Last Updated: October 7, 2024

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING  ARBITRATION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.

By accessing and/or using the bWithin website at https://www.b-within.com (the “bWithin Website”), which is owned and operated by B-Within, LLC d/b/a b-Within (together with its related, affiliated, subsidiary and/or parent companies, “we,” “us,” or “our”), you are agreeing to be bound by these Terms of Use. If you do not agree to any aspect of these Terms of Use, then you are not authorized to access and/or use the bWithin Website in any manner whatsoever.

By accessing and/or using the bWithin Website, you are acknowledging that (a) you are at least the age of majority in the jurisdiction in which you reside; and (b) that you have read, understand and agree to be legally bound by the terms and conditions of these Terms of Use and any other policies in connection with the bWithin Website including our Privacy Policy (collectively, “bWithin Policies”). 

We may, in our discretion, change and/or update the bWithin Policies at any time without advance notice. Any changes or updates shall become effective immediately upon posting same. It is your obligation to check the bWithin Policies periodically to review any changes and/or updates to same. Your continued access and/or use of the bWithin Website constitutes acceptance of those changes.

USER ACCOUNTS

Certain users may be required to set up a user account (“User Account”) including, without limitation, setting up an username/id and password, in order to access certain services offered through the bWithin Website (“bWithin Services”). When creating a User Account, you agree to: (a) provide and keep current accurate and complete information about yourself (“Information”); (b) maintain the confidentiality of your User Account and log-in credentials, if applicable; and (c) restrict access to all others. You agree to accept responsibility for all activities that occur under your User Account. You agree to notify us immediately of any unauthorized use of your User Account or password, or any other breach of security. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to suspend or terminate your User Account. All Information will be stored and used in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY OWNERSHIP; LICENSE

We own and/or are an authorized licensee of all of the intellectual property in connection with the bWithin Website and bWithin Services. The bWithin Website and bWithin Services contain materials including, without limitation, text, graphics, images, photographs, videos, designs, sound recordings, audiovisual works, worksheets, handouts, articles and blogs and other material provided by or on behalf of us (collectively referred to as the “bWithin Content”). We own and/or are an authorized licensee of the bWithin Content.  Conditioned on you complying with these Terms of Use, we grant you a fully-revocable,  non-exclusive and limited license to view the bWithin Content for your personal, non-commercial use only. Without limitation, you may not modify or copy any of the bWithin Content and/or use same for any commercial use or purposes. Unauthorized use of the bWithin Content may violate copyright, trademark, and other laws. You have no rights in or to the bWithin Content, and you will not use the bWithin Content, except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original bWithin Content on any copy you make of the bWithin Content. You may not sell, transfer, assign, license, sublicense, or modify the bWithin Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the bWithin Content in any way for any public or commercial purpose. The license provided herein shall automatically terminate if you violate these Terms of Use and/or the restrictions set forth herein. The Company may terminate the license at any time.

The trademarks, service marks, and logos displayed on the bWithin Website and/or the bWithin Services including, without limitation, “bWithin” (collectively, the “Trademarks’) are the registered or unregistered trade or service marks of us. Nothing in the bWithin Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use.

SUBMISSIONS AND CONTENT PROVIDED BY YOU

The bWithin Website may allow you to upload, share or provide your content. By providing any such content through the bWithin Website you are confirming that you are legally allowed to do so and by doing so, you are not infringing on any statutory provisions and/or third party rights, and/or otherwise violating any applicable laws.  In addition, you acknowledge and agree that by providing your content through the bWithin Website, you are granting us a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote our products and/or services in any media or manner so long as we comply with our privacy practices as set forth in the Privacy Policy.

If You provide feedback, comments or suggestions for improvements related to the bWithin Website and/or the bWithin Website (written, orally or in any other form (“Feedback”), you represent and warrant that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. 

You (d) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (e) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual and worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of us, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.‍

We may display personal testimonials and endorsements of satisfied users with respect to the bWithin Website and/or the bWithin Services. 

To the extent permitted by applicable law, you waive any moral rights in connection with  your content, Feedback, endorsements and/or testimonials you provide or have provided through the bWithin Website and/or the bWithin Services.

You are solely liable for any content that you upload, post, share or provide through the bWithin Website and/or the bWithin Services. You acknowledge and accept that we do not filter or moderate such content.

However, we reserve the right to remove, delete, block or rectify such content at our own discretion and to, without prior notice, deny the uploading your access to the bWithin Website and/or the bWithin Services:

(a) if any complaint based on such content is received;

(b) if a notice of infringement of intellectual property rights is received;

upon order of a public authority; or

(c) where we made aware that the content, while being accessible via the bWithin Website and/or the bWithin Services, may represent a risk for other users, third parties and/or the availability of the bWithin Website and/or the bWithin Services. The removal, deletion, blocking or rectification of your content shall not entitle you to any claims for compensation, damages or reimbursement.

You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content you provide or provided through the bWithin Website and/or the bWithin Services.

COPYRIGHT INFRINGEMENT/DMCA NOTICE

If You believe that any aspect of the bWithin Website and/or the bWithin Services violates your or a third party’s copyright, please provide written notice (“DMCA Notice”) to us as set forth herein or otherwise provided by the Digital Millennium Copyright Act, as it may be amended from time to time. The DMCA Notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of precisely where the alleged infringing work is located on the bWithin Website and/or the bWithin Services; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to us by certified mail return receipt requested or by commercial carrier at the address set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.” You acknowledge and agree that your failure to properly comply with the requirements of the law and/or this provision may make your DMCA Notice invalid.

USAGE RESTRICTIONS

You agree that you will not use the bWithin Website and/or the bWithin Services to: 

a.   Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the bWithin Website is compiled or interpreted or the source code underlying the bWithin Website, and nothing in these Terms of Use will be construed to grant you any right to obtain or authorize use of such code;

b.    Reproduce, duplicate, copy or resell any part of the bWithin Website and/or the bWithin Services;

c.    Allow third parties other than authorized users and visitors to gain access to the bWithin Website and/or the bWithin Services; 

d.   Copy, translate, merge, adapt, vary, alter or modify, the whole or any part of the bWithin Website including, without limitation, any bWithin Content, except as necessary to use the bWithin Website and/or the bWithin Services as permitted in these Terms of Use;

e.  Use the bWithin Website and/or the bWithin Services maliciously, by, without limitation, hacking into or inserting malicious code, such as viruses, or harmful data, into the bWithin Website or any operating system;

f. Use the bWithin Website and/or the bWithin Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, including, without limitation, by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the bWithin Website and/or the bWithin Services and/or related content;

g. Access, collect, harvest or modify any information, content or data related to the bWithin Website and/or the bWithin Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running the bWithin Website and/or the bWithin Services;

h. Access, search or create accounts for the bWithin Website by any means other than our publicly supported interfaces (including, without limitation, “scraping” or creating accounts in bulk);

i. Access without authority, interfere with, damage or disrupt any part of the bWithin Website and/or the  bWithin Services;

j. Use another user’s information (including, without limitation, email addresses) to contact them outside of the bWithin Website and/or the bWithin Services without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other users for use outside of the bWithin Website and/or the bWithin Services; 

k. Impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own;

l. Use any of the bWithin Website and/or the bWithin Services to provide timesharing, subscription service, hosting, or outsourcing services;

m. Use the bWithin Website and/or the bWithin Services to violate any applicable laws, statutes, regulations or rules; 

n. Upload, post, e-mail, text, transmit or otherwise make available (collectively, “Make Available”) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of prohibited communication;

o. Make Available any content that is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable including, without limitation, any sexually explicit content;

p. Make Available any content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 

q. Make Available any content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 

r. Make Available any content that is violent, threatening, harassing and/or or bullying, or promotes violence or actions that are threatening to any other person; 

s.     Make Available any content that promotes illegal or harmful activities; 

t.    Make Available any content that you do not have a right to Make Available under any law or under any contractual relationship; and/or

u. Make Available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights.

Although we are not obligated to monitor access to or use of the bWithin Website and/or bWithin Services, we have the right to do so for the purpose of operating same and providing the bWithin Services to ensure compliance with our obligations or legal requirements including under any applicable law. We reserve the right, but are not obligated to, remove or disable access to any content, at any time and without notice including if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the bWithin Website and/or the bWithin Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 

TERMINATION; SUSPENSION; ABUSE OF THE BWITHIN WEBSITE 

We may restrict your use or access to the bWithin Website and/or the bWithin Services, without compensation or notice to you, if we suspect, in its discretion, that you are (a) in violation of any of these Terms of Use; or (b) engaged and/or engaging in illegal or improper use of the bWithin Website and/or the bWithin Services.

THIRD PARTY CONTENT /LINKED WEBSITES

We take no responsibility for the communications or information contained in any advertisement submitted by third parties on the bWithin Website and/or bWithin Services (“Third Party Content”). The views expressed in any Third Party Content are merely those of the poster, advertiser and/or the respective third party and do not necessarily reflect our views or any person or entity affiliated with us. We have no obligation to screen or review in advance, nor is it our responsibility to screen, monitor or review Third Party Content. 

In addition, you acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which the bWithin Website and/or bWithin Services may be linked and/or referred or displayed on the bWithin Website  and/or in connection with the bWithin Services (“Linked Websites”). Links to Linked Websites are provided as a convenience to you, and do not constitute an endorsement by or association with us of such websites or the content, products, advertising or other materials presented on such sites. We do not author, edit or monitor these Linked Websites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Websites. If you access any Linked Websites, you do so at your own risk.

AUTHORIZATION TO CONTACT

By submitting information to us through the bWithin Website, the bWithin Services or otherwise, you are making an inquiry as to the services offered by us and give us permission to contact you through any contact information that you provide to us.

CDA IMMUNITY
You acknowledge that we, in our operation of the bWithin Website and bWithin Services, is simply serving as a passive conduit and do not control the quality, safety or legality of any information posted by third parties on the bWithin Website and/or bWithin Services nor do we endeavor to determine the truth or accuracy of any information posted by a third party.  Accordingly, you acknowledge and agree that we shall be entitled to the immunities afforded to an Interactive Computer Service under the Communications Decency Act, 47 USC § 230, as it may be amended. In no event shall  we be liable for damage to you directly or indirectly to information communicated by third parties.

DISCLAIMER OF WARRANTIES

THE BWITHIN WEBSITE AND BWITHIN SERVICES INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED THEREIN IS BEING PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. We do not make any warranties and/or representations of any kind as to the results that you will obtain from using the bWithin Website and/or the bWithin Services including, without limitation, that any services offered by us or to the accuracy, reliability, completeness or currency of the bWithin Website, bWithin Services and any content thereon. You agree that any reliance on any information on the bWithin Website and/or the bWithin Services is at your own risk. In addition, we do not make any representations or warranties that the bWithin Website and/or the bWithin Services will be uninterrupted, timely, secure (except for any explicit representations set forth in our Privacy Policy) or error-free. By accessing and/or using the bWithin Website and/or the bWithin Services, you agree to forever waive, release and not hold any of the Company Parties (as defined herein) liable for any claim and/or damage arising out of any decision you make based upon any information made available through the bWithin Website and/or the bWithin Services.

The information contained on the bWithin Website and/or bWithin Services are being provided for vocational and avocational self-improvement purposes, and may include information regarding alternative and complementary  healing arts and modalities. The bWithin Website and/or the bWithin Services are not intended to diagnose, treat or prescribe for any disease, illness and/or medical, psychological or mental health condition. The information contained on the bWithin Website and/or the bWithin Services including, without limitation, any information in connection with weight loss  and/or nutrition or achieving other health and fitness goals, are not a substitute or replacement for licensed medical services, psychotherapy, psychiatric treatment, mental health counseling or substance abuse counseling.  You are advised to seek your physician’s approval before making any diet, medical, health and/or lifestyle changes. In addition, if you are in immediate or urgent need of medical or psychological care, please consult a qualified health care provider immediately. 

Some jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not apply to you.  In such event, such warranties are limited to the minimum permitted by law from the date of access of the bWithin Website and/or the bWithin Services. No warranties apply after that period.

PRIVACY POLICY

Our Privacy Policy describes how we collect, use and share the information provided by you and/or collected by us through the bWithin Website and/or the bWithin Services.  By using the bWithin Website and/or the bWithin Services, you agree that we may use such information in accordance with our Privacy Policy.

NOTICES

All notices or other communications to us, if any, that are to be given under any of the  bWithin Policies must be in writing, and sent via email to bianca@b-within.com.  Such notice shall be deemed effective twenty-four (24) hours after the message was sent, if no “system error” message or other notice of non-delivery is generated. 

Notices to you shall be provided by us via email or any other address which we reasonably believe to be associated with you.  Notice shall be deemed effective upon delivery of the same by us.  Moreover, and without limiting the foregoing, by accessing and/or using the bWithin Website and/or the bWithin Services, you acknowledge and agree that you are communicating with us electronically, and consent to receive communications from us electronically.  We may communicate, and provide effective notice to you, by sending you emails or by posting notices on the bWithin Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we may provide to you electronically are effective; satisfies any legal requirement that such communication be in writing; and shall be deemed delivered to you.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend us, our affiliates, and any members, shareholders, directors, officers, employees or agents (collectively, the “Company Parties”) of any of the foregoing with respect to an claim, demand, cause of action, debt, liability, damages, costs or expenses including, without limitation, reasonable attorneys’ fees and expenses of the Company Parties’ selected attorneys, directly or indirectly relating to: (a) any failure by you to comply with these Terms of Use; (b) your use of the bWithin Website and/or the bWithin Services; and/or (c) any act or omission or willful misconduct by you that results in a claim made herein against any of the Company Parties.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE  BE LIABLE FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (A) ANY USE OF THE BWITHIN WEBSITE AND/OR THE BWITHIN SERVICES; AND/OR (B) ANY FAILURE OR DELAY INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE BWITHIN WEBSITE AND/OR THE BWITHIN SERVICES. 

IF, NOTWITHSTANDING THE FOREGOING, WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES OF THE BWITHIN WEBSITE AND/OR THE BWITHIN SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) ANY FEES PROVIDED BY YOU TO US IN CONNECTION WITH USE OF THE BWITHIN WEBSITE AND/OR THE BWITHIN SERVICES; OR (B) US $100.00.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut (without giving effect to principles of conflicts of laws of the State of Connecticut or any other state). 

BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms of Use, the bWithin Website and/or the bWithin Services (each, a “Dispute”), such Dispute shall be finally and exclusively resolve by binding arbitration governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association (“AAA”).  The arbitrator is bound by the terms of this Section. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. 

Prior to commencing arbitration, you must provide us, by email, a written notice of your Dispute (“Notice of Claim”).  The Notice of Claim to us should be sent to bianca@b-within.com and should be prominently captioned “NOTICE OF CLAIM.”  The Notice of Claim should include both the mailing address and email address you would like us to use to contact you. If we seek to arbitrate a Dispute, we will send the Notice of Claim to you via email or via certified mail to your address on file with us.  The Notice of Claim, whether sent by you or us, must (a) describe the nature and basis of the Dispute; and (b) set forth the specific amount of damages for other relief sought. If we do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice of Claim is received by us, you may commence an arbitration proceeding. 

All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the AAA. Any court in Connecticut County, Connecticut, may enforce the arbitrator’s award. An arbitrator shall be chosen in accordance with the AAA rules, with each side being responsible to pay one half of the arbitrator’s fee. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in  Connecticut County, Connecticut. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

CLASS ACTION WAIVER

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

REDUCTION IN STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related directly or indirectly to use of the bWithin Website and/or the bWithin Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ASSIGNMENT

We may freely assign its rights and obligations in and to the Terms of Use.  You acknowledge that you may not assign, transfer or sell your rights or obligations under any of the  bWithin Policies without our advance written consent, which may be unreasonably withheld.  Any purported assignment without our consent shall be deemed null and void.

SEVERABILITY

One or more provisions of these Terms of Use may be legally prohibited or otherwise unenforceable in certain jurisdictions and not others. In such event, these Terms of Use shall be construed in a manner that is consistent with prevailing law in the jurisdiction in which it is enforced. Therefore, if any provision of these Terms of Use are prohibited or otherwise unenforceable in a jurisdiction where it is being enforced, (a) it shall nevertheless be enforced to the fullest extent allowed by that prevailing law; and (b) all other provisions of these Terms of Use shall remain in full force and effect and shall not be invalidated or rendered unenforceable. 

NO THIRD PARTY BENEFICIARIES

These Terms of Use are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms of Use or otherwise, except as may be specifically provided herein. These Terms of Use shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein.

NO WAIVER

Our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

FORCE MAJEURE

We shall not be held liable for any delay or default in performing its obligations if such delay or default is caused by an event beyond its reasonable control, including without limitation, acts of nature, war, terror or insurrection, civil commotion, earthquake, fire, storm, hurricane or flood, labor disturbances, labor shortages, riot, epidemic, pandemic, government lock down or quarantine orders or other similar event(s).

 SECTION HEADINGS

The section headings are provided merely for convenience and shall not be given any legal import. 

ENTIRE AGREEMENT

You acknowledge and agree that the Terms of Use, together with the Privacy Policy, as revised from time to time, constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.