Terms of Use - TurboTenant
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  • TERMS OF USE

    Last Modified: August 23rd, 2016

    Acceptance of the Terms of Use

    These terms of use are entered into by and between You and Turbo Tenant, LLC (“Company”, “we” or “us”). The following terms and conditions, govern your access to and use of turbotenant.com, including any content, functionality and services offered on or through turbotenant.com (the “Website” and interrelated “Platform” , whether as a guest or a user.) PLEASE NOTE THAT THERE ARE VARIOUS SERVICE USE SCENARIOS FOR THE WEBSITE/PLATFORM INCLUDING VACANCY MARKETING, RENTAL APPLICATIONS, TENANT SCREENING AND RENT PAYMENTS.   THE COMPANY PROVIDES A MANAGEMENT AND PROCESSING PLATFORM THROUGH A WEBSITE FOR THOSE VARIOUS SERVICE USE SCENARIOS.  WE ARE NOT A BROKER OR AGENT OR HAVE ANY AFFILIATED INTEREST IN ANY PARTICULAR USE.  ALL USE OF INTERACTIVE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THOSE INTERACTIVE SERVICES FOUND BELOW.

    Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking “Sign Up” or to accept or agree to use any aspect of the Website when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

    This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

    Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

    Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

     

    Accessing the Website and Account Security

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for:

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    Intellectual Property Rights

    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Platform for depending on the circumstances: VACANCY MARKETING, RENTAL APPLICATIONS, and TENANT SCREENING AND RENT PAYMENTS and for non-commercial informational purposes.

    To the extent you are providing intellectual property to the Platform, you grant all a license of all intellectual property rights including copyright in connection with the service use scenarios.

    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    You must not:

    If you wish to make any use of material on the Website other than that set out in this section, please address your request to: legal@turbotenant.com

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

    Trademarks

    The Company name, the terms Turbo Tenant, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

    Prohibited Uses

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    Additionally, you agree not to:

    Fees Non-Refundable

    Certain services offered on or through the Website (including, but not limited to: online rental applications and online payments) may be subject to fees charged by Company. Once charged, fees shall immediately be deemed earned by Company as consideration for services performed and are non-refundable.

    Interactive Services and User Contributions

    The Website contains interactive non-customizable internet platform of features for vacancy marketing, rental application processing, tenant screening and/or to process online rent payments (collectively, “Interactive Services”) which may also include a platform users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

    A)    Interactive Services

    You specifically acknowledge that any interactive services information including but not exclusively, potential name, address, phone number, any credit history and/or score, rental history, and employment history/verification can and will be provided to this website may be provided to Turbo Tenant licensors (including the potential lessor, credit reporting services or other third parties involved in the transaction).  YOU ARE PROVIDING PERMISSION FOR TURBO TENANT TO COLLECT INTERACTIVE SERVICES INFORMATION, AND TO PROVIDE IT TO THIRD PARTIES.  ACCORDINGLY, YOU WAIVE ALL CLAIMS OF LIABILITY AGAINST THE COMPANY.

    Credit reporting is conducted through Transunion Rental Screening Solutions.  Company (“TURSS”) only provides an internet based platform to collect data for TURSS Services.  IN NO EVENT IS COMPANY ENTERING INTO A CONTRACT WITH YOU WITH RESPECT TO TURSS SERVICES.    Any issues or communication regarding TURSS should be addressed to TransUnion Rental Screening Solutions, Inc., Attn: TURSS GVP, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111.

    The Service Agreement for TURSS SERVICES for a consumer (usually a potential tenant/applicant/screened party) is attached for your reference.   The Service Agreement for TURSS SERVICES for end users (usually a landlord/lessor/leasing agent) is also attached for your reference. Whether either service agreement applies to you is a matter of contractual interpretation between you and TURSS; regardless, the Company has no contractual relationship to you regarding either Service Agreement.

    The Company’s platform uses Stripe to execute online payment transactions for rental applications.   The Stripe Service Agreement is available at: https://stripe.com/connect/account-terms.

    B)    User Contributions

    Any User Contribution you post to the site will be considered non-confidential and non-proprietary (except as explicitly stated in this terms of use). By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

    You represent and warrant that:

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    If you are collecting information utilizing interactive services, there are certain legal requirements contained in the Fair Credit Reporting Act 15 USC 1681 et.seq. As a courtesy, a link to enforcing agency, the Federal Trade Commission, is enclosed.

    Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, employers, advertisers, and third parties.

    In accordance with Section 230 of the U.S. Communications Decency Act, we generally cannot be held liable for claims arising from the Content provided by third parties which include landlords (and their agents), tenants (and their agents) and those making user contributions.

    Electronic Fund Transfers (“EFTs”) and Account Balances

    By creating an account with Company and initiating bank deposits or withdraws (i.e. ETFs), you agree to the terms of service and privacy policy of our financial software provider, SynapsePay,  and SynapsePay financial institution partner’s Terms of Service & Privacy Policy (https://synapsepay.com/legal) (“SynapsePay TOS”) which are incorporated herein by reference.  Terms not defined in this section shall be defined in SynapsePay TOS.

    We have partnered with SynapsePay, a financial services software company, to offer online payment services. When you sign up for an account with our Website, you may also be prompted to sign up for a SynapsePay User Account (as defined in SynapsePay TOS). You authorize us to share your identity and banking information with SynapsePay to open and support your User Account as further details in our Privacy Policy  and SynapsePay’s Privacy Policy.  It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with SynapsePay TOS when using your User Account.  It Is Your Responsibility To Read and understand SynapsePay TOS as it contains terms and conditions relating to your SynapsePay user account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions.

    When you open a SynapsePay User Account, you will link a checking or savings account to perform ETF and, if applicable, deposit funds into your SynapsePay User Account.  Deposits into your User Account are held by SynapsePay’s financial institution partners as detailed in SynapsePay TOS.  DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC.  FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSEPAY MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.

    All EFT transactions are performed by and deposits are held by SynapsePay financial institution partner. Company and SynapsePay only transmit transaction instructions to SynapsePay financial institution partner and do not hold deposits in your Synapse User Account.  Company will provide you with all transaction notifications and User Account balances in addition to providing customer support relating to your SynapsePay User Account as detailed below.

    We do not take custody of the money transferred and have no responsibility for payment distribution (e.g., landlord not applying payment properly or security deposit refunds etc).  We also will adhere to any banking chargebacks, reversals, or dispute resolution which may (or may not) debit funds from your account or do so unilaterally if the Company suspects fraud or other abuse.

    Transactions History and Disputes

    All questions regarding ETF transactions or your Synapse User Account must be directed to support@turbotenant.com and not to SynapsePay or its financial institution partners. Company is responsible for resolving issues and errors relating to transactions and account balances.  If you wish to make a financial service complaints against Company, you may email issues@synapsepay.com.

    Monitoring and Enforcement; Termination

    We have the right to:

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review material before it is posted on the Website or submitted before or during the use of the interactive services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    Fair Housing Act

    IF YOU ARE A LANDLORD/LESSOR/LEASING AGENT, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ADHERING TO THE FAIR HOUSING ACT (seehttp://www.justice.gov/crt/fair-housing-act-2 ) AS WELL AS ANY STATE OR LOCAL LAWS.  WE ENCOURAGE YOU TO SEEK LEGAL COUNSEL REGARDING COMPLIANCE; REGARDLESS UNDER NO CIRCUMSTANCES SHALL THE COMPANY PROVIDE GUIDANCE REGARDING COMPLIANCE OR OTHERWISE ASSUME LIABILITY FOR FAIR HOUSING ACT OR OTHER HOUSING LEGAL COMPLIANCE.

    Copyright Infringement

    If you believe that any User Contributions violate your copyright, please contactlegal@turbotenant.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

    Reliance on Information Posted

    The information presented on or through the Website is made available solely for general information purposes and/or as a platform for lessors and lessees to utilize interactive services to communicate and exchange information provided by them or third parties. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    Changes to the Website

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

    Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    Online Purchases and Other Terms and Conditions

    All purchases through our site or other transactions for the sale of data/information processing for landlord/tenant information processing formed through the Website or as a result of visits made by you are governed by these Terms of Use and specific terms provided in the website/platform.

    Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

    Linking to the Website and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    You may use these features solely as they are provided by us,/and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions provided by either us or third parties with respect to such features. Subject to the foregoing, you must not:

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

    Links from the Website

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

    Geographic Restrictions

    The owner of the Website is based in the state of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

    California Residents

    If you are a California resident, you waive any protection available to you under California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his settlement with the debtor.”

    Governing Law and Jurisdiction

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado [in each case located in the City and County of Denver although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    Arbitration

    At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

    Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    Waiver and Severability

    No waiver of by the Company of any term or condition set forth in these Terms of Use 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 of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

     

    Entire Agreement

    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.