STUCKEY BUSINESS CONSULTING 

What is it? The Project Abandonment Deposit is the amount of money you're required to pay before your project begins. Your PAD is earnest money to demonstrate the sincerity of your intent to move forward with a project, as discussed during your free consultation. Receipt of your PAD additionally authorizes Stuckey Business Consulting to move forward with writing your custom Statement of Work (SOW) contract. It doubly serves as a binding agreement of the terms outlined in your project contract. Who is required to pay a Project Abandonment Deposit? All clients for whom a Statement of Work is required must pay a Project Abandonment Deposit. Projects requiring five (5) or more hours necessitate a Statement of Work/ contract. Clients who are liable to pay a PAD will be advised of such during their initial consultation. Is my Project Abandonment Deposit refundable? Your Project Abandonment Deposit is not refundable under any circumstance. Your Project Abandonment Deposit foremost covers the labor to draft your customized Statement of Work, which takes, on average, a minimum of three (3) hours to complete. The client will receive their PAD invoice BEFORE the Statement of Work is issued. If the client wishes to cancel their project, they are strongly encouraged to do so when the PAD invoice is received. The client may elect not to pay the invoice and notify Stuckey Business Consulting in writing their decision not to proceed. In this case, the PAD invoice becomes unrequired, and the client is under no further obligation to the Terms & Conditions outlined on www.StuckeyBusinessConsulting.com. If the client abandons a project after paying their PAD, or any point after receiving their Statement of Work, the client forfeits those monies to the administrative efforts already dedicated to completing their project whether the SOW is signed or not. Project Abandonment Credit If the client sees the project through completion, the Project Abandonment Deposit is credited to the overall invoice. Project Abandonment Recovery Credit After paying their PAD, clients who abandoned their projects may return to Stuckey Business Consulting to resume their projects any time they wish within a six (6) month, continuous calendar year. The Project Abanondment Deposit, in that case, would be credited to the client's overall invoice upon their return. Exceptions To Project Abandonment Recovery Credit Returning clients would be liable to pay an additional PAD if they make change requests to the original Statement of Work upon their return. In this case, Stuckey Business Consulting would be accountable for updating the SOW accordingly. Thus, the same terms and conditions will be applied.

All clients are hereby notified that Stuckey Business Consulting is limited in its ability to create a fully responsive website design structure. Stuckey Consulting will therefore construct a website's responsiveness to adjust to fit smart mobile phones consisting of 4.0" to 6.9" size dimensions, and laptop and desktops sized 17" or larger. If the clients desire to revamp the Website to include 100% responsiveness to all screens, they are encouraged to contract these services with a third party independent of Stuckey Business Consulting.

Stuckey Busines Consulting, LLC (dba Stuckey Compositions and Designs, LLC) reserves all legal and original intellectual property rights for all compositions and designs produced during your professional services period unless otherwise agreed. Before closing and or publishing your design project, all imagery and or written articles are copyrighted under the United States Library of Congress, which concedes PORSHA STUCKEY, CEO of Stuckey Business Consulting, LLC as the original creator of said works. Stuckey Business Consulting is the only entity authorized to reproduce the work or extend authorizations for others to reproduce or otherwise utilize the work for purposes outside of contracted terms. For these reasons, clients are notified that they may not share unfinished (in-progress) works with any persons who are not pertinent employees, stakeholders, board members, or a decision-maker concerning your project or company.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Stuckey Business Consulting (“we,” “us” or “our”), concerning your access to and use of the www.StuckeyBusinessConsulting.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each will be subject such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INVOICING AND PAYMENT TERMS: You will be invoiced for services prior to beginning work on your project. In addition to your PAD, you may also be required to pay a deposit. Your deposit amount is contingent upon the total amount of your project. Your deposit amount and any subsequent payments needed to satisfy your final bill will be determined and finalized at the following project milestones: Upon acceptance of your project's quote In your project statement of work (contract), And during your project "kick-off" call (if applicable) ONGOING INVOICING Projects you originate with Stuckey Consulting may require ongoing tasks and other services after completing your initial project. Some ongoing service duties may include website maintenance and upkeep, database maintenance, and document updating (business plan, resume, business cards, etc.). When these additional tasks are completed, Stuckey Consulting will inform clients of their subsequent invoice amounts. In addition, Stuckey Consulting requires that clients remit payment for subsequent invoicing upon receipt or to advise when Stuckey Consulting can receive compensation. NEGLECT OR REFUSAL TO PAY The unpredictable nature of technology, work schedules, and other unforeseen issues may necessitate Stuckey Consulting to complete some administrative tasks, design services, or diagnostic services before sending an official invoice, especially in the case of emergent situations (website goes down or live streaming of a live event ceases to work). Stuckey Consulting is happy to proactively carry out any tasks necessary to mitigate technological failures, design issues, or application malfunctions in good faith that our clients will promptly pay their invoices upon receipt. If a client refuses or neglects to communicate their intentions regarding an unpaid bill or refuses to pay their invoice, Stuckey Consulting will send the client a final notice demanding payment. The final demand may be sent via email, text message, postal mail, or served in person or via all of these mediums. If the client persists in their refusal, the client will be subject to paying a late fee of $50.00 per day until payment is received. In addition, Stuckey Consulting will refer the outstanding balance for litigation if the client still has not paid within this 10-day extension period. Clients are hereby advised that if Stuckey Consulting is forced to take legal action to collect a payment, the $ 50.00-a-day penalty will continue to accrue each day until the client is required to appear in court. In addition, the client must also compensate Stuckey Consulting for any court fees. In the case that litigation is required to collect a payment, the client will be terminated as a client of Stuckey Enterprises and will forfeit the right to any usage of the corporation's intellectual property.

At Stuckey Enterprise Consulting, our clients are reasonably expected to conduct themselves with politeness, professionalism, and diplomacy. Examples of uncooperating or incivility include but are not limited to: Failure to communicate with our office(s) promptly or effectively. Failure to provide essential documents, verification, or general company information. Failure to comply with extended payment agreements or to provide timely payments. Flippant or disrespectful engagement with memeber(s) of Stuckey Enterprises. Unwillingness to (civilly) discuss topics of disagreement, failed, or misinterpreted service expectations. Client Project Abandonment, which is defined as a client disengaging from commissioned works before or after payment is received and after several reasonable attempts have been made to contact the client unsuccessfully. If clients fail to meet these expectations, they may receive a forewarning to improve their behavior. If further incidences of non-professionalism occur, a client can be terminated as a client from Stuckey Enterprise Consulting for professional misconduct or incivility, irrespective of the level of progress made on a particular project. Furthermore, in its sole discretion, Stuckey Enterprise Consulting may or may not refund a client for payments rendered.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

INTELLECTUAL PROPERTY RIGHTS: (OURS VS. YOURS) Unless otherwise indicated, websites and other design work produced by Stuckey Business Consulting, LLC, Stuckey Compositions & Designs Inc., collectively known as "Stuckey Enterprises," are owned or controlled by the corporation and are protected by copyright and trademark laws and various other intellectual property rights in perpetuity (forever). These protective rights include unfair competition laws of the United States, foreign jurisdictions, and international conventions.  Accordingly, Stuckey Enterprises will design clients' websites strictly for their business, personal, or academic needs, which the client may use for said purposes in perpetuity. These terms are relayed during the initial consultation, confirmed during the "kick-off" call, and reiterated in the client's project Statement of Work in section V.  PLEASE NOTE: Payment for website design and authoring services DOES NOT transfer copyright privileges or intellectual property rights to our clients. However, upon full payment of the client's balance, the client will be permitted co-owner administration privileges to execute back-end business operations, including but not limited to: inventory management, appointment control, calendar updates, social media marketing, Google analytics tracking, invoice management, premium subscription features, and marketing and promotion. After Stuckey Enterprises is paid in full for website design services, the client shall be added to the website as a co-owner via their WIX account. This process grants the client access to all privileges to operate the site, except for the following actions: The client may not edit or revise the website's aesthetic look (publicly facing view), including textual content, photos, and applications.  The client may not unpublish the site from the world wide web.  The client may not delete or transfer the site to another platform or web design service.  Stuckey Enterprises does not currently offer the option to purchase exclusive copyright privileges to the intellectual works produced by the corporation or any of its subsidiaries. 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 3. Use the Site to advertise or offer to sell goods and services. 4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 5. Engage in unauthorized framing of or linking to the Site. 6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 7. Make improper use of our support services or submit false reports of abuse or misconduct. 8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 10. Attempt to impersonate another user or person or use the username of another user. 11. Sell or otherwise transfer your profile. 12. Use any information obtained from the Site in order to harass, abuse, or harm another person. 13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 16. Delete the copyright or other proprietary rights notice from any Content. 17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or using or launching any unauthorized script or other software. 22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 23. Use the Site in a manner inconsistent with any applicable laws or regulations. Any acts committed in violation of the above terms will result in immediate removal of your profile and a lifetime ban of future use of services.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage,or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. GOVERNING LAW These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

INFORMAL NEGOTIATIONS: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. FAILTURE TO PAY AS AGREED: If the client fails to pay as agreed, he or she will face litigation for the amount owed, plus any court costs and filing fees, late fees, interest accruals, and $20.00 per day during court proceedings up until the amount is paid in fulll. NO EXCEPTIONS. BINDING ARBITRATION: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, CO. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, CO, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than zero (0) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. RESTRICTIONS: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. EXCEPTONS TO INFORMAL NEGOTIATIONS & ARBITRATION: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREM APPROPRIATE. SITE CORRECTIONS: There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ZERO (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.