CLAIM CONNECT IQ, LLC

TERMS OF SERVICE

These Subscriber TERMS OF SERVICE ("Terms of Service") constitute a bindingcontract between you ("Subscriber" or "Customer" or "you") and CLAIM CONNECT IQ,LLC (referred to hereafter as either "CLAIM CONNECT IQ" "Company"), regarding theterms under which the Company will provide Subscriber with access to the Services.

BY CLICKING ON THE BUTTON MARKED "I ACCEPT", SUBSCRIBER SIGNIFIES ITSAGREEMENT TO ABIDE BY THESE TERMS OF SERVICE ("Acceptance"). Subscriberagrees that its assent, given electronically, will have the same legal effect as if, it hadbeen personally signed by Subscriber. To the extent permitted by law, these Terms ofService are intended to supersede any provisions of applicable law, which mightotherwise limit their enforceability or effect, because they were entered into electronically.Please print a copy of these Terms of Service for future reference.

1) TERMINOLOGY.

  • "Effective Date" - refers to the date that the Company confirms Subscriber's right to usethe Subscription Website.
  • "Course Files" - refers to the files (videos, documents, photos, and so on) that aSubscriber may use during the applicable course.
  • "Gift Subscription" - refers to a right to use the Subscription Website as a recipient of agift, i.e., the recipient does not have to provide credit/debit card information during theregistration process. The sender of the Gift Subscription is not deemed a Subscriber,but the recipient of a Gift Subscription will be deemed a Subscriber upon Acceptance ofthese Terms of Service.
  • "Free or No Fee Course" - refers to a temporary right to use the Subscription Websiteat no charge during the permissible Free or No Fee Course period and in accordancewith any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A Free or No Fee Course may or may not require the insertion of credit/debitcard information.
  • "Services" - means the Public Website, the Subscription Application, and their entirecontents, features and functionality (including but not limited to, all information, software,text, displays, images, video and audio, and the design, selection and arrangementthereof, the Standard Content, and any documentation pertaining to the foregoing).
  • "Subscriber" - also referred to as "Member", refers to anindividual/entity/organization/institution that has the right to access the SubscriptionWebsite via a Subscription Fee ("Paid Subscription"), or other basis. A Subscriber mustbe at least 18 years of age or, as applicable, the age of majority in the country, state orother jurisdiction in which the Subscriber resides, and possess the legal right and abilityto enter into binding contracts. Furthermore, a Subscriber may be an 'Individual' or'Multi-User' Subscriber as follows:
  • 'Individual Subscriber,' refers to a Subscription by one individual only ("IndividualSubscription"); or
  • 'Multi-User Subscriber,' refers to an entity, organization, or institution, that subscribes tothe Services for use by its constituents, who may include employees, students, faculty,or other end users, etc. ("Constituents") ("Multi-User Subscription"). The Subscriberunder a Multi-User Subscription will remain liable for all acts or omissions of itsAuthorized End Users (defined below) with respect to access and use of the Services;furthermore, and for the avoidance of doubt, the Subscriber will be responsible forensuring that its Authorized End Users remain fully compliant with these Terms ofService, the Privacy Policy and the Website Use Policy. With respect to a Multi-UserSubscription, the following terms will apply:
  1. "Authorized End Users", refers to the Constituents of the Multi-User Subscriber. Thenumber of Authorized End Users under any single Multi-User Subscription may notexceed the number of permitted seats paid under the Subscription ("Maximum Seats").The Authorized End User’s identifier must not be of a generic nature. An example of aunique identifier is john.doe@company.com; examples of generic identifiers include thefollowing: support@company.com or user1@university.edu.
  2. "Master Administrator" means the administrator designated by the Multi-User Subscriberwho has reporting access and management tools and who may substitute Authorized EndUsers not to exceed the number of Maximum Seats.
  • Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, totreat password, usernames, and other security information ("AuthenticationInformation"), as confidential and to not provide any other person with access to theSubscription Website or portions of it using Subscriber's (or the Authorized End User's)Authentication Information. Subscriber will notify the Company immediately of anyunauthorized access to, or use of, Authentication Information. The Company has theright to disable any Subscriber or Authorized End User access to the Services at anytime, in its sole discretion [for any or no reason, including] if, in the Company’s opinion,Subscriber and/or Authorized End User has violated any provision of these Terms ofService or appear likely to do so.
  • "Subscription" - refers to a right to use the applicable portion of the Subscription Websiteas a Subscriber under a Paid Subscription, or other form of right and/or fee to accessthe Subscription Website.
  • "Subscription Term" - means the period of time that a Subscriber may utilize theapplicable portion of the Subscription Website.• “Subscription Website” - means the applicable portion of the Website (i.e., PremiumContent or Standard Content or any portion thereof), which is available only to aSubscriber.
  • "Virus" means any item or device (including any software, code, file or program) whichis designed to prevent, impair or otherwise adversely affect the operation of anycomputer software, hardware or network, any telecommunications service, equipmentor network or any other service or device; prevent, impair or otherwise adversely affectaccess to or the operation of any program or data, including the reliability of any programor data (whether by re-arranging, altering or erasing the program or data in whole orpart or otherwise); or adversely affect the user experience, including worms, trojanhorses, viruses and other similar things or devices.
  • "Website" - means all information, content, concepts, program interfaces, structures,functionality, computer code, published materials, electronic documents, graphic filesand other technology inherent in Company's website located www.holisticoffice.biz (orsuch other web address notified by the Company to Subscribers at any time), andincludes the entirety of both the Subscription Website and the Public Website.

2) INFORMATION ABOUT THE COMPANY.

Claim Connect IQ, LLC is a California Limited Liability Company headquartered atOceanside, California.

3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS,AND OBLIGATIONS.

  • Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive,revocable, non-transferable, and non-sublicenseable right to access that portion of theSubscription Website applicable to the Subscription type. By agreeing to grant suchaccess, the Company does not obligate itself to maintain the Website, or to maintain itin its present form. The Company may upgrade, modify, change or enhance theServices and convert a Subscriber to a new version thereof at any time in its solediscretion, to the extent that this is not detrimental to Subscriber’s use of the Servicesand on reasonable prior notice to Subscriber (unless the change is of critical businessimportance or outside the Company’s control, in which case the Company will explainthe reason for the changes as soon as is reasonably practicable).
  • Subscriber agrees to abide by any rules or regulations that the Company publishes withrespect to conduct of Subscribers and other users of the Website, which rules andregulations are hereby incorporated into these Terms of Service by this reference. TheCompany reserves the right to deny a Subscriber and/or an Authorized End User accessto the Subscription Website if, in the Company’s sole discretion, Subscriber and/orAuthorized End User has failed to abide by these Terms of Service or appear likely todo so.
  • Subscriber accepts that the Company in its sole discretion may, but has no obligationto, monitor the Services or any portion thereof, and/or to oversee compliance with theseTerms of Service.
  • Subscriber promises, acknowledges, and agrees on behalf of itself and its AuthorizedEnd Users (in the case of Multi-User Subscriptions) that:
  1. Access privileges may not be transferred to any third-parties;
  2. It will not access, store, distribute or transmit any Viruses;
  3. It will comply with all applicable laws and regulations with respect to use of the Services;
  4. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Servicesor any component thereof;
  5. It will not translate, decompile, or create or attempt to create, by reverse engineering orotherwise, the source code from the object code made available hereunder;
  6. It will not reproduce, distribute, modify, create derivative works of, publicly display,publicly perform, republish, download, store or transmit the Services or any portionthereof;
  7. It will not delete or alter any copyright, trademark or other proprietary rights notices fromcopies of materials from the Website or contained in the Services;
  8. It is solely responsible for acquiring, installing, operating and maintaining the hardwareand software environment, network connections, and telecommunication links, necessaryto access and use the Services;
  9. It will not use the Services in any manner, or in connection with any content, data,hardware, software or other materials that infringes upon or violates any patent, copyright,trade secret, trademark, or other intellectual property right of any third party, or thatconstitutes a defamation, libel, invasion of privacy, or violation of any right of publicity orother third party right, or that is threatening, harassing or malicious.
  • If you are a Multi-User Subscriber, you promise to obtain any and all consents requiredby law, including, but not limited to, (i) consent to transfer personally identifiable information of your Authorized End Users, and your representatives, to the UnitedStates, if applicable, (ii) consent to compile reports as to usage of the Services by yourAuthorized End Users and provide such reports to you, and (iii) any other consents thatmay be required in order for us to provide the Services to you and your Authorized EndUsers. You promise to obtain necessary consents from all relevant bodies includingWork Councils, from your Authorized End Users, from the parents or legal guardians ofyour Authorized End Users (where necessary), and from other applicable individuals.

4) AVAILABILITY OF WEBSITE.

Subscriber recognizes that the traffic of data through the Internet may cause delaysduring the download of information from the Website and accordingly, it shall not hold theCompany liable for delays that are ordinary in the course of Internet use. Subscriberfurther acknowledges and accepts that the Website will not be available on a continualtwenty-four hour basis due to such delays, or delays caused by the Company's upgrading,modification, or standard maintenance of the Website.

5) INTELLECTUAL PROPERTY RIGHTS.

  • The Services are owned by the Company, its licensors or other providers of suchmaterial, and are protected by United States and international copyright, trademark,patent, trade secret and other intellectual property or proprietary rights laws.
  • No right, title or interest in or to the Services or any portion thereof, is transferred to anySubscriber or Authorized End User, and all rights not expressly granted herein, arereserved by the Company to itself.

The Company name, the Company logo, and all related names, logos, product andservice names, designs and slogans, are tradenames and trademarks of the Company orits affiliates or licensors. Subscriber may not use such marks without the prior writtenpermission of the Company. All other names, logos, product and service names, designsand slogans on this Website are the trademarks of their respective owners.

6) COMPANY OBLIGATIONS.

The Company will use commercially reasonable efforts to enable the Services to beaccessible, except for scheduled maintenance and required repairs, and except for anyinterruption due to causes beyond the reasonable control of, or not reasonablyforeseeable by the Company, including, but not limited to, any Force Majeure Event (asdefined below). The foregoing undertaking shall not apply to the extent of any nonconformance caused by use of the Services contrary to the Company's instructions, ormodification or alteration of the Services by any party other than the Company. If theServices are in non-conformance with the foregoing undertaking, the Company will, at itsexpense, use all reasonable commercial endeavors to correct any such non-conformancepromptly, or provide Subscriber with an alternative means of accomplishing the desiredperformance.

7) FEES AND PAYMENT.

  • Subscription Fee. Subscriber agrees to pay the appropriate fee corresponding to theparticular Services that it wishes to access for the applicable Subscription Term(“Subscription Fee”). The Company reserves the right to change the Subscription Feewith respect to a Renewal Term with prior written notification. Unless otherwiseexpressly stated, all fees are non-cancellable and non-refundable.
  • Free or No Fee Subscription. If Subscriber cancels a Free or No Fee Subscription beforeit expires, Subscriber’s credit/debit card will not be charged. If Subscriber does notcancel before expiration of the Free or No Fee Subscription, Subscriber willautomatically be enrolled in the appropriate membership (depending on Subscriber’sFree or No Fee Subscription sign-up choice), and Subscriber’s credit/debit card will bebilled accordingly.
  • Payment Details. Recurring charges are billed in advance of service. Subscriber agreesto provide the Company with valid, up-to-date and complete debit/credit card, contactand billing details. Subscriber further authorizes the Company to bill such debit/creditcard on the Effective Date (and corresponding Renewal Dates, if appropriate) for theSubscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services,Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’ssubscription to the Services and require Subscriber to pay the overdue amount by othermeans acceptable to the Company. Company may charge a fee for reinstatement ofsuspended or terminated accounts. Subscriber agrees that until its subscription to theServices is properly terminated, it will continue to accrue charges for which it remainsresponsible, even if it does not use the Services. In the event legal action is necessaryto collect on balances due, Subscriber agrees to reimburse the Company for allexpenses incurred to recover sums due, including attorney fees and other legalexpenses. Unless otherwise expressly stated, all fees are stated in United Statesdollars.
  • Taxes. Subscriber is responsible for all applicable sales, use, transfer or other taxes andall duties, whether international, national, state, or local, however designated, which arelevied or imposed by reason of the transaction contemplated hereby, excluding,however, income taxes on profits which may be levied against the Company.

8) TERM AND TERMINATION.

  • Term.
  1. General Subscription. Subscriber may subscribe to the Services for the applicable termof the specific Subscription commencing on the Effective Date (“Initial Term”). Thereafter,the Subscription will renew automatically on the corresponding anniversary date(“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with theInitial Term, the “Subscription Term”), until Subscriber notifies Company of its intentionnot to renew prior to the end of the then-current term.
  2. Free or No Fee Subscription. Subscriber may cancel a Free or No Fee Subscription atany time before it expires by following the relevant instructions. Continuance of theSubscription beyond the expiration of the Free or No Fee Subscription will incur therelevant fee.
  • Termination. The Company reserves the right to terminate or suspend access to all orany portion of the Services for violation or suspected violation of these Terms of Service.
  • Effect of Termination. Subscriber will have no further rights to access the SubscriptionWebsite. Termination will not affect the rights or liabilities of either party that accruedprior to termination.
  • Individual Subscription Termination (applicable only to residents of a member countrywithin the European Union). If you are an Individual Subscriber who is a resident of aEuropean Union member country, then in addition to any other rights under these Termsof Service, you may cancel any Subscription for any reason during the fourteen (14) dayperiod from the Effective Date by submitting a cancellation request through CustomerService. If you do so, and with respect to any paying Subscription, Company may, butis not obligated to, charge you a proportionate amount of the Subscription Fee for thepart of the Subscription that you have used.

9) CONFIDENTIALITY.

Subscriber agrees to maintain the confidentiality of the Company’s ConfidentialInformation. For the purposes of these Terms of Service, the term “ConfidentialInformation” means all portions of the Services, including but not limited to, theSubscription Website.

10) THIRD PARTY LINKS OR INFORMATION.

This Website may contain links to other websites that are not operated by or related toCompany. Company is not responsible for the content, accuracy or opinions expressedin such third-party websites, and does not investigate, monitor, or check these websitesfor accuracy or completeness. The inclusion of any linked website on this Website doesnot imply approval or endorsement of the linked website by Company. A Subscriber thatleaves this Website to access these third-party sites does so at its own risk.

11) DISCLAIMERS OF STATEMENTS/WARRANTIES.

SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THESERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY STATEMENT,WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THESERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, ITSAFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THESERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTIONTHEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITEOR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINEDTHROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OREXPECTATIONS. COMPANY AND ITS AFFILIATES HEREBY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULARPURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICHCANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL ORWRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY,ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE AWARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

12) LIMITATION OF LIABILITY.

  • COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I)DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD ORFRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICHIT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDEITSLIABILITY.

SECTION 12 (B) APPLIES TO MULTI-USER SUBSCRIBERS:

  • IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES,AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT ORCONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT COMPANY HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OFLIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THESERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THEFOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND COMPANY AND ITSAFFILIATE’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OFTHESE TERMS OF SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) THEAMOUNT PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURINGTHE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICHTHE CLAIM OR ACTION AROSE OR (II) TWO HUNDRED DOLLARS ($200),REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT,TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OFMULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BERESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSEOF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.SECTION 12 (C) APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF AEUROPEAN UNION MEMBER COUNTRY:
  • IN NO EVENT WILL COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES,AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIALLOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICHARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSSOR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME ORREVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OFANTICIPATED SAVINGS; OR (V) LOSS OF DATA.

13) INDEMNITY.

Subscriber agrees to compensate and defend fully Company, its officers, employees,agents, successors and assigns, from and against any damages, losses, and expenses(including reasonable attorneys’ fees) resulting from any third-party claim, action ordemand arising out of any breach by Subscriber of any representation, warranty,covenant, obligation or duty of Subscriber under this Agreement.

14) SURVIVAL.

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer ofwarranty, indemnification, and limitation of liability, shall survive the expiration or earliertermination of these Terms of Service.

15) CHANGES.

Except, for any provisions determining the primary contractual obligations of Subscriberand Company hereunder, Company has the right to revise and amend these Terms ofService from time to time to reflect changes in business needs including, but not limitedto, changes in features and functionality, changes in market conditions, changes intechnology, changes in payment methods, changes in relevant laws and regulatoryrequirements and changes in system capabilities. Changes are effective immediatelyupon posting and Subscriber’s continued use of any of the Services following the postingof revised Terms of Service means that Subscriber accepts and agrees to the changes,to the extent permitted by applicable laws.

16) ASSIGNMENT.

Subscriber may not transfer these Terms of Service, in whole or in part. Company maytransfer these Terms of Service and/or subcontract some or all of its obligationshereunder at any time.

17) INJUNCTIONS.

Subscriber acknowledges that a breach of any confidentiality or proprietary rightsprovision of these Terms of Service may cause Company irreparable damage, for whichthe award of damages would not be adequate compensation. Consequently, Companymay seek an injunction to prevent Subscriber from taking any and all acts in violation ofthose provisions, which remedy shall be cumulative and not exclusive, and Company mayseek the entry of an injunction enjoining any breach or threatened breach of thoseprovisions, in addition to any other relief to which Company may be entitled at law or inequity.

18) GOVERNING LAW AND VENUE.

These Terms of Service shall be construed and governed by the laws of the State ofCalifornia, without regard to the principles of conflict of laws thereof. Subscriber agreesand accepts that any legal action or proceeding shall be brought in the federal or statecourts for the State of California, County of San Diego, and Subscriber expressly waivesany objection to personal jurisdiction, venue or forum non conveniens. Additionally, in theevent of any dispute or claim relating to or arising out of these Terms of Service (including,but not limited to, any claims of breach of contract, tort, infringement), Subscriber agreesthat all such disputes/claims will be resolved by means of a court conducted by thesuperior or district court in San Diego County, California, and Subscriber expressly waivesany right it may otherwise have to a jury Course. THE PRECEDING PROVISIONREGARDING VENUE DOES NOT APPLY IF YOU ARE AN INDIVIDUAL SUBSCRIBERRESIDENT IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF YOU ARE ACONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THECOURTS OF THE COUNTRY WHERE YOU RESIDE.

19) NOTICES.

Legal notices may be sent contact@claimconnectiq.com (if by email), or, if Subscriber isin the United States, to Claim Connect IQ, LLC, 825 College Blvd., Suite 102-306,Oceanside, California 92057. Notices to Subscriber may be sent either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as partof its registration data. In addition, Company may broadcast notices or messages throughthe Website to inform of changes to the Website or other matters of importance, and suchbroadcasts shall constitute notice to Subscriber to the extent permitted by applicable law.Any notices or communication under these Terms of Service will be deemed delivered tothe party receiving such communication (a) on the delivery date if delivered personally tothe party; (b) two business days after deposit with a commercial overnight carrier, withwritten verification of receipt; (c) five business days after the mailing date, if sent by mail,return receipt requested; (d) on the delivery date if transmitted by email; or within three(3) days after Company posts a notice on the Website.

20) FORCE MAJEURE.

Company will not be liable or responsible for any failure to perform, or delay inperformance of, any of its obligations that is caused by events outside its reasonablecontrol (“Force Majeure Event”). A Force Majeure Event includes any act, event, nonhappening, omission or accident beyond Company’s reasonable control including, but notlimited to, restrictions of law, regulations, orders, or other governmental directives, labordisputes, acts of God, third party mechanical or other equipment breakdowns, terroristattacks, fire, explosions, fibre optic cable cuts, interruption or failure oftelecommunications or digital transmission links, Internet failures or delays, storms orother similar events.

21) PRIVACY POLICY AND WEBSITE USE POLICY.

Subscriber agrees to comply with the then-current Website Use Policy and Privacy Policy(collectively, the “Policies” and individually, the “Policy”). Please click on the followinglinks to review the Website Use Policy and the Privacy Policy. Company reserves theright to modify either Policy at any time, and to the extent permitted by applicable law,changes to the Policies are effective immediately upon posting on the Website.Subscriber’s continued use of any portion or all, of the Services, following the posting ofa revised Policy means that Subscriber accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Policies, theTerms of Service will prevail.

22) CHILDREN.

We provide services to children and those under the age of 16. For additional information,please see our Privacy Policy.

23) NO THIRD-PARTY BENEFICIARIES.

No person or entity not a party to these Terms of Service will be deemed to be a thirdparty beneficiary of these Terms of Service or any provision hereof.

24) SEVERABILITY.

If any provision of these Terms of Service are held by a court of competent jurisdiction tobe contrary to law, such provision shall be changed and interpreted so as to bestaccomplish the objectives of the original provision to the fullest extent allowed by law andthe remaining provisions of these Terms of Service will remain in full force and effect.

25) WAIVER AND AMENDMENT.

If Company fails to insist upon strict performance of Subscriber’s obligations under anyof these terms and conditions, or if Company fails to exercise any of the rights or remediesto which it is entitled under these Terms of Service, this will not constitute a waiver ofsuch rights or remedies and will not relieve Subscriber from compliance with suchobligations. No waiver by Company of any default will constitute a waiver of anysubsequent default, and no waiver by Company of any of these terms and conditions willbe effective unless it is expressly stated to be a waiver and is communicated to Subscriberin writing.

26) GEOGRAPHIC RESTRICTIONS.

Software, functionality, and/or features (collectively, “Service Functionality”), that may beavailable on or through Website from time-to-time, is subject to United States ExportControls. No Service Functionality from the Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other countrywhich the United States has embargoed goods; or (b) anyone on the United StatesTreasury Department's list of Specially Designated Nationals or the United StatesCommerce Department's Table of Deny Orders. By downloading or using any ServiceFunctionality, Subscriber represents and warrants that it (and its Authorized End Users,where applicable) are not located in, under the control of, or a national or resident of anysuch country or on any such list. Although the Website may be accessible worldwide,Company makes no representation that materials on the Website are appropriate oravailable for use in locations outside the United States, and accessing them fromterritories where their contents are illegal, is prohibited. Those who choose to access theWebsite from other locations do so at their own initiative and are responsible forcompliance with local laws. Any offer for any product, service, and/or information madein connection with the Services is void where prohibited.

27) COMPLETE UNDERSTANDING.

These Terms of Service, together with the Website Policy and the Privacy Policy,constitute the sole and entire agreement between Subscriber and Company with respectto the Services and supersedes all prior and contemporaneous understandings,agreements, representations, warranties or terms and conditions, both written and oral,with respect to the Services.

28) REVISONS,CHANGES OR UPDATES

Company reserves all rights to revise, change or update its Website and its Terms ofService at its sole discretion without providing any notice and requiring any approval ofSubscriber.

EFFECTIVE DATE: November 2019