITRATION, BUT THIS DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO ENGAGE IN THE ARBITRATION PROCESS DESCRIBED IN THIS SECTION. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THIS SECTION SHALL NOT BE INTERPRETED AS PREVENTING COMPANY OR USER FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR OR YOURS DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER PROPRIETARY RIGHTS. YOU AGREE THAT THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH COMPANY.

3. Terms for all users

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of the Platform (each, a “Dispute”) shall be resolved exclusively and finally by binding arbitration. You and [Platform Name] expressly waive any right to a jury trial or to participate in a class, collective, or representative proceeding in court or arbitration.

Arbitration Rules and Administrator

To the fullest extent permitted by applicable law, the Platform shall have the exclusive right to select the arbitration provider and to choose the Rules under which the arbitration proceeds.

Arbitrator Selection

The arbitration will be conducted by a single neutral arbitrator. The parties will attempt to agree on the arbitrator from the roster maintained by the arbitration provider. If the parties cannot agree, the arbitration provider will appoint the arbitrator through its standard procedures. The arbitrator must be impartial, independent, and experienced in consumer or commercial dispute resolution.

The arbitrator must be neutral, licensed to practice law in the United States, and have at least five years of dispute-resolution experience.

3.1 UK Consumer-Protection Carve-Out

If you are a resident of the United Kingdom and a consumer (as defined by the UK Consumer Rights Act 2015), this arbitration agreement does not apply to any dispute, claim, or cause of action arising out of or relating to these Terms insofar as it involves your statutory rights under UK consumer-protection laws.

You may pursue such disputes in any court of competent jurisdiction in the United Kingdom, including:

Nothing in Section 3.1 limits or waives any rights you have under UK consumer legislation, including your right to use a free or low-cost dispute-resolution procedure.

3.2 Australia Consumer-Protection Carve-out

If you are a resident of Australia and acquire Products or Services as a “consumer” under the Australian Consumer Law, the provisions in Section 3 (Binding Arbitration) do not apply to any dispute, claim, or cause of action arising under or in connection with these Terms that relates to your statutory consumer rights.

You may choose to resolve such disputes by:

Nothing in Section 3.2 limits, waives, or replaces any right you have under the Competition and Consumer Act 2010 (Cth) or any other Australian consumer-protection legislation.

3.2.1. Venue, Date, and Time

To the fullest extent permitted by applicable law, the Platform shall fix the location, date, and time of the arbitration hearing. Unless otherwise required by law, the hearing will take place in Allegheny County, Pennsylvania.

Proceedings may be conducted in person, by telephone, or via videoconference, at the Platform’s election.

3.2.2. Fees and Costs

You shall bear and be responsible for all arbitration‑related fees and costs, including filing fees, administrative fees, arbitrator’s fees, and any other fees charged by the arbitration provider.

You are also responsible for your own attorneys’ fees, expert fees, and other costs incurred in connection with the arbitration. [Platform Name] will pay none of your arbitration or legal costs.

3.2.3. Scope of Arbitrator Authority

The arbitrator has exclusive authority to resolve any dispute relating to the enforceability, scope, or applicability of this arbitration clause, including the class waiver.

The arbitrator may award the same remedies and damages that a court could order, including injunctive relief, but may not award punitive or exemplary damages except as permitted by applicable law.

3.2.4. Judgment and Enforcement

The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

3.2.5. Severability

If any provision of this arbitration clause (other than the class waiver) is deemed unenforceable, the remainder shall remain in full force and effect. If the class waiver is found unenforceable, this entire arbitration clause shall be null and void.

3.3 Republic of Ireland Carve-out

3.3.1. Applicability

If you are a resident of the Republic of Ireland acquiring our Software as a consumer (as defined under Irish law), any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, or your use of the Software (each, a “Dispute”) shall be resolved exclusively by binding arbitration under the terms of Section 3.3, except as expressly provided in Section 3.3.3 below.

3.3.2. Company-Controlled Arbitration

  1. We will select the arbitral institution, the seat of arbitration in the United States, the governing arbitration rules (e.g., AAA or JAMS Commercial Rules). The arbitration will be conducted by a single neutral arbitrator. The parties will attempt to agree on the arbitrator from the roster maintained by the arbitration provider. If the parties cannot agree, the arbitration provider will appoint the arbitrator through its standard procedures. The arbitrator must be impartial, independent, and experienced in consumer or commercial dispute resolution.

  2. Arbitration shall be conducted in English, with all hearings held by videoconference unless the Platform elects an in-person session at its chosen U.S. location.

  3. The arbitrator will apply (i) these Terms, (ii) the arbitration rules we designate, and (iii) the Federal Arbitration Act.

3.3.3. Preservation of Irish Statutory Rights

Nothing in Section 3.3 limits any non-waivable consumer rights you have under Irish or EU law, including but not limited to rights under the Consumer Protection Act 2007, the Sale of Goods Act 1893, or the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995. You retain the right to pursue any such rights in any Irish court or statutory dispute-resolution body.

3.3.4. How to Start Arbitration; Opt-Out

  1. To initiate arbitration, you must send a written Demand for Arbitration to the Platforms’s address within 60 days of the event giving rise to the Dispute.

  2. You may opt out of arbitration and pursue your Dispute in an Irish court instead by sending written notice to the Platform within 30 days after first agreeing to these Terms.

3.3.5. Fees and Costs

  1. The Company will pay all administrative and filing fees for any arbitration it initiates.

  2. If you initiate arbitration, your maximum liability for arbitrator and administrative fees is capped at €500.

  3. Each party bears its own attorneys’ fees and expenses unless the arbitrator decides otherwise under the chosen rules.

3.3.6. Waiver of Other Rights

By agreeing to arbitration, you waive the right to a jury trial, to participate in any class, collective, or consolidated proceedings, and to seek any form of injunctive or equitable relief other than as provided by the arbitrator.

3.3.7. Severability; Survival

If any portion of Section 3.3 is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. The obligation to arbitrate survives the termination of these Terms.

By agreeing to these Terms, you acknowledge and agree that the Platform controls the selection of the arbitrator and all logistical details of the arbitration (to the extent legally permissible), that you alone are responsible for all arbitration fees and legal costs, and that you are giving up your right to a jury trial and to participate in any class or representative action in any forum.

3.4. Canadian carve-out

3.4.1. Applicability

If you are a resident of Canada acquiring access to the Platform as a consumer (as defined under applicable federal or provincial consumer-protection laws), the following dispute-resolution provisions apply to any dispute, claim or controversy arising out of or relating to these Terms of Service or your use of the Platform (“Dispute”).

3.4.2. Preservation of Non-Waivable Rights

Nothing in Section 3.4 limits, waives or replaces any non-waivable rights you have under Canadian federal or provincial consumer-protection statutes (including, without limitation, the Ontario Consumer Protection Act, 2002; the Business Practices and Consumer Protection Act (British Columbia); the Quebec Consumer Protection Act; or similar legislation).

3.4.3. Arbitration Requirement

You and [Platform Name] agree that, except as set out in Section 3.4.4, all Disputes shall be resolved exclusively and finally by binding arbitration.

3.4.4. Consumer Forum Election

Before initiating arbitration you may elect instead to bring your Dispute in any court of competent jurisdiction in Canada (including small-claims court). To do so, you must notify us in writing within 45 days of the event giving rise to the Dispute. If you timely make this election, Section 3.4.3 does not apply.

3.4.5. Opt-Out Right

You may unconditionally opt out of arbitration by sending written notice to us within 30 days after first agreeing to these Terms. If you opt out, you may pursue your Dispute in court under Section 3.4.4 or any other Canadian forum of your choice.

3.4.6. Arbitration Rules and Administrator

  1. Arbitration will be administered by either the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if you use the Platform primarily for business, AAA’s Commercial Arbitration Rules) in effect when the arbitration is filed or by JAMS under its arbitration rules in effect when the arbitration is filed.

  2. If AAA or JAMS is unavailable or declines administration, to the fullest extent permitted by applicable law, the Platform shall have the exclusive right to select an alternative arbitration provider and to choose the arbitration rules under which the Dispute proceeds.

3.4.7. Seat, Language & Procedure

  1. The arbitration seat shall be the State of Delaware, United States, unless you and [Platform Name] agree otherwise.

  2. The arbitration shall be conducted in English.

  3. Hearings will be held by videoconference unless [Platform Name] elects to convene an in-person hearing at its chosen U.S. location.

3.4.8. Arbitrator Selection

To the fullest extent permitted by applicable law, the Platform, in its sole discretion, will select the arbitral institution, the seat of arbitration in the United States, the governing arbitration rules (e.g., AAA or JAMS Commercial Rules). The arbitration will be conducted by a single neutral arbitrator. The parties will attempt to agree on the arbitrator from the roster maintained by the arbitration provider. If the parties cannot agree, the arbitration provider will appoint the arbitrator through its standard procedures. The arbitrator must be impartial, independent, and experienced in consumer or commercial dispute resolution.

3.4.9. Fees and Costs

  1. The Platform will pay all administrative and filing fees for any arbitration it initiates.

  2. If you initiate arbitration, your maximum liability for arbitrator and administrative fees is capped at CAD 100.

  3. Each party bears its own legal fees and expenses unless the arbitrator awards otherwise under the chosen rules.

3.4.10. Waiver of Jury and Class-Action Rights

You and the Platform expressly waive any right to a jury trial or to participate in any class, collective or representative proceeding in court or arbitration.

3.4.11. Governing Law & Enforceability

Section 3.4 is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) to the fullest extent enforceable. All other issues (e.g., validity, scope or interpretation of these Terms) are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, except as preempted by the FAA.

3.4.12. Severability & Survival

If any provision of Section 3.4 is deemed invalid or unenforceable, the remainder shall remain in full force and effect and, to the extent enforceable, be construed to effect the parties’ intent. The obligation to arbitrate survives termination of these Terms.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM COMPUTER FAILURE OR MALFUNCTION, HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY AND ANY OF ITS AFFILIATED ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS AND UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR MEDICAL MALPRACTICE, FRAUD, OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) ACTS OR OMISSIONS BY ANY CREATOR; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VIII) USER CONTENT, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY MATERIALS. IN NO EVENT SHALL COMPANY OR ANY AFFILIATED ENTITY BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Company will not be deemed in breach of this Agreement due to any event or occurrence beyond Company’s control, including, without limitation, acts of God, storms, lockouts, shortage of labor, problems in obtaining raw materials or production facilities, terrorism, war, invasion, disease, epidemic, failures of any public networks or transportation networks, electrical shortages, equipment shortage, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT WAIVER OF PRIVATE ATTORNEY GENERAL CLAIMS, BUT PERMITS THEM TO BE ARBITRATED, THEN SUCH CLAIMS SHALL BE RESOLVED IN ARBITRATION. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS OF ANY KIND.

5. Indemnity

You agree to defend, indemnify, and hold harmless Company, its Affiliated Entities, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) User Content or any content that is submitted via your User Account, including misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

6. Privacy Policy

See our privacy policy for information on how we steward your data.

7. Disclaimer of Warranty

THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE (INCLUDING ANY PAID SERVICE) AND THIRD PARTY MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON INFRINGEMENT, AND TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, licensees, suppliers, and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY COMPANY OR THIRD PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.