The following summary is provided to you for your convenience only. It does not substitute the full Terms which are presented below.
- The Service. trufyx is an online platform that enables you to connect with service and repair technicians in your area and pay for cell phone or tablet repair services.
- Age Restriction. You must be 18 years of age or older in order to use this Service.
- Fees. Visiting the trufyx website is free. Booking an appointment with a trufyx Technician will be subject to fees including a service fee, a convenience fee and a transaction fee.
- Prohibited Use. You may not use the Service in any manner that violates applicable law or these Terms of Service.
- Intellectual Property. All legal rights in the Service, including all intellectual property rights, belong to trufyx and/or its licensors. You must maintain confidence in information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices.
- Data. You are solely and exclusively responsible for all actions you take in response to the Data that the Service makes available to you. You are also responsible for securing all valid consents, notifications and permissions in order to allow us to lawfully process the Data in the manners and for the purposes set forth in these Terms.
- Disclaimer of Warranty; Limitation of Liability. The Service is provided for use “as is”. We disclaim all warranties and representations with respect to the Service. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
- Indemnity. You agree to indemnify us in case of a third-party claim in connection with your breach of these Terms or infringement or violation of any other person’s rights.
- Governing Law & Dispute Resolution. USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION UNDER THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT.
And in detail....
Welcome to trufyx, an online platform that connects individuals who own a cell phone or tablet (“Device”) and require repair services (“you” or “User” and “Customer”) with service and repair technicians who repair Devices (“Technicians”). The trufyx service is offered through the website (the “Platform” or “Service”).
The Service is owned and operated by JTR-US Inc., a Delaware corporation (“trufyx”, “Company”, “we”, “us” and “our”).
Please read the following Terms of Service (the “Terms“) carefully. By registering, accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.
You must be at least 18 years old in order to use the Service. If you are under the age of 18 you may not sign up to the Service or use it in any way.
Information You Provide. In order to use the Service, you will be required to register and create an account.
You must maintain the confidentiality of your account login details, and you may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.
False information. If we believe that the Registration Information you provide is false, deceptive, or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.
Additional Information. We reserve the right to request additional information to verify your identity, during the registration process or throughout your use of the Service.
LICENSE AND USE
Users Right to Access the Service. Subject to these Terms, you may access and use the Service through our Platform, strictly for the purpose of submitting a repair request and connecting with Technicians for your own personal non-commercial use.
License. Subject to these Terms, we grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license, to use the Service and access our Platform, solely for your non-commercial use or your personal needs.
SCHEDULING REPAIR REQUEST
You may submit a repair request by providing information about your Device, the time and place for the service to be provided, and a description of the service you require through the Platform (“Service Request”). Once you submit a Service Request, your Service Request will be provided to a Technician selected by the Platform to respond to your Service Request and perform the repair service (“Service Visit”). Upon receipt of your Service Request, the Technician will have the option to accept it and confirm a Service Visit. You are solely responsible for your interactions with Technicians. You should always use your best judgment and take appropriate safety precautions when communicating with or meeting technicians. Although we encourage respectful and polite engagements facilitated through the Platform, we are not responsible for the conduct of any user of the Platform or Technicians on or off the Platform. You agree to use caution in all interactions with Technicians, particularly if you decide to communicate outside of the Platform or proceed with a Service Visit.
USE OF THE SERVICE
Prohibited use. When using the Service, you shall not –
- Breach these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
- Engage in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, data protection defamation, spam and copyright;
- Interfere with, burden or disrupt the functionality of the Service;
- Attempt to copy, change, disassemble, reverse engineer, decrypt, frame or translate the Service or Platform or otherwise attempt to learn and derive the source code, structure, or ideas upon which the Service and Platform is based;
- Attempt to copy, change, delete or alter any of the content provided to you on the Service, including images of Technicians and any other content provided to you during your use of the Service;
- Breach the security of the Service or publicly identifying any security vulnerabilities in it;
- Circumvent or manipulate the operation or functionality of the Service, or attempt to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- Send automated or machine generated queries;
- Use any manual or automated software, devices, or other processes, including, but not limited to, robots, crawlers, scrapers, spiders and similar applications to collect and compile content from the Service, including but not limited to, any information about Technicians, or pricing, or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
- Display or embed content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
- Use of the Service to post, store or disseminate any type of malicious software, viruses, trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of the Service;
- Impersonate any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collect, harvest, obtain or process personal information regarding the Service’s or Technicians;
- Seek repair services for anyone under 18 years of age, or for any individual who is intoxicated or otherwise unable to provide written, informed consent;
- Post and distribute spam;
- Buy or sell ratings, likes, and other forms of performance measurements;
- Threaten others on or through the Platform;
- Engage in any activity which discriminates based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, diseases, or any other legally protected category;
- Post messages which constitute threats of harm, promote violence, or are intended to promote hate;
- Offer sexual services, engage in buying or selling firearms, alcohol, and tobacco products, and buying or selling illegal or prescription drugs or any other illegal products.
Repair Fees. You understand and agree that if you schedule a Service Visit through the Service, the Technician’s repair will be subject to fees at the rates and schemes determined according to the repair price details provided to you when you scheduled the Service Visit (“Repair Fee“). The Repair Fee will include the Technician’s fee which we will process on behalf of the Technician, our service or convenience fee, and any other processing fees which may be charged for the Service Visit, and which have been presented to you prior to the Service Visit. When you register for the Service, and prior to making any Service Requests, you will be required to provide your payment information through one of the payment methods we provide and which we may establish or change from time to time. This may include credit card, debit card, or any other payment method, which will be processed through a third-party payment processor. Once the repair is completed, you will be charged the Repair Fee. By providing us with your payment information, you are being charged the Repair Fee upon completion of a Service Visit. You are responsible for any fees or surcharges that may be charged to you by your credit or debit card or any other payment method you selected.
Currency and Taxes. The Repair Fee is chargeable in U.S. Dollars. Sales tax and other taxes may apply to the Service Visit and the Repair Fee and will be included where required by applicable law. Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes.
No Refunds. Unless otherwise mandated by law, or unless otherwise determined by trufyx at its sole discretion, all your Repair Fees payment obligations, if any, are non-cancelable, and all amounts paid in connection therewith are non-refundable. You are solely responsible for paying all applicable fees for the Service Visit.
Payment Failure and Corrections. If you fail to pay the Repair Fees, we may discontinue and block your use of the Service, without regard to any other remedies available to us under applicable law. If you believe that you have been charged the Repair Fees in error, you must inform us within thirty (30) days from the day the Repair Fee was charged. If you fail to inform us within this time period, we will have no further obligation or responsibility in connection with this Repair Fee and you waive your right to dispute this Repair Fee.
Our Intellectual Property. All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith are the exclusive property of trufyx and its licensors. This includes the Service and Platform’s design, graphics, computer code, “look and feel” and trufyx’s domain names.
Restrictions. In addition to the prohibited uses listed above, you may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. You shall not develop any services or products which rely on or make use of the look and feel of our Platform.
Confidentiality. The Service consists of our trade secrets, which include practices, processes, designs, and product and pricing schedules not generally known or reasonably ascertainable by others by which we obtain an economic advantage over others. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices. You must do so in a manner no less protective than you use to protect our own similar assets, but in no event less than reasonable care. You must not use or disclose that information for any purpose other than within your utilization of Service.
Feedback. We welcome hearing from you and receiving feedback from you. You may provide us with feedback through the Platform. When you provide us with such feedback, you must not do so in an illegal, threatening, obscene, objectionable, or defamatory manner or in a manner which infringes the intellectual property rights of third parties. When you provide us with feedback you hereby assign all rights in the feedback to us, and we shall be the sole owners of such feedback. Any feedback you provide us is not subject to any confidentiality obligations. You acknowledge and agree that when you provide us with feedback, we will be entitled to use the feedback in an unrestricted manner, for any reason or purpose, including for commercial use, without any obligations to pay you any compensation for the feedback.
SUPPORT AND MAINTENANCE
During the period in which you are registered for the Service, we, either directly or with the assistance of third parties, may provide you technical support for technical questions, problems and inquiries regarding the Service, during the business days and hours and through the support channels indicated on our website.
We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we –
- May decline to provide such support for matters that we deem, at our sole discretion, to require unreasonable time, effort, costs or expenses;
- Make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry.
For the purpose of providing technical support, you will cooperate, and work closely with us, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as we reasonably request.
Terminating Your Account. If you have created an account on our Platform, you may, at any time, request to terminate and delete your account by contacting us through the contact information we provide on our website.
We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.
Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service, and we will not be liable to you for termination of access to the Service.
Operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users.
Changing the Service. We may, at any time and without prior notice change the layout, design, scope or features of the Service, but we will not materially downgrade the Service’s functionalities and features.
Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
TRUFYX PROVIDES A LIMITED WARRANTY ON A DEVICE THAT HAS BEEN REPAIRED BY A TECHNICIAN’S FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF THE SERVICE VISIT (THE “WARRANTY PERIOD”). DURING THE WARRANTY PERIOD, UNDER THIS LIMITED WARRANTY, TRUFYX WILL REPAIR ANY DEVICE WHICH THE USER CAN DEMONSTRATE THAT THE TECHNICIAN’S REPAIR HAS FAILED. IN ORDER TO MAKE A WARRANTY CLAIM, A USER MUST CONTACT TRUFYX THROUGH THE PLATFORM. TRUFYX WILL THEN SCHEDULE A PHONE CALL OR A VIDEO CONFERENCE CALL IF NECESSARY. IF TRYFYX DETERMINES THAT IT IS NECESSARY, TRUFYX WILL SEND A TECHNICIAN TO CHECK THE DEVICE AND IF THE TRUFYX ACCEPTS THE CLAIM, THE TECHNICIAN WILL REPAIR THE DEVICE AT NO CHARGE TO THE USER.
EXCEPT FOR THE LIMITED WARRANTY ON DEVICE REPAIR SET FORTH ABOVE, TRUFYX DISCLAIMS ANY WARRANTY AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTION THAT MAY OR MAY NOT TAKE PLACE BETWEEN USER AND TECHNICIAN.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (COLLECTIVELY, OUR “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE DATA PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE PLATFORM, WHETHER OR NOT MADE BY TRUFYX, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
TRUFYX IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR IS TRUFYX RESPONSIBLE FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH TRUFYX. ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. OTHER THAN DURING THE WARRANTY PERIOD, WITH RESPECT TO YOUR DEVICE, TRUFYX IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON DATA AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR DATA ON THE SERVICE.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $1,000 OR (B) THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact trufyx Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against trufyx, these terms will apply.
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND TRUFYX REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG).
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
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 THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
YOU AND TRUFYX HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO email@example.com WITHIN 21 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN NEW YORK CITY IN THE STATE OF NEW YORK, USA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD-PARTY CLAIMS THAT IS SUBJECT TO THE INDEMNIFICATION PROVISIONS HEREIN; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Survival. The following clauses in these Terms will survive any termination or expiration of the Terms: Currency and Taxes; No Refunds; Our Intellectual Property; Restrictions; Confidentiality; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law, Jurisdiction and Dispute Resolution.
Waivers. Except as indicated in “Changing these Terms” above, no other waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment, or complaint that you may have with respect to the Service or these Terms, at firstname.lastname@example.org or through our phone support on 212.868.9122