Terms of Use & Conditions of Sale

Effective date: July 28, 2023

 1. Overview

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 15 and 16).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

Your use of this Website any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website” and defined in greater detail in Section 2.2 below), which are owned and maintained by Ad Venture Holdings LLC (“Ad Venture Holdings,” “Owner,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.  Please read our terms carefully.  We offer the Website, including all information, tools, physical products, and services available from the Website (the “Services”) to you, the user (“User”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

 

You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

 

Unless otherwise specified, the present Terms apply generally to all Users when using this Website.

2.  Definitions

2.1 This Website is provided by Ad Venture Holdings, the contact email of which is [email protected].

2.2 "This Website" refers to:

a)  this website, located at www.peterkell.com, or www.doubleyourhighscore.com, or www.vsl.bible, including any of their subdomains and any other accompanying website through which the Owner makes Services advertised, displayed, or accessed through the Websites available;

b) applications for mobile, tablet, and other smart device systems developed or accessed through this Website or otherwise associated with the Services;

c) the Application Program Interfaces (API) accessed through this Website;

d) any and all Services accessed through this Website by a User;

e) any applications, sample and content files, source code, scripts, instruction sets, or software included as part of a service offered through this Website or otherwise accessed via this Website, as well as any related documentation;

f) Any and all paid or unpaid services, physical products, or information about services or physical products of any kind, purchased, accessed, or obtained through this Website.

2.3 Hereinafter, the information, Services, and all other items mentioned in Section 2.2a)-f) may be referred to as the “Content.”

3.   Website Use and User Restrictions

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website. Furthermore, you acknowledge that our Services may not be available at all times, and that certain usage limits may apply.  You acknowledge that we may, at our sole discretion, limit, suspend, or terminate your use of all Services and may modify or discontinue all Services at any time.  Any offer for any Services made on this Website is void where prohibited.

This Website and the Content may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Content violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure permitted herein to protect its legitimate interests, which include the denial of User access to this Website or the Content, or to an account, or the reporting of any misconduct performed through this Website or the Content whenever Users engage or are suspected to engage in activities including, but not limited to:

a) violation of laws, regulations, and/or these Terms;

b) infringement of any third-party rights;

c) considerably impairing the Owner’s legitimate interests;

d) offending, harassing, or abusing the Owner or any third party; and,

e) any other relevant activity which breaches these Terms, at the sole discretion and judgment of the Owner, including but not limited to, sharing, uploading, distributing, or engaging in any Restricted User Content by the User.

4.   Privacy and Security Disclosure

Our Privacy Policy may be viewed here.  The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

5.   Account Registration

In order to access some of the products or Services of the Website, you will be required to create an account.  By creating this account, you agree to the following:

• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or authorize access to your account; 
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account; and,
• You will be liable for any use made of your account or password and the losses of Ad Venture Holdings or others due to such unauthorized use.  We will not be liable for your losses caused by any unauthorized use of your account. 

6.   Membership and Paid Products and Services

6.1 Paid Services

Some of the Content provided on this Website, such as various courses available for a subscription fee, along with physical products, may be provided on the basis of payment.  If you purchase a subscription, the subscription will automatically renew at the then-current rate for the subscribed product or service, until you notify us of your decision to terminate your subscription.  The most common renewal terms are 1 month periods as identified on your itemized receipt.  Prior to billing you for the renewal term, Ad Venture Holdings will e-mail the address that you have on file for your account about the length and price of the renewal term.

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the credit card or payment account that you have on file.  You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) or payment account you have on file.  If you have more than one card on file, the first card will be used.  If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card. 

You may cancel your subscription(s) for any subscription Service at any time.  To cancel your membership, please contact us by e-mail ([email protected]). You may also cancel through the Self-Service portal on our Site.  Cancellation will take effect no later than 3 business days after we receive your notification.

6.2 Service Prices and Descriptions

Prices, descriptions, or availability of paid Services are outlined in the respective sections of this Website and are subject to change without notice. While paid Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Service. The characteristics of the chosen Service will be outlined during the purchasing process.

6.3 Purchasing Process

Any steps taken from choosing a Service to order submission form part of the purchasing process.

The purchasing process includes the following steps:

a) Users must choose the desired Service and verify their purchase selection;

b) After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny anyone’s order for any reason.  Physical products are also subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock of that particular item may change. In the event we deny your order, or if any item becomes out of stock before we accept the order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any Services.  We reserve the right to require additional information before processing any order.

6.4 Order Submission

When the User submits an order, the following applies:

a) Your submission of your order triggers your obligation to pay the price, taxes, and any other additional fees and expenses, as specified on the order page.  All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due;

b) In case the purchased Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly;

c) Upon submission of the order, Users will receive a receipt confirming that the order has been received; 

d) All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes; and,

e) We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer. We are not responsible for any fees or charges that your bank or credit card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

6.5 Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on this Website are displayed either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.  All Services and their pricing are subject to change at any time without notice, at our sole discretion.

6.6 Usage Rights

Until payment of the total purchase price is received by the Owner, the User will not receive a right of use or ownership, if applicable, related to any Services, unless stated otherwise on the Website, or in any written communication or service agreement provided by the Owner.

6.7 Delivery of Digital Content; Shipping of Physical Products

Unless otherwise stated, digital content purchased on this Website is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Services, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Service may be limited in time and space. Furthermore, some Services may involve the delivery of such Services via a consultant/interactive session or sessions with an individual. The terms, dates, and contents of such Services are as described on the Website, on its relevant sections. 

We ship physical products to addresses located in the United States and internationally.  Please visit our website for additional information regarding order processing, order handling, shipping times, and commercial couriers used by Ad Venture Holdings. Orders are generally fulfilled within 2-5 business days of the time of placement, and shipping times depend on product availability and delivery destination. If a product is on back order and/or if we are experiencing high order volume, the shipping time may vary.  Once the item you ordered is back in stock, it will typically ship within 1-2 business days. Shipping charges will be calculated and displayed at checkout. Your order may be subject to import duties and taxes (including VAT), which are incurred once your shipment reaches your destination country. Ad Venture Holdings is not responsible for these charges if they are applied and are your responsibility as the customer. 

Accurate shipping address and phone number are required.  We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information.  If you discover that you have made a mistake with your order after it has been submitted or wish to cancel your order after you placed it and before it has been shipped, please contact Customer Support immediately at [email protected].  You must contact us as soon as possible in order to attempt to modify or cancel your pending order.  However, we cannot guarantee that we will be able to amend your order in accordance with your instructions. 

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.

6.8 Performance of Services

The purchased Services shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission, in a reasonable manner, in accordance with reasonable industry standards.

6.9 Refunds and No Guaranteed Success

At Ad Venture Holdings, we take great pride in offering top-quality educational content, personalized support, and a nurturing community, all designed to help our students flourish. We warmly encourage prospective students to thoughtfully consider their commitment to their educational journey before applying. PeterKell.com and the VSL Masterclass are specifically crafted for individuals who are dedicated to investing time and effort in order to achieve tangible results, rather than for those who merely wish to "try out" our offerings. 

You understand that any performance data provided as part of our digital Services is supplied by sources believed to be reliable, that the calculations that may be provided to you when using our digital Services are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. While the information provided on this Website is based on the author's knowledge and experience, we cannot guarantee any specific results or outcomes. Success with any of our digital Services will depend on personal dedication, skills, market conditions, and other variables beyond our control. You must be aware of the risks and be willing to accept them.  Ad Venture Holdings does not represent that any user will or is likely to achieve profits or losses similar to those that may be discussed or highlighted on our Website or while using our digital Services.  The past performance of any coaching system or methodology is not necessarily indicative of future results.  Information provided to you while using our digital Services is intended for informational and illustrative purposes only, and aims to provide insights into various strategies, but it does not eliminate or mitigate the risks described here. It is your responsibility to understand and evaluate the risks associated with any investment or business opportunity before pursuing it.  

From time to time, our Services may reference prior articles and opinions that we have published.  These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current.  As markets change continuously, previously published information and data may not be current and should not be relied upon.  All content published and made available to you as part of our Services is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons.  In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data

ALL SALES OF DIGITAL SERVICES ARE FINAL, and Ad Venture Holdings does not offer any money-back guarantees.  Nor does Ad Venture Holdings offer refunds in the event we, in our sole discretion, suspend, limit, or terminate your access to the digital Services, or some or all of the digital Services altogether. This policy is in place due to the digital nature of our resources and the significant investment we make in creating, maintaining, and delivering top-notch content. You recognize and agree that you shall not be entitled to a refund for any purchase for digital Services under any circumstances. Ad Venture Holdings does not cover any losses you may incur as a result of your practices or arising from your use of our Services. Ad Venture Holdings possesses no knowledge regarding your individual risk tolerance, financial, tax, or legal situation. The money you spend to access and use the Ad Venture Holdings community cannot be refunded. Ad Venture Holdings has no responsibility for the money you make or lose as a result of any decisions you make at your own discretion arising from your use of our Services. You are solely responsible for understanding and appreciating the inherent risks associated with any opportunity discussed through provision of our Services before using Ad Venture Holdings Services or accessing our community. Notwithstanding, we understand that life can be unpredictable, and exceptional circumstances may arise that warrant consideration on a case-by-case basis. 

If you believe your situation calls for an exception to our refund policy, please don't hesitate to contact our caring support team at [email protected].

LIMITED RETURN/EXCHANGE POLICY FOR PHYSICAL PRODUCTS

If a physical product arrives damaged or with defects, you may return or exchange it up to thirty (30) days from the date that you placed your order for a full refund or an exchange, less shipping and handling costs, according to the following terms.  You may also return your product for store credit or a different product, at your request. To obtain a refund or exchange you must return any damaged or defective order, your return must be approved, and the return must be received within thirty (30) days of the date your order was placed. Return shipping and handling costs will be deducted from the amount refunded.  You will not be refunded the cost to ship the products to you.

The following terms apply for all returned or exchanged items: 

• To initiate a refund or exchange, please contact Customer Support by email ([email protected]).  You may also initiate a return or exchange by replying to your order confirmation email.  You will be given a Return Merchandise Authorization (RMA) number and instructions to return the order for a full refund of the product price, less shipping and handling costs, or an exchange.  We will provide you with a shipping label by email.  Please send all items back to us using the label provided.
• We cannot process or refund packages marked “Return to Sender.”
• We will not accept the return unless the product is sealed in its original packaging.
• Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
• Send returns to the address provided along with your RMA number.  The RMA number must be clearly written on the package that you are sending back.  Our shipping department is NOT allowed to accept any packages without an RMA number.
• Discounted items are final and cannot be returned.

Returned products must be sent to the following address:

We are not responsible for lost or stolen items.  We recommend sending all returned items using some type of delivery confirmation system to ensure proper delivery. 

After the shipping department receives your return, it generally takes 5-7 business days to process your refund or exchange.  Once a return is processed for a refund, it may take up to 7-10 business days for the refund to be posted to your account, depending on your financial institution.

6.10 Refusal of Service

We reserve the right to refuse service to anyone for any reason at any time, and you understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any Services.

7.   Personal Information

We do not share your information with any third parties, except as required to maintain and provide the Services. All reasonable practices are in place to ensure confidential storage and handling of personal information. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not have access to your credit card information; this is managed by our payment gateway providers. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties. The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards related to privacy and data protection. Therefore the Users are encouraged to frequently visit these sections in order to be updated about the changes on the Website. Modifications will be effective on the day they are posted.

If applicable, the full scope of the Privacy Policy for this Website governs the Data Protection rights of the User accessing this Website. In case of any conflict between an existing Privacy Policy and these terms, the Privacy Policy shall govern any matter related to the Users’ Privacy rights and data. However, for all other matters, it is these Terms which shall govern all relations between the User and the Owner. 

Any personal or sensitive data shared on this Website shall remain the property of the User and shall be subject to full confidentiality and data protection obligations on the part of the Owner. However, the User of this Website specifically allows the Owner, by the act of creating an account, accessing specific Content, or purchasing any Products, to use any such personal or sensitive data, and transmit such data to third parties with reasonable and adequate data protection, confidentiality, and data security capabilities and obligations, and to other regions with similar or less data protection regulations in place, such as the United States of America, or elsewhere, if required for the sole purpose of providing Content, Products, or access to this Website, for the User specifically. If the User, submitting any information to the Owner via this Website, does not wish to have their data sent to third parties, or other regions outside their home jurisdiction, then they must communicate this in writing to the Owner, who will then determine whether they can continue providing the account, Content, or Products to such a User without remitting or using their data as described. If the Owner, in their sole discretion, discontinues an account, any Products or access to Content, for a User making such a declaration, then any fees paid or currency of value transferred to the Owner shall be rendered forfeited to the Owner, and shall be non-refundable. 

8.   Content on this Website and Intellectual Property

All information and Content displayed on this Website, whether available for free or a paid Service, is the sole property of the Owner. Users may not therefore use such Content in any way that is not necessary or implicit in the proper use of the Content. This includes all ideas, software, source code, information, designs, images, titles, articles, Content, patentable materials, trade names, trademarks, copyrightable materials, trade secrets, and any information, content or material contained on this Website (“Intellectual Property”), which is the intellectual property of the Owner, and such Intellectual Property may not be reused, duplicated, copied, licensed, or sold to any third party without the express written consent of the Owner, and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. No Content sold or accessed on this Website may be copied, duplicated, resold, reverse engineered, or modified for sale in any form by a User, and such Content is only to be used for the use expressly permitted by the Owner by these terms or otherwise in writing. Any acts or omissions (“Acts”) which violate the terms of this clause shall render the User responsible for such acts fully liable to the Owner upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by the Owner in remedying the consequences of and preventing the acts in violation of this clause. By accessing this Website, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial reselling, duplication, or reverse engineering of any Content, intellectual property, service, or physical good accessed through this Website is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to the Owner, on demand, as described in this clause.

Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the Content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge. Only where explicitly stated on this Website, the User may download, copy, and/or share some Content available through this Website for its sole personal and non-commercial use, or for any commercial use explicitly permitted by the Owner, and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Notwithstanding any other provision in this Agreement, you acknowledge and agree that any action taken to enforce Owner’s intellectual property rights shall be exempted from the mandatory arbitration requirements set forth in Section 13 of this Agreement. If a dispute arises regarding the enforcement of intellectual property rights, Owner may pursue any legal remedies available, including but not limited to injunctive relief, preliminary relief, or any other legal or equitable remedies available, and User agrees to submit to the personal jurisdiction of federal and state courts in Delaware. The exemption provided in this clause shall not affect the application of mandatory arbitration to any other disputes or claims arising out of or in connection with this Agreement, which shall be subject to the mandatory arbitration provisions in accordance with the applicable rules and procedures.

9.   Testimonials, Reviews, and Other User Content and Submissions

9.1 Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions, whether directly to the Website or in user discussions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.  You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us, and you take full responsibility for its accuracy and completeness. Ad Venture Holdings does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed via its Services. The testimonials and reviews portrayed on Ad Venture Holdings’ Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success. 

Furthermore, by using any of the communications tools available as part of our Services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Ad Venture Holdings in any manner (unless expressly stated otherwise by Ad Venture Holdings) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Ad Venture Holdings in any manner, though Ad Venture Holdings reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, Ad Venture Holdings may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.

9.3 Ad Venture Holdings reserves the right to correct grammatical and typing errors, to shorten Submissions prior to publication or use, and to review all Submissions prior to publication or use.  Ad Venture Holdings shall be under no obligation to use any, or any part of, any Submission.

10.   Rights regarding User Content

10.1 Users acknowledge and accept that by providing their User Content on this Website they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such Content solely for the operation and maintenance of this Website as contractually required.

10.2 To the extent permitted by applicable law, Users waive any moral rights in connection with User Content they provide to this Website.

10.3 Users acknowledge, accept, and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for Content on this Website.

10.4 Users are solely liable for any User Content they upload, post, share, or provide through this Website.

10.5 Users acknowledge and accept that the Owner at their discretion, may filter or moderate such User Content in a preventative manner.

10.6 Therefore, the Owner reserves the right to refuse, censor, remove, delete, block, or rectify such User Content at its own absolute discretion and to deny access to this Website to the uploading User without prior notice, if it considers such Content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner, and/or the availability of the Content in general.

10.7 The removal, deletion, blocking, or rectification of User Content shall not entitle Users that have provided such User Content or that are liable for it, to any claims for compensation, damages or reimbursement.

10.8 Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered by the Owner which is related to User Content provided to or provided through this Website.

10.9 The User agrees that any User Content uploaded to the Website shall be free from viruses, malware, spyware, or any other software of a malicious nature, and that it shall be free from any illegal, obscene, or inappropriate materials, which shall include child pornography, pornography, materials which contain discriminatory, racist, sexist, homophobic, xenophobic, or hate speech (defined as any derogatory, defamatory, or demeaning information or communications related to any individual, or groups, based on certain identifiable or personal characteristics, such as race, religion, sex, sexual orientation, country of origin, nationality, cultural practices, membership or affiliations, or otherwise defined by the Owner in their sole and absolute discretion),  or other prejudicial messages, images, or information of any kind, or any other materials or User Content which the Owner deems inappropriate in their sole and absolute discretion (“Restricted User Content”). The Owner may, at their sole and absolute discretion, remove any Restricted User Content if detected on this Website, and further delete or restrict access to the User’s account if the User has been found to have uploaded any Restricted User Content, without any liabilities for the Owner for loss of data or damages of any kind whatsoever.

11.   Access to external resources

11.1 Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for the third-party content or its availability.

11.2 Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in third party content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

11.3 In particular, on this Website, Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

11.4 The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

11.5 The Owner may interact with Users via our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the Owner, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

12.   Community Code of Conduct

All Users/members are expected to communicate in a respectful manner at all times. Any conduct that is viewed as unacceptable by management will result in a warning and / or expulsion from the community. We have no tolerance for objectionable content, NSFW content, or abusive users. Any user posting objectionable content will be banned from our service. Any reported content will be reviewed within 24 hours.

13.   DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AD VENTURE HOLDINGS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL 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 MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL.  YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

a.  General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit.  “Claim” means any dispute between you, Ad Venture Holdings, or any involved third-party relating to your account, your use of the Services, your relationship with Ad Venture Holdings, these Terms, or the Privacy Policy.  This includes any and all claims that relate in any way to your use or attempted use of the Services, and any act or omission by Ad Venture Holdings or any third-party related to your use or attempted use of the Services, and any communications from Ad Venture Holdings or any third party on Ad Venture Holdings’ behalf.  You, Ad Venture Holdings, or any involved third-party may pursue a Claim.  Ad Venture Holdings agrees to final and binding confidential arbitration should it have any Claims against you.  Likewise, you agree to final and binding confidential arbitration should you have any Claims against Ad Venture Holdings.  By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration.  You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.  This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Delaware on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

b.  Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Ad Venture Holdings both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction.  Ad Venture Holdings 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 and remains pending in that court. 

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in  Delaware: (i) an action by Ad Venture Holdings relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, and any action arising from or relating to Owner’s enforcement of its intellectual property rights or Acts as described in Section 8 of this Agreement; or (ii) an action by Ad Venture Holdings for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement.  You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.  Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties.  For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware, and forever waive any challenge to said courts’ jurisdiction and venue.

c.  Required Pre-Dispute Procedures

Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution.  You may send the written description of any dispute you have with us by certified mail to Ad Venture Holdings, Attn: Legal Department, 3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States. Ad Venture Holdings will contact you by letter at the billing address you provided to us or at the email address you provided to us.  You agree to negotiate with Ad Venture Holdings or its designated representative in good faith about your problem or dispute.  If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.  

d.  Commencing Arbitration

You and Ad Venture Holdings agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.

e.  Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions.  Otherwise, the arbitration shall be conducted in Delaware unless Ad Venture Holdings otherwise agrees to arbitrate in another forum requested by you. 

f.  Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”).  Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above.  The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.  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, the Privacy Policy, and this arbitration provision.  The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable.  The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Ad Venture Holdings.

g.  Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

h.  Governing Law and Award

The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction

i. Enforceability

This provision survives termination of your account or relationship with Ad Venture Holdings, 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 a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j.  Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above.  This provision is the entire arbitration agreement between you and Ad Venture Holdings and shall not be modified except in writing by Ad Venture Holdings.

k.  Amendments

Ad Venture Holdings reserves the right to amend this arbitration provision at any time.  Your continued use of the Services, purchase of any Service on or through the Website, or use or attempted use of an AD VENTURE HOLDINGS Service, constitutes your consent to such changes. 

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.  YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT AD VENTURE HOLDINGS, ATTN:  LEGAL DEPARTMENT, 3422 OLD CAPITOL TRAIL, PMB# 513, WILMINGTON DE 19808-6192, UNITED STATES.  FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE SERVICE.  IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

14.   Requirements with which Users must comply

By using this Website, each User confirms that they will meet the following requirements:

a) The User is not restricted in any way from making use of or accessing the Content through any contractual, legal, or other restrictions of any kind on the Users activity, whether such use is professional, personal, commercial, or otherwise;

b) User is not located in a country that is subject to a U.S. Government embargo, or that is subject to any US sanctions, whether financial or otherwise;

c) User is not listed on any U.S. Government list of sanctioned parties; 

d) User is of the age of majority in his or her state or province of residence and has the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms; and

e) The User shall not make any use of the Content on this Website for the purpose of any illegal or unlawful activities in the United States, or pursuant to the laws of any applicable jurisdiction to which the User and the Owner are subject, including but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act

15.   DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, ALL SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH OUR SERVICES.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM AD VENTURE HOLDINGS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16.   DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL AD VENTURE HOLDINGS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE SERVICES, REGARDLESS OF WHETHER AD VENTURE HOLDINGS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.  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, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AD VENTURE HOLDINGS IS FOUND LIABLE UNDER ANY THEORY, AD VENTURE HOLDINGS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER AD VENTURE HOLDINGS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

17.   Indemnification

The User agrees to defend, indemnify, and hold Ad Venture Holdings and its parents, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees  harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

a) User’s use of and access to the Content, including any data or information transmitted or received by User;

b) User’s violation of these Terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these Terms;

c) User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

d) User’s violation of any statutory law, rule, or regulation;

e) any User Content or other Content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

f) User’s willful misconduct; or

g) any violation of a statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

18.   No Waiver

No waiver by Ad Venture Holdings of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Ad Venture Holdings to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.   Service interruption

19.1 To ensure the best possible service level, the Owner reserves the right to interrupt access to the Content for maintenance, system updates, or any other changes, informing the Users appropriately.

19.2 You agree that we may, in our sole discretion, deactivate your account or otherwise terminate your Services for any reason including, without limitation, if you have breached these Terms.  Ad Venture Holdings may terminate your Services without prior notice and we are not liable for any termination of your Services.  You agree and acknowledge that Ad Venture Holdings may retain and store any content or information you provided notwithstanding termination of your Services. In the event that we terminate this Agreement, any representations or warranties made by you, shall survive the termination of this Agreement

19.3 Additionally, the Content might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns, or blackouts, etc.).

20.   No Service Reselling

Users may only use the Content and this Website for personal, non-commercial purposes, and may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and of its Content without the Owner’s express prior written permission, granted directly in writing.

21.   Assignment 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Ad Venture Holdings and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Ad Venture Holdings’ business is transferred to another entity by way of merger, sale of its assets or otherwise.

22.   Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

23.   Owner’s Contact Information

The Owner may be contacted at the following: 

Email address: [email protected]. 

Telephone: +1 (949) 436-1550

Address: 3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States

24.   Digital Millennium Copyright Notice

Our Services maintain specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to our Website or via our Services.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement: 

Ad Venture Holdings, LLC

Attn:  DMCA/Copyright Agent

3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States

+1 (949) 436-1550

Email:  [email protected]      

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

25.   Entire Agreement

These Terms and the Agreement, constitute the entire agreement and understanding between you and Ad Venture Holdings, and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

26.   Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide 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.

27.   Termination

In the event that we terminate this Agreement, Sections 1-26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

These Terms and Conditions were last Updated on July 28, 2023