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TERMS OF USE

 

Last updated May 13, 2024

 

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT CONTINUE WITH THE USE OF THIS OR ANY OTHER WEBSITE, APPLICATION, OR SOFTWARE PROVIDED BY INFLUENTIAL SEARCH THAT IS GOVERNED BY THESE TERMS OF USE.

 

Welcome to InfluentialSearch.com (“Website”), which is owned, operated, and controlled by Influential Search LLC (“Influential Search,” “We,” or “Us”).

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These Terms of Use (“Terms”) govern the use of the Website and any associated online products, platforms, applications, software, or services, (collectively, “Services”), by you or any entity you represent (“You” and “Your”).  In some instances, both these Terms and separate terms issued and/or offered by Influential Search setting forth additional conditions may apply to specific Services offered (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

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By visiting the Website or otherwise using the Services in any manner, You acknowledge, accept, and agree to be bound by these Terms, including the binding arbitration terms in Section 13, and any applicable Additional Terms. You also acknowledge, agree, and consent to our data practices with respect to personal information obtained through the Website or Services as more fully described in our Privacy Policy.

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By visiting the Website or otherwise using the Services, You represent and warrant that You, or any entity You own or control, or, if You are authorized to act on behalf  of an entity, the entity that owns or controls You, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, the U.S. Government (including without limitation, the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority, and not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

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Please read these terms carefully before visiting the Website or otherwise using the Services. These Terms constitute a legally binding agreement between You and Influential Search and affect Your legal rights, responsibilities and obligations, and limit Influential Search’s liability to You. They further require You to indemnify Influential Search and agree to settle certain disputes through individual arbitration. These Terms do not affect Your mandatory statutory rights under applicable laws, to the extent that such rights apply to You and cannot be limited or excluded. IF YOU DO NOT AGREE TO THESE TERMS AND ANY ADDITIONAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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Influential Search reserves the right, at its sole discretion, to change these Terms or Additional Terms at any time without notice.  All such changes will be in effect as of the “Last Updated” date at the top of this page.  Your continued use of the Website and/or Services after the “Last Updated” date constitutes Your acceptance and agreement to such changes as more fully explained in Section 23 below. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

We recommend that you print a copy of these Terms for your records.

 

1. OUR SERVICES

 

The information provided when using the Services 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 Services 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 Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

You agree that you will not use the Services in a manner that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive; that violates any right of any third-party; or that is otherwise objectionable to Influential Search. Influential Search reserves the more general and broad right to terminate your account or suspend or otherwise deny Your access to the Services or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

 

Services Use Restrictions. You agree that You will not: (i) use the Services for any political or commercial purpose in competition with us (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) use the Services to engage in any activities that harm or attempt to harm any individuals or entities; (iv) use the Services to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever; (v) modify any source or object code accessible on the Service nor other products, services, or processes accessible through any portion of the Services; (vi) engage in any activity that interferes with another user’s access to the Services, the proper operation of the Services, or that otherwise causes harm to the Services, Influential Search, or other users of the Services; (vii) interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Services or any feature that restricts or limits the use of or access to the Services, the Content, or the User Generated Content (“UGC”); (viii) harvest or otherwise collect or store any information, including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users; (ix) attempt to gain unauthorized access to the Services or other computer systems or networks connected to the Services through password mining or any other means; or (x) otherwise violate these Terms or any applicable Additional Terms.

 

Influential Search, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Website and Services, including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Services, (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

 

All Content herein is owned or controlled by Influential Search, its licensors, or certain other parties. All rights, title, and interest in and to the Content available via the Services are the property of Influential Search, its licensors, or certain other parties. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

 

Your use of our Services

 

Subject to your strict compliance with these Terms and any applicable Additional Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to:

  • access the Services; and

  • 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 or internal business purpose.

 

The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations. As Your right to access and use the Services and the Content is personal to You, You may not assign or transfer your right; any attempt to do so is void.

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Subject to any applicable Additional Terms, You may (i) share the Content on social media (ii) initiate and send communications to one or more of Your contacts that includes a copy of the Content, and/or (iii) post the Content to third-party services, including Your own personal non-commercial website; provided, however, that (i) You share the Content in a manner that does not violate applicable law or the rights of any third-party, including without limitation intellectual property rights, rights of publicity, and rights of privacy, (ii) You do not take any action that may reflect negatively on Influential Search or its licensors, and (iii) You only send communications to recipients You have permission to contact.

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Except as set out in this section or elsewhere in our Terms, no part of the Services 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.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: hello@influentialsearch.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

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These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Website, Services, and Content contained herein. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY Influential Search AND ITS LICENSORS AND OTHER PARTIES. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Website, Content, or Services for any purpose is strictly prohibited.

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Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

 

Your submissions

 

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services 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 Services (or any portion thereof).

 

4. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services 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 Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • 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.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • 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").

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • 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 Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, 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.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Services to advertise or offer to sell goods and services.

 

5. USER GENERATED CONTRIBUTIONS

 

Influential Search may now, or in the future, provide the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit to Influential Search (i) through the Website, (ii) its Services, or (iii) via certain third-party platforms, in connection with any Influential Search marketing or promotions in any media or manner, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein, (collectively, “User-Generated Contributions” or “UGC”). Subject to the rights and licenses You grant Influential Search under these Terms and subject to any applicable Additional Terms, You retain whatever legally identifiable right, title, and interest that you may have in your UGC, provided, however, that none of Your UGC contains any Content. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

   

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

Non-Confidentiality of UGC. Except as otherwise described in our posted Privacy Policy or any applicable Additional Terms, You agree that (i) any UGC will be treated as non-confidential and non-proprietary by Influential Search – regardless of whether you mark them “confidential,” “proprietary,” or the like, (ii) any UGC submitted will not be returned, and (iii) to the maximum extent permitted by applicable law, Influential Search does not assume any obligation of any kind to You or any third-party with respect to the UGC. Upon request, You will provide documentation necessary to authenticate rights to such content and verify Your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may not be secure and may be subject to breaches of security. Accordingly, You acknowledge and agree that UGC is submitted to Influential Search at your own risk.

 

6. CONTRIBUTION LICENSE

 

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

Except as otherwise described in any applicable Additional Terms that specifically govern the submission of your UGC, You hereby grant Influential Search, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the rights granted include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine the same with other materials, and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. In exercising its rights hereunder, Influential Search may remove or alter metadata, notices, and content, including copyright management information from the UGC. You consent to such alteration and/or removal and further represent and warrant that You have all necessary authority to do so. As permitted by applicable law, You grant Influential Search the unconditional, perpetual, and irrevocable right to use and exploit Your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to You. Except as prohibited by law, You waive any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such moral rights (if any) in a manner that interferes with Influential Search’s exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6.

 

7. THIRD-PARTY WEBSITES AND CONTENT

 

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

8. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, 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 Services 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 Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

9. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://www.influentialsearch.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these erms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

10. TERM AND TERMINATION

 

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE 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.

 

11. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

12. GOVERNING LAW

 

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

 

13. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE ARBITRATION WAIVERS.

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (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. If you have a dispute, first contact Influential Search here: hello@influentialsearch.com and send a written description of your claim, so that Influential Search can attempt to resolve it with You. If Influential Search does not satisfactorily resolve Your claim within thirty (30) calendar days of receiving written notice to Influential Search of your claim, then you may pursue the claim in arbitration. Neither You nor Influential Search may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If You are sending a written notice of your intent to file for arbitration to Influential Search, please send such notice via U.S. mail to Influential Search, ℅ United States Corporation Agents, Inc.,101 N. Brand Blvd. 11th Floor Glendale, CA 91203. If Influential Search is sending You a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for You.

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YOU AND Influential Search AGREE TO ARBITRATE – RATHER THAN LITIGATE– any and all claims, disputes, or controversies between you and Influential Search, including any parents, subsidiaries, officers, directors, employees, or agents of Influential Search, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (collectively “Disputes”) that arise out of or in any way relate to these Terms, any of the Services provided hereunder or any other services or products that Influential Search may offer or provide to You in connection with these Terms (including without limitation amounts that Influential Search charges You for services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of our Privacy Policy. The term “Dispute” means any and all past, present or future disputes, claims or controversies between You and Influential Search, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, any such disputes, claims or controversies arising out of or relating to the validity, enforceability, interpretation and/or scope of this dispute resolution agreement, provided, however, that the term “Dispute” does not include any such disputes, claims or controversies arising out of or relating to the validity, enforceability, interpretation and/or scope of the Class Action, Class Action Arbitration and Collective Arbitration Waivers set forth in Section 9.2 below, or whether claims to resolve any Disputes must proceed solely on an individual basis, all of which shall be decided by a court of competent jurisdiction, and not by an arbitrator. With that sole exception which shall be broadly construed, the term “Dispute” shall be given the broadest possible meaning. You and Influential Search also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to You by Influential Search under any other agreement. Notwithstanding this agreement to arbitrate, You and Influential Search may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court’s jurisdiction.

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Class or Collective Arbitration; Class Action Waiver; Collective Arbitration Waiver

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You agree that all Disputes between you and Influential Search will be arbitrated individually, and that there will be no class, collective, coordinated representative, or consolidated actions in arbitration (“Class or Collective Arbitration” as more fully defined below). You further agree that any action or agreement by You to bring claims or to participate in any claims related to a Dispute in a Class or Collective Arbitration is contrary to these Terms. A Class or Collective Arbitration shall include, but is not limited to, any claim (i) to resolve a Dispute involving two (2) or more similar claims for arbitration filed by or on behalf of one or more claimants; (ii) which involves common questions of law or fact; (iii) which involves an agreement to cooperate or coordinate the arbitration demands being asserted against the same defendant(s); and (iv) is initiated at or near the same time. You agree that this Class Action Waiver and Collective Arbitration Waiver shall be binding in any arbitral proceeding. No arbitrator shall have the authority to consolidate, join, or allow the coordination of more than one (1) person’s claims or to preside over a class, collective, mass, or representative proceeding in any form. No arbitrator shall have the authority to determine the enforceability of this Section. If you or Influential Search brings a claim in small claims court, the Class Action Waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Influential Search may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Influential Search. Both parties agree that this Class Action Waiver is an essential part of this arbitration agreement and that if this Class Action Waiver is found to be unenforceable by any court, then the entire arbitration agreement set forth in this Section 13 will not apply to any Disputes between you and Influential Search except for the provisions of Section 13 waiving the right to a jury trial. This Class Action and Collective Arbitration Waiver may not be severed from our arbitration agreement.

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Arbitrator Authority

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The arbitration between you and Influential Search will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and Influential Search agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Influential Search. Review of arbitration decisions in the courts is very limited.

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Binding Arbitration

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Arbitration Procedures. You and Influential Search agree that these Terms and the Services Influential Search provides to you affect interstate commerce and that the Federal Arbitration Act, and not state arbitration laws, applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at adr.orgor by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, You must send a letter requesting arbitration and describing Your claims to Influential Search at hello@influentialsearch.com or via U.S. mail to Influential Search, ℅ United States Corporation Agents, Inc., 101 N. Brand Blvd. 11th Floor, Glendale, CA 91203 . You must also comply with the AAA’s rules regarding initiation of arbitration.

If for any reason, a Dispute proceeds in court rather than arbitration, You and Influential Search expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between You and Influential Search if, for any reason, the arbitration agreement is not enforced. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens 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 Legal Terms.

 

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) 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.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations 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.

 

14. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

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DMCA Requirements. We are committed to complying with U.S. copyright and related intellectual property laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). It is our policy to remove and/or discontinue Services to repeat offenders. If any person or entity believes their copyrighted work has been copied and used on the Services in a way that constitutes copyright infringement, they may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

  • Identification of the location where the original or an authorized copy of the copyrighted work exists.

  • Identification of the URL or other specific location on the Services where the material you claim is infringing is located, and enough information to allow us to locate the material.

  • Your name, address, telephone number, and email address so that we may contact you.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Influential Search will only respond to DMCA Notices that it receives by the email listed directly below.

Email: hello@influentialsearch.com

Influential Search may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and it may elect to take any and all action it deems appropriate based on notices that do not substantially comply with the DMCA.

DMCA Counter-Notification. If access to the Services is disabled or the infringing work is removed as a result of a DMCA copyright infringement notice, and You believe in good faith that this was the result of mistake or misidentification, then You may submit a “Counter-Notification” to the email address listed above. The DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: “DMCA Counter-Notification”;

  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);

  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  • your full name, address, telephone number, email address, and the username of your account with us (if any);

  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

  • your electronic or physical signature.

Receipt of DMCA Counter-Notification. If We receive a DMCA Counter-Notification, then We may, in its sole discretion, reverse any action previously taken with respect to the related DMCA Notification. Upon receipt of a Counter-Notification that satisfies the requirements of DMCA, We will provide a copy of the Counter-Notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, You expressly agree that neither Influential Search nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note You may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.

 

15. NOTICES, QUESTIONS, AND CUSTOMER SERVICE

Notices to You. You agree that we may give you notices or otherwise respond to You by mail or to Your email (if we have it on file) or in any other manner reasonably elected by us. You agree that all agreements, notices, disclosures, and other communications that Influential Search provides to you may be sent electronically, and that such communication is valid and satisfies any legal requirement that such communications be in writing.

If You have a question regarding the Services, You may contact Influential Search at hello@influentialsearch.com. You acknowledge that Influential Search has no obligation to provide You with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

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15. CORRECTIONS

 

We strive to accurately describe the Services; however, we do not warrant that such specifications or other content on the Services are complete, accurate, reliable, current, or error-free. There may be information on the Services 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 Services at any time, without prior notice. 

 

16. DISCLAIMER OF REPRESENTATIONS & WARRANTIES

 

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES 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 SERVICES, (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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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 WHERE APPROPRIATE.

 

17. LIMITATIONS OF LIABILITY

 

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE Influential Search PARTIES BE RESPONSIBLE OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE Influential Search PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Influential Search PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Influential search IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE(S) THE CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Influential Search PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY Influential Search PARTIES TO YOU OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) Influential Search PARTIES LIABILITY FOR PERSONAL INJURY TO YOU TO THE EXTENT SUCH IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Influential Search PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

CERTAIN US STATE LAWS AND INTERNATIONAL 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.

 

18. INDEMNIFICATION

 

As permitted by applicable law, 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 and all loss, damage, liability, claim, fines, penalties, settlements, interest, or demand,  (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Influential Search Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) Influential Search’s use of the information that you submit to us (including your UGC) subject to our Privacy Policy; and (viii) your violation of the rights of a third party, including without limitation another user or third-party service provider (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Influentila Search, in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right, at your expense, to settle, compromise, and pay any and all Claims and Losses. Influential Search reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Influential Search. This Section is not intended to limit any causes of action against us that you may have but are not waivable under Applicable Law. 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.

 

19. USER DATA

 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.

 

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, 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 Services, 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 SERVICES. 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.

 

21. CALIFORNIA USERS AND RESIDENTS

 

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.

 

22. MISCELLANEOUS

 

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms 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 is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms 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 or use of the Services. You agree that these Terms 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 and the lack of signing by the parties hereto to execute these Terms.

 

23. UPDATES TO TERMS 

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to use and transactions as of the time that such new Terms or Additional Terms are as posted, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or Additional Terms by discontinuing use of the Services.

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