Terms of Use

Please read these Terms of Use carefully before using this service. By accessing the website or using the mobile app, you are agreeing to comply with these Terms of Use.

BY AND BETWEEN ERIN TECHNOLOGIES, INC. (“US”, “WE” and “Erin”)

AND

THE EMPLOYEE AND EMPLOYER (“USER” and “YOU”)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ERIN SERVICE.

1. Acceptance

By clicking the “I agree” button below, or by accessing, visiting, browsing, interacting with, and/or using or attempting to use the Erin service website or mobile app, you agree that you have read, understood and are agreeing to comply with these terms of use, which may change from time to time as set forth below.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS ANY PART OF THIS WEBSITE OR MOBILE APP.

AS SET FORTH BELOW, WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, your use of the Erin service through either the website or mobile app and the materials and information available thereon.

In addition to these Terms of Use, Erin has established a Privacy Policy to explain how user information is collected and used by Erin. A copy of this Privacy Policy can be found here: and is incorporated by reference into these Terms of Use. By accessing or using any of our website or mobile app, you are signifying your acknowledgement and agreement to Erin’s privacy policy.

2. Termination

We reserve the right at any time to terminate or suspend your membership and/or block your access to our website or mobile app at any time and for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Erin shall not be liable to you or any third party for any termination or suspension of your membership or for blocking your access to our website or mobile app.

Users may deactivate your account at any time from the profile edit form within the application.

Any suspension or termination shall not affect your obligations to us under these Terms of Use, including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.

3. Intellectual Property

The Erin service website, the Erin mobile app, and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Content”) and all intellectual property rights to the same are owned by us. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our website or mobile app are owned by us. You shall not acquire any right, title or interest in our websites, mobile app, or the content thereof. Any rights not expressly granted in these Terms of Use are expressly reserved.

4. Access and Use

  1. Erin grants you a limited, revocable, nonexclusive license to use the Erin website and mobile app solely for your own personal and non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use without the prior written consent of Erin. You acknowledge that you do not acquire any ownership rights by downloading or printing website Content.
  2. You agree to comply with all applicable federal, state, and local laws including, but not limited to, intellectual property and copyright laws, and all import/export laws. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  3. Prohibitions. You may not:
    1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on erinapp.com or the mobile app;
    2. circumvent, disable or otherwise interfere with security-related features of our website or mobile app;
    3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our websites or mobile app for any purpose;
    4. collect or harvest any personally identifiable information from our website or mobile app including, without limitation, user names, passwords, email addresses;
    5. use the website or mobile app to solicit other users;
    6. attempt to or interfere with the proper working of our website or mobile app or impair, overburden, or disable the same;
    7. decompile, reverse engineer, or disassemble any portion of any our website or mobile app;
    8. use network-monitoring software to determine architecture of or extract usage data from our website or mobile app;
    9. encourage conduct that violates any local, state or federal law, either civil or criminal;
    10. engage in any conduct that restricts or inhibits any other user from using or enjoying our service.
  4. You agree to cooperate fully with Erin to investigate any suspected or actual activity that is in breach of these Terms of Use.

5. User Registration

  1. In order to access or use some features of Erinapp.com and the mobile app, you will have to become a Registered User. If you are under the age of eighteen, then you are not permitted to become a Registered User or otherwise submit personal information to Erin.
  2. If you become a Registered User, you will provide accurate, current and complete registration information and, if such information changes, you will promptly update the relevant registration information. If Erin believes the information you provide is not correct, current, or complete, Erin has the right to deny access to any part of the Erin service, or to any of its resources, and to terminate or suspend your access at any time.
  3. During registration, you will create a user name and password (a “membership”), which may permit you access to certain areas of our website and mobile app not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your membership.

 

6. User Content

  1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our website or mobile app (collectively, “submit”) messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our website or mobile app. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
  2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
  3. You agree that you will only post, send and receive User Content that is considered proper and related to the particular service provided by Erin. You represent, warrant, and covenant that you will not submit any User Content that:
    1. You do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws;
    2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
    3. encourages or advocates, either directly or indirectly, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or discusses an intent to commit an illegal or immoral act;
    4. is an advertisement for goods or services or a solicitation of funds;
    5. contains a formula, instruction, or advice that could cause harm or injury;
    6. amounts to a pyramid or other like scheme, including, without limitation, contests, chain letter and surveys; or
    7. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our website or mobile app will not be permitted.
  4. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business, including, without limitation, for products, services, marketing or advertising; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our website, mobile app and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
  5. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
  1. We have the right, but not the obligation, to monitor use of the Erin service, website and mobile app in order to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, disable access to or remove any information, materials, or User Content in whole or in part, in our sole discretion.
  2. WHILE ERIN EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE OR MOBILE APP IS ENTIRELY AT YOUR OWN RISK, AND THAT ERIN SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

7. Employer Specific Terms

  1. Use and License. Conditioned on the compliance of these Terms of Use and the terms found in the Employer Order Form, Erin hereby grants the Employer a limited, non-exclusive and non-transferable license, without right of sublicense, to access, via either the website or the mobile app, the Erin service, and to permit its employees and independent contractors to register as users of the service.

 

    1. License and Implementation Fees. Employer shall be responsible for the License and Implementation Fees as set forth on the Employer Order Form.

 

  1. Success Fees. All Candidates that accept an offer of employment or engagement as an independent contractor by Employer or an affiliate(s) of Employer must be reported by Employer as a Hired Candidate. Hired Candidate shall mean any Candidate that accepts an offer of employment or engagement as an independent contractor for any position from Employer or any of Employer’s affiliate(s), whether such offer is for full-time or part-time work, as an employee, independent contractor or paid advisor, regardless of the position for which they were referred under the Service.

 

Employer shall be responsible for the Success Fee that is set forth on the Order Form for each Hired Candidate engaged by Employer or an affiliate(s) within twelve (12) months of the most recent referral of that Candidate through the Service, regardless of the position for which the Candidate is referred or is ultimately hired. Employers shall pay the Success Fee under the terms of the Employer Order Form.

Should Employer fail to report such Hired Candidate within one week of that Candidate accepting an offer of employment or engagement as an independent contractor, once discovered, the Success Fee for that Hired Candidate will be doubled. Erin shall further have the right, in its sole discretion, to suspend or terminate Employer’s account immediately.

For the avoidance of doubt, Employer is responsible for a Success Fee for each Hired Candidate regardless of whether or not such Hired Candidate actually begins work for Employer, or such employment or engagement is terminated at any time or for any reason.

  1. Prior Engagement in the Hiring Process – If Employer can adequately show that it was engaged in the Hiring Process with a Candidate no more than six (6) prior to that Candidate’s most recent referral through the Service, the Success Fee for that Candidate will be waived. Hiring Process shall mean continuous, back and forth conversation between the Candidate and Employer in the context of a hiring process. Whether or not an Employer was previously engaged in the Hiring Process with a Candidate shall be determined at the sole discretion of Erin.

 

  1. Audits and Inspections For the purpose of verifying compliance with these Terms of Use, Erin (and Erin’s authorized representatives) shall have the right, during normal business hours upon reasonable advance notice and without material disruption to Employer’s business, to audit and inspect from time to time Employer’s or its affiliate’s offices, books and records relevant to the Service. If Employer’s records pursuant to this Section or otherwise indicate that (i) an affiliate’s employees or consultants are registering and using the Service (unless the same is permitted under the Order Form); (ii) Employer has exceeded the number of registered users permitted under the Order Form; or (iii) one or more Hired Candidate has not been properly reported under the Service, Employer shall pay Erin the shortfall in Fees in addition to any additional Fees due for inaccurate reporting under this section. If such underpayment exceeds five percent (5%) of the Fees due during the relevant period, Employer shall reimburse Erin for reasonable costs associated with such audit or inspection.

 

8. Website Content & Third Party Links

  1. We provide our website, mobile app, and website content, for the commercial, entertainment and promotional purposes of Erin. You may not rely on any information and opinions expressed on our website or mobile app for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
  2. In many instances, Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our website or mobile app by anyone other than authorized employees or spokespersons while acting in their official capacities.
  3. If there is a dispute between persons accessing our website or mobile app or between persons accessing our websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Erin and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
  4. Our website and mobile app may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. Erin has not reviewed any or all of such sites and its not responsible for the content of any linking sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

9. Referral Process.

Erin provides Users with the software tools that allows them to refer candidates for employment or engagement as a consultant or independent contractor. However, Erin does not act as an agent for the purposes of any referral process that takes place on the website or mobile app. Users, candidates and employers are solely responsible for any issues arising from their use of the Erin service. Any agreements created between candidates, Users or employers, or anyone else connected through the Erin service, are not binding on us, and we are not liable for, or obligated to enforce, any such agreement. Erin is not liable for any costs or damages arising out of any transaction which occurs as a result of your use of the Erin service. No contractual obligations are created for either the candidate, user or the employer through the use of the Erin service. An employer is not obligated to engage with a candidate, and a candidate is not obligated to accept any offer of employment or engagement as an independent contractor. Erin is not liable for any action, or lack of action, on the part of any User, candidate or employer that uses the Erin service, including, but not limited to, any liability under any applicable laws concerning employment discrimination, labor issues, workplace safety, personally identifiable information including medical information, medical leave, or concerning the proper classification of independent contractors and employees.

 

10. Confidentiality

Erin, Employers and Users understand and agree that in the performance of this Agreement each party may have access to private or confidential information of the other party which either is marked as “confidential” or the receiving party should reasonably know under the circumstances that such information is confidential and/or proprietary information of the other party. Erin’s confidential information includes login credentials and any information relating to the Erin services. User’s confidential information does not include user content.

Each Party shall hold such information in confidence and not, without the consent of the other, disclose it to a third party or use it for any purpose other than in performance of this Agreement. This obligation of confidentiality shall not apply to information that is generally available to the public through no act or omission of the receiving party or becomes known to the receiving party through a third party with no obligation of confidentiality, or is required to be disclosed by law, court or by any government or regulatory authority.

 

 

11. Indemnification

You agree to indemnify and hold harmless Erin and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, service providers, content providers and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of our website or mobile app; (ii) User Content provided by you or through use of your membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree that the indemnified parties will have no liability in connection with any breach by you of these terms of use or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses and attorneys’ fees of the indemnified parties in connection therewith. You will also indemnify, defend and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information access from this site or mobile app. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

12. Disclaimers

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND MOBILE APP IS AT YOUR SOLE RISK. OUR WEBSITE, MOBILE APP AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ERIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR MOBILE APP; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR WEBSITE OR MOBILE APP; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MOBILE APP; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE AND/OR MOBILE APP WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE WEBSITE, APP OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation on Liability

  1. UNDER NO CIRCUMSTANCES SHALL ERIN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, MOBILE APP OR THESE TERMS OF USE EVEN IF ERIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGE WERE REASONABLY FORSEEABLE.
  2.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER CONTENT IS TO STOP USING OUR WEBSITE OR MOBILE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR MOBILE APP OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE , MOBILE APP OR ANY LINKS THEREON. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITE OR MOBILE APP.
  3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ERIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ERIN DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, MOBILE APP OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  4. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

14. Choice of Law

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any action arising out of your use of the website, mobile app, or these Terms and Conditions shall be brought in New York City or the United States District Court for the Western District of New York.

15. Dispute Resolution

It is expressly agreed that any Dispute (as defined below) arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the substantive laws of the State of New York and the arbitration rules of the National Arbitration Forum (“NAF”).

In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

  1. “Disputes” are any claims or controversies against each other related in any way to our website, mobile app, content or these Terms of Use – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims Erin may bring against you.
  2. If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: _______________________________________We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
  3. The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
  4. The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
  5. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in New York City, New York.  The federal or state law that applies to these Terms of Use will also apply during the arbitration.
  6. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
  7. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other fees and costs relating to the arbitration.

16. No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

18. Amendments

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our website or mobile app. In addition, we may modify these Terms of Use. Modifications to these Terms of Use will be effective immediately upon notice, either by posting on our website or mobile app or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our website from time to time for any changes. Your continued use of the website or mobile app after any changes have been made to these Terms of Use signifies and confirms your acceptance of any changes or amendments to these Terms of Use. If you object to any subsequent revision to the Terms of Use you may terminate your membership. If you do not have a membership, your only recourse is to immediately discontinue use of our website and/or mobile app.

19. Miscellaneous

  1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
  2. These Terms of Use (including any amendments and the Privacy Policy incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
  3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.

20. Notices

All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: ______________________________________.