Terms and Conditions
PLEASE READ THE FOLLOWING TERMS RELATING TO YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, EMAIL, OR RELATED APPLICATIONS.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST THE COMPANY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE PROCEDURES YOU MUST FOLLOW TO DO SO ARE DETAILED BELOW. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
To use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 should use the Website.
- User-Generated Content
Subject to the limitations set forth below, you will retain your ownership interest in any photographs, comments, video clips, reviews, and other communications and content you upload to the Website (“Your Content”). By posting or submitting Your Content, you (or if a minor, your parent or legal guardian) hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content and the name submitted in connection with Your Content, throughout the world in any and all media now known or hereafter conceived. Company and its affiliates are free to use any ideas, concepts, or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all rights to Your Content; (b) Your Content is accurate; (c) use of Your Content does not violate this Agreement and does not violate any other rights of any person or entity and will not cause injury to any person or entity; and (d) by providing Your Content, you (or if a minor, your parent or legal guardian) and your heirs, successors and assigns, hereby discharge and release, and agree to indemnify and hold harmless, Company and its affiliates, agents, representatives, successors and assigns, and their respective members, shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”), from any action or liability of any kind and all damages relating thereto, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs, in connection with Your Content. You will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services. Company has the right, but not the obligation, to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
- User Conduct
You agree to use the Website only for lawful purposes, and will not use it in a way that infringes on the rights of anyone else. You may not: (1) copy, reproduce, rent, lease, loan, sell, or content retrieved from the Website; (2) modify, distribute, or re-post any content on the Website; or (3) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you agree: (1) not to disrupt, interfere with, or abuse the security of the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated website; (2) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated website; (3) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files; (4) not to use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information without Company’s express written consent; (5) not to reverse engineer, or create derivative works based on the Website or any content available through the Website; (6) not to use meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company’s express written consent; (7) not to deeplink to the Website without Company’s express written consent; (8) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your Website account; (9) not to collect or store personal data about others; (10) not to attempt to obtain unauthorized access to the Website or restricted portions of the Website; (11) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or that violates any law; (12) not post copyrighted material unless the copyright is owned by you; (13) to be bound by the product submission policies of Company, if any, including that any product submission you may make to Company will not be held in confidence by Company and is not proprietary, that Company may use the product submission and any aspect thereof for any purposes, and that Company owes no duties or obligations with respect to you or the submission made; and (14) to comply with all applicable laws regarding your use of the Website.
- Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property”) is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise to any of Company’s or a third party’s Intellectual Property. Any rights not expressly granted herein are reserved.
- Disclaimer Regarding Information Provided on the Website
THE INFORMATION ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
- Disclaimer of Warranties With Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO INFORMATION OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Links to Other Websites
The Website may link to other websites and/or resources, including advertisers, over which Company has no control. These links are provided solely as a convenience and should not be construed as an endorsement by Company of content, items, or services on those third-party websites. Access, view and use of such website links, including the content, items or services on those websites, is at your own risk. Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Company has no responsibility or liability for such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources.
Product Representations. Company reserves the right, without prior notice, to discontinue or change specifications and prices on products. Company takes reasonable steps to ensure the prices on the Website are correct, to describe the items on the Website accurately, and to depict the most up to date packaging. When ordering products, please note that Company does not warrant that product descriptions are accurate and/or current, or that product packaging will match the actual product you receive. If a product described on the Website is not as described when received, or the packaging does not match the product received, your sole remedy is to return it in an unused and undamaged condition in accordance with our Return Policy.
Pricing Errors and Omissions. Prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Company prior to acceptance of the order. Company may require additional information regarding your order, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once an order is properly completed and payment is received, we will prepare the item(s) for shipment. All items are subject to availability. We will always attempt to promptly inform you if the product(s) you ordered are not available.
Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local authorities.
Shipping/Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and are subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, and products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Company will use reasonable efforts to contact you. If Company cannot contact you or you no longer want the item, Company will cancel the order and refund your money. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title for such items pass to you upon delivery to the shipment carrier. Company may reject orders where the delivery address is outside the United States.
Sales Tax. Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, and some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Your final order total will include the appropriate state and local taxes. Qualifying States: PA and CA.
Payment Information. In ordering products through the Website, telephone, or otherwise, you agree to provide only accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or which you are authorized to provide. Company shall have the right to cancel your order or suspend or terminate your account if we believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Return/Refund Policy. You may return items in accordance with the Company’s Return Policy. If you have questions about a return, please contact us at email@example.com.
- Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with Company through the Website or via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- Communications with Company
You acknowledge that telephone calls to or from Company are monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Company, including your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, voice messages, and/or autodialed calls (including text messages) by or on behalf of Company relating to this Agreement, any purchase or transaction with Company, account matters (including debt collection), and Company promotions. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company is not responsible for these charges.
Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Company notice within 30 days of any change to your contact information.
- Limitation on Company’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold the Released Parties, together with their respective co-branders, distributors, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims relating to the provision of personal information to Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
- Termination of Website
You agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. You further agree that Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Company’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
- Dispute Resolution
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE LIMITED.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without application of conflict of laws rules, except that the Arbitration provision shall be governed by the Federal Arbitration Act.
In the event a dispute arises between you and the Company, you agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely to firstname.lastname@example.org. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you agree to submit any claims to binding arbitration and to the following dispute resolution provisions: (1) you agree to commence any arbitration proceeding within 1 year after the Claim arises and that any proceeding commenced after 1 year shall be barred; (2) you agree that Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney; (3) you acknowledge that the arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions and this arbitration provision; (4) you agree the parties shall each pay their own fees, costs, and expenses, including but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator may award any form of individual relief permitted by law, including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
As an exception to binding arbitration, you and Company both retain the right to pursue any claim that is within a small claims court’s jurisdiction and proceeds on a non-class basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If any other portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO THE COMPANY AT email@example.com FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
- Remedies for Company
In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, Company shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
- Modifications to the Agreement
Company may change these Terms and Conditions, from time to time, in its sole discretion, by updating this posting on the Website. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of such changes.
- Trademark Notices
You may not use or display any other trademarks or service marks displayed on the Website without the permission of the Company.
- Copyright Policy, Digital Millennium Copyright Act
It is Company’s policy to respect the copyright and intellectual property rights of others. Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized User Material has been posted on this website, please notify us by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) and the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
- Other Important Terms
Company may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account. No delay by Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Company in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.