Terms of Use

These Terms of Use (the “Terms of Use”) govern your use of any Bench & Bake websites (the “Sites”), mobile applications (the “Apps”), and the related content, services, products, and other features and functionality offered on or through those Sites and Apps (collectively, the “Services”) owned and operated by Warschild Corp. (collectively, “Company,” “we,” “us,” or “our”).

PLEASE NOTE THAT SECTION 6 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND OUTSIDE WOULD BE RESOLVED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY ORGANIZATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

By accessing or using the Services, registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Services, or clicking on a button or taking another action to signify your acceptance of these Terms of Use, you: (1) agree to be bound by these Terms of Use and any future amendments and additions to these Terms of Use as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to be bound by these Terms of Use personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by these Terms of Use you may not access or use the Services.

We reserve the right to modify these Terms of Use or our policies relating to the Services at any time, effective upon posting of an updated version of these Terms of Use. You should regularly review these Terms of Use. Your continued use of the Services after any such changes constitutes your agreement to such changes.

1. Registration; Other Services

1.1 Registration Data. When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to the Services or other subscription (“Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card or payment account information, e-mail address or postal address, as necessary. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by us. You further agree that you will not maintain more than one Account for the same Services at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify us immediately of any unauthorized use of your password or any other breach of the security of your Account.

1.2 Subscriptions. If you subscribe to the Services for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into these Terms of Use.

1.3 Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third-party websites for which we may receive compensation from the operator of the third-party website by virtue of your clicking to or making a purchase on the third-party website. By clicking on these links, you understand and agree that you are leaving the Services and visiting a website that is not controlled or operated by us.

1.4 Lead Generation. Certain portions of the Services may provide you the opportunity to be contacted by third-party suppliers and others in order to obtain particular services. By providing your contact information in connection with these third-party services, you understand and expressly consent to be contacted by these third-parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates or the provision of services by these third-parties.

1.5 Sweepstakes and Contests. All sweepstakes, contests, and other promotions conducted on or through the Services will be governed by the official rules applicable to that promotion, which, unless otherwise noted, will be incorporated by reference into these Terms of Use.

1.6 Removal of Accounts. We reserve the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by us.

1.7 Our Privacy Policy. Our information collection and use policies with respect to the privacy of the Registration Data and any other data provided by you or collected by us are set forth in our Privacy Policy.

2. User Content

2.1 Responsible Party for Content. You understand, acknowledge, and agree that all user generated content posted (that is, non-Bench & Bake content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to us, whether online or offline, and whether or not solicited by us (“User Content”). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to us. We have no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, we reserve the right in our sole discretion, but do not have an obligation, to pre-screen, review, refuse, or remove any content. We shall have the right to remove any content that violates these Terms of Use or is otherwise objectionable as determined by us. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies, or applicable law.

2.2 Ownership of Your Content. We do not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant us the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

2.3 License to Your Content. Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting Your Content on or though the Services, you grant us, our agent(s) and supplier(s), and anyone else authorized by us, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content. In connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of Your Content by name, email address, or username, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.

2.4 Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by us and does not represent our views. To the fullest extent permitted by law, we do not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service; (b) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of these Terms of Use. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of these Terms of Use, we may exclude, prohibit, or remove such User Content in our sole discretion without notice.

2.5 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by these Terms of Use or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without our prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any of our employees or representatives, or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services. You alone are responsible for the content and consequences of any of your activities.

3. Ownership of and License to Use the Services

3.1 Use of the Services. Except with respect to User Content, we and our suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to these Terms of Use, we grant you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to these Terms of Use. We, our suppliers, and service providers reserve all rights not granted in these Terms of Use.

3.2 Trademarks. Our stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are our trademarks and may not be used without permission in connection with any third-party products or services. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

3.3 Restrictions on Use of Services. You agree not to do any of the foregoing:

(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;

(b) you shall not frame or use framing techniques to enclose any of our trademark, logo, or Services (including images, text, page layout or form);

(c) you shall not use any metatags or other “hidden text” using our name or trademarks;

(d) you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(f) you shall not use any data from the Services for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system);

(g) you shall not access the Services to build a similar or competitive website, application, or service;

(h) you shall not except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;

(i) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third-party’s intellectual property or other proprietary or legal rights;

(j) you shall not use the Services in violation of any applicable law;

(k) you shall not attempt to gain unauthorized access to other computer systems through the Services;

(l) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by these Terms of Use; and

(m) you shall not attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding”, “spamming”, “mail bombing”, or “crashing” the Services.  Any unauthorized use of the Services immediately terminates the licenses granted by us pursuant to these Terms of Use.

3.4 Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you are about to or have left the Services. We do not operate or control and are not responsible for Third-Party Links. We provide these Third-Party Links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

4. Indemnification and Limitation of Liability

4.1 Indemnification. You agree to indemnify and hold us, our corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your violation of these Terms of Use; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

4.2 Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS.  THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT WE, THE COMPANY PARTIES, AND OUR USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, NUTRITION, FOOD OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.3 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

4.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.

4.6 Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.

4.7 Survival. You agree that the provisions in this section will survive any termination of your Account, these Terms of Use, or your access to the Services.

5. General Provisions

5.1 Termination. At our sole discretion, we may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. 

5.2 Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be communicated to us through our contact form. We maintain a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights. Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

5.3 Electronic Communications. The communications between you and us use electronic means, whether you visit the Services or send is e-mails, or whether we post notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

5.4 Notice. Where we require that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms of Use, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at through our contact form.

6. Disputes

If you are a resident of the United States: You agree that any dispute or claim arising out of your use of any of the Services or any products or subscriptions sold on the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of these Terms of Use to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

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 of Use.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and us agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding our agreement to only arbitrate disputes as stated above, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Miami, Florida, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and us agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and us waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor us may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or us from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of our intellectual property rights.

Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out through our contact form. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms of Use. If you opt out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, we may terminate your use of the Services.

7. Additional Details

7.1 International Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

7.2 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

7.3 No Waiver. If you do not comply with these Terms of Use, and we don’t take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).

7.4 Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the state of Florida without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and or your use of any of the Services resides in the courts located in Miami, Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

7.5 Miscellaneous. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and us relating to the use of this Services and supersedes and replaces any prior agreement and communication between the parties.

7.6 Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.