Legal

Privacy and Cookies

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‍Effective Date:  Jan 1, 2022

Your information privacy is important to us.  We provide this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the SMTM website (“Site”) and any other services offered by SMTM LLC, and any other time you interact with our Company. (“Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below).  This Privacy Policy applies to all users of the Site and Services.  The Site and Services are provided by SMTM LLC (“Company” “we” “our” “us”).

BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ IT CAREFULLY.  

  1. Personal Information We Collect

We collect the following categories and types of “Personal Information”: 

  • Contact Information: your first and last name and email address; 
  • Other identifying information: IP address; 
  • Demographic information: gender and age; 
  • Geolocation data;  
  • Internet or other electronic activity: your browsing and click history, including information about how you navigate within our Site and Services and which elements of our Site and Services you use the most; 
  • Commercial information:  products purchased or viewed using our Services; 
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude. 
  1. How We Use Personal Information

We use your Personal Information for the following categories of use:

  • Transactional Purposes: We use your contact information and commercial information to: 
  • Receive, process, confirm, send and track your account registration if you register for an account;  and
  • Communicate with you about your registration if you register for an account.
  • Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.
  • Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:
  • Inform you of our new products, services and offers if you signed up for our newsletter;
  • Administer sweepstakes, contests and other promotions; 
  • Allow influencers using our Services to contact you about products and services that you may be interested in; 
  • Provide you with targeted advertising; and 
  • Provide you with other information from and about our Company, including personalized marketing communications if you signed up for our newsletter. 
  • Maintenance and Improvement of the Site and Services: We use your contact information, commercial information, and internet activity and browsing history to: 
  • Provide you with the Site and Services, including to send you alerts about your account;
  • Handle your customer services requests; and
  • Help us diagnose technical and service problems and administer the Site, and the Services.
  • Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, geolocation data, internet activity and browsing history, and inferences to protect the Site and services, our Company, and others and to prevent fraud, theft and misconduct.
  1. Sources of Personal Information

We collect Personal Information from the following sources: 

  • We collect information directly from you. We collect contact and demographic information directly from you. 
  • We collect information about you from third parties. We collect your Personal Information from third parties, such as social media sites.  We may collect your Personal Information from Meta/Facebook and its affiliates, in accordance with their terms of use and privacy policy. 
  • We collect information from you passively. We collect internet or other electronic activity passively using tools like browser cookies. This activity is further described in the Cookies and Advertising and Online Tracking sections below.
  1. Categories of Third Parties We Share Personal Information With

Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. Our affiliate networks are examples of such Service Providers, where they may run an affiliate link that our website links out to, including third party brands that are linked through our influencer websites that are powered by our Services, for purposes of facilitating the sale of products and services that are linked by influencers. . We only provide our Service Providers with the information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us. 

Our Affiliates

We may share Personal Information with businesses controlling, controlled by, or under common control with our Company.  

Corporate Transactions

If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information in connection with such transaction.  You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

  1. Cookies

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie).  We use cookies and other similar technologies to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking Section of this Privacy Policy.  Most web browsers are initially set up to accept cookies.  You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies.  Some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We use Google Analytics on the Site and Services to analyze how users use the Site and Services, and to provide advertisements to you on other websites.  For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

  1. Advertising and Online Tracking

We may allow third-party companies to serve ads and collect certain information when you visit the Site and Services.  These companies may use certain information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you.  These companies typically use a cookie to collect this information.  Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices.  To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/.  We also provide you with additional tools to opt out of marketing from us.  You can learn about this in the “Managing Your Information Preferences” section of this Privacy Policy.

  1. Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by changing the relevant settings in your account or by e-mailing us at info@smtm.shop.  You can also opt out of receiving marketing e-mails from us by following the link provided at the bottom of all marketing e-mails you receive from us.  You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at that same address. 

  1. Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others.  In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others.  This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

  1. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us.  However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

  1. Links

Our Site and Services may contain links to other websites or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites.  You access such third-party websites or content at your own risk.  You should always read the privacy policy of a third-party website before providing any information to the website.

  1. Children’s Privacy

The Site and Services are intended for users who are 18 years old or older.  We do not knowingly collect Personal Information from children under the age of 18.  If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.

  1. Processing in the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.

  1. Contact Us

If you have any questions or concerns, you may contact us at info@smtm.shop.

Please print a copy of this privacy policy for your records and PLEASE check the Site frequently for any changes.

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Terms of Service

Effective Date:  Jan 1, 2022

These Terms of Service contain an arbitration provision.  Please review the Arbitration section for details.

These Terms of Service (“Terms”) govern your use of the SMTM website (“Site”) and other services offered by SMTM LLC (“Services”).  SMTM LLC (“we” or “us”) provides the Site and Services.  “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

  1. Eligibility

You must be at least 18 years old to use the Site or the Services.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian. 

  1. Account Registration

In order to use certain aspects of our Services, you are required to register for an account and provide your username, email address and password. You represent and warrant that all registration information and personal details that you provide to us is accurate.

  1. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

Occasionally we will offer special promotions to our end users, such as contests or sweepstakes. We may also partner with brand affiliates to offer such promotions. These offers may be for a limited time only and would be subject to Additional Terms.  

  1. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site or Services, you may not:

• violate any law or regulation;

• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;

• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

• stalk, harass, or harm another individual;

• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

• use any means to scrape or crawl any Web pages contained in the Site;

• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

  1. Ownership

We own or license all right, title, and interest in and to (a) the Sites and Services, including all software, text, media, and other content available on the Sites and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Site and Services, each influencers content, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Site and Services are copyright © SMTM LLC. All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from SMTM LLC.

  1. Privacy

Your privacy is very important to us.  Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

  1. Influencer Content and Third Party Links 

Note that we are an online intermediary, allowing influencers to create white label sites and link you to third party e-commerce sites, where you can make purchases. While we and the influencers both receive a percentage of the sale of items purchased from such third party e-commerce sites that you link to through our Services (by virtue of providing the white label sites), we do not endorse, and hereby disclaim any responsibility or liability for, any content that influencers may post on their website, and any third party sites, products or services.

We do not control content (including the images, views or opinions) of the white label sites that we host, nor do we control any of the third party site links or third party products or services that influencers may link out to. If you make any purchases using our Services, this is done on third party websites. You should always read, and you are responsible for understanding, any purchase terms, including return and refund policies of such websites, with respect to any third party products or services, as well as the privacy policy of any third-party website before using it. You represent and warrant that you will look solely to the third party e-commerce sites from which you purchase any products and services for any claims, losses, liability, customer support, or other matters related to your use or access to such third party websites, or the use or purchase of any third party products and services, and shall indemnify and hold us harmless from any of the foregoing. 

We hereby disclaim and we are not responsible or liable for any damage or loss related to the use of any influencer or third-party website, or any third party products or services that you may use or purchase in connection with the use of our Site or Services.  

  1. Changes to the Site or Services

We enhance and update the Site and Services often.  We may change or discontinue the Site or Services at any time, with or without notice to you.

  1. Termination

We reserve the right to not provide the Site or Services to any person.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES.  OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES. 

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO INFLUENCER CONTENT THAT MIGHT BE OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INFLUENCER CONTENT OR THIRD PARTY PRODUCTS OR SERVICES,  INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY INFLUENCER CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFLUENCER CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR THIRD PARTY PRODUCTS OR SERVICES THAT YOU MAY ACCESS OR PURCHASE THROUGH OUR SERVICES. YOUR ACCESS TO LINKED SITES AND ANY PURCHASES FROM THOSE SITES ARE AT YOUR OWN SOLE RISK. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.  

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.  You and we hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. 

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and we also have the right to bring qualifying claims in small claims court.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of these Terms.  This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  1. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions.  

You agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in New York, New York.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.  

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.  

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  1. Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Site or Services, you are agreeing to the revised Terms.  

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

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