Terms of Service

Kredifi Terms of Service

Effective Date: July 15, 2019

These Terms of Service (“Terms”) are the conditions that govern when users access or use Kredifi, Inc.’s (“Kredifi” or “we” or “our”) website located at https://www.kredifi.com and Kredifi’s products and services, including but not limited to confirmation of Employee Eligibility Verification (I-9) status and Social Security Number, criminal record searches, civil record searches, driving record searches, education verification, reference checks, international record searches, healthcare sanctions and exclusions, ongoing monitoring, personal (self) checks, and drug screenings (the “Services“). These Terms apply to all users of Kredifi’s Services, including but not limited to individuals and business customers who request or access Kredifi’s Services, candidates who will be subject to screening or background checks, website visitors, and others.  If you use the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity.

By checking a box next to the statement “I agree to Kredifi’s Terms of Use and Privacy Policy,” otherwise indicating acceptance of these Terms, and/or by soliciting or using our Services, you accept and agree to comply with these Terms and Privacy Policy, which is incorporated by reference and explain how we collect, use, and share personal information. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITE.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13). IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

We reserve the right to revise these Terms at any time. Please check this page periodically for changes. To the extent required by applicable law, we may attempt to provide you with notice of any material changes to these Terms by emailing the email address we have on file for you or by displaying a notice on our Services. If you do not agree with the changes, you should contact us and discontinue your use of the Services. Your continued use of the Services following the posting of changes to these Terms will mean you agree to be bound by those changes, except as provided in the Arbitration and Class Action Waiver section below.

  1. Eligibility

You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.

  1. Your Account

You may need to register an account with Kredifi in order to utilize the Services, including access to the background check platform offered by Kredifi to obtain background reports on consumers. You are responsible for maintaining the confidentiality of your account credentials.  If you suspect that there has been unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, and accurate account information. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password.  If you are accessing and using the Services on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Services resulting from such access or use.  We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

  1. Compliance with Laws

You agree to adhere to the following:

  • You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations, including but not limited to the Fair Credit Reporting Act and the Equal Employment Opportunity Act; and

  • You will not use the Services to request a consumer report on any individual other than yourself without that person’s written authorization.

Notice of Penalty under the Fair Credit Reporting Act: THE FEDERAL CREDIT REPORTING ACT PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

  1. Authorization of Background, Consumer, and/or Investigative Reports

In the Services, you may authorize Kredifi and partnering entities to obtain background, consumer, or investigative consumer reports. If you provide such authorization, you understand and agree that: (1) the party you authorize may obtain information about your character, general reputation, personal characteristics, and/or mode of living, which can involve personal interviews with sources such as your neighbors, friends, or associates; (2) reports may include checks regarding your criminal history, credit history, eviction records, validity of your Social Security Number or other official identification, driving records, drug screening, professional license and disciplinary history, verification of your education or employment history; and 3) any requested entity, such as a law enforcement agency, state or federal agency, institution, administrator, school or university (public or private), information service bureau, employer, or insurance company may furnish the background information requested by Kredifi or partnering entities.  

  1. Intellectual Property and Limited License

Kredifi and its subsidiaries, affiliates, partners, and licensors own all intellectual property rights associated with the Services, including patents, copyrights, trademarks (whether registered or unregistered), trade dresses, trade secrets, design rights (whether registered or unregistered), know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing (collectively, “Intellectual Property Rights”). All such Intellectual Property Rights will remain the exclusive property of Kredifi and its subsidiaries, affiliates, partners, and licensors, and are protected by United States and international laws, including laws governing copyrights and trademarks. And except as explicitly provided herein, or as required under applicable law, nothing in these Terms gives you a right to use the Intellectual Property Rights, and neither the Services nor any portion of the Site may be used reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent and as explicitly provided herein.

Subject to these Terms, Kredifi grants you a worldwide, limited, revocable, non-exclusive license to access and use the Services as they are provided to you by Kredifi for your own use only.  The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Kredifi’s prior written permission, which it may withhold in its sole discretion.  You acknowledge that Kredifi is the owner and licensor of the Intellectual Property Rights, and that your use of the Intellectual Property Rights confers no additional interest in or ownership of the Intellectual Property Rights. Violation of any provision of these Terms or other applicable agreements may result in immediate termination of the License, in Kredifi’s sole discretion.

Any feedback, comments, or suggestions you may provide regarding Kredifi’s Services is entirely voluntary. In our sole discretion, we will be free to use such feedback, comments, or suggestions in our Services (including any corresponding intellectual property rights) as we see fit and without any obligation to you.

  1. User Content

We may allow users to post, upload, publish, submit or transmit content through our Services (“User Content”). You hereby grant Kredifi a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, display, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such User Content throughout the world to provide the Services and for the purposes for which you submit such User Content, including for Kredifi to transmit dispute or rehabilitation information to third parties who have requested background reports about you.

You represent and warrant that you either are the sole and exclusive owner of all User Content that you submit or you control all rights, licenses, consents and releases that are necessary to grant to Kredifi the rights in such User Content.

You agree not to post, upload, publish, submit or transmit User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  • Violates any law or contractual or fiduciary relationships;

  • You know or have reason to know is false, fraudulent, inaccurate or misleading;

  • You were compensated for or granted any consideration for by any third party;

  • Will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy.

  1. Copyright Infringement Notices

We respect the intellectual property of others and require that users of our Services do the same. We maintain a policy that provides for the termination in appropriate circumstances of users’ access to the Services who are repeat infringers of intellectual property rights.

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

  • Identification of the copyrighted work(s) that you claim has been infringed;

  • A description of the material that you claim is infringing and the location of that material on the Services;

  • Your address, telephone number and email address;

  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • 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 authorized to act on the copyright owner’s behalf.

You may contact our Designated Agent for notice for claims of copyright infringement claims by mailing the notice to: Attn: Kredifi DMCA Agent, 830 Hillview Court, #280, Milpitas, CA 95035, USA OR email at legal@kredifi.com.

  1. Use Restrictions

You agree not to do any of the following:

  • Modify, decompile, reverse engineer, or disassemble the Site or Services or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces;

  • Create derivative works based on the Services;

  • Modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Services;

  • Use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Services, including the personal information of others without Kredifi’s express prior written authorization;

  • Access the Services for improper, illegal, or unauthorized purposes, such as purposes prohibited by the Fair Credit Reporting Act, Civil Rights Act, or Equal Employment Opportunity Act;

  • Misrepresent yourself, your identity, or information about you;

  • Take any action that may unreasonably encumber the Services’ infrastructure;

  • Bypass measures meant to restrict access to the Services;

  • Circumvent, disable, or otherwise interfere with security features of the Services;

  • Distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Services or users of the Services; or

  • Violate or interfere with any rights of Kredifi, its users, or any other third parties, including intellectual property, privacy, or publicity rights.

  1. Fees

In connection with the Services you request, Kredifi may charge certain fees.  You agree to pay all applicable fees or other charges as soon as they become due. Once Services have been initiated, fees are nonrefundable. Payment processing services provided by our third-party payment processor, [Name], are subject to its terms.

  1. Warranties and Disclaimers

YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM KREDIFI, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF KREDIFI HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, KREDIFI PROVIDES ITS SERVICES, WEBSITE, CONTENT, AND INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, KREDIFI SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

NO INFORMATION OR ADVICE PROVIDED ON KREDIFI WEBSITES, BY KREDIFI, OR BY KREDIFI’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

KREDIFI’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. KREDIFI WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND KREDIFI WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST TO THE EXTENT REQUIRED BY APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT KREDIFI CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF KREDIFI AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.

  1. Indemnification

You agree to defend, indemnify and hold Kredifi, and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (the “Indemnified Parties”) harmless for any damages, losses, judgments, liabilities, settlements, costs, or expenses, including reasonable attorneys’ fees, arising from any third party claim, action, or demand arising out of or relating to, your violation of these Terms or your use of the Services.

We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify KREDIFI. You shall not settle any dispute subject to your indemnification under these Terms without written consent from KREDIFI.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KREDIFI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KREDIFI EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KREDIFI, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT KREDIFI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND KREDIFI CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND KREDIFI TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.

  1. Agreement to Arbitrate

In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, you and Kredifi mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.  You and Kredifi agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after these Terms or any Services terminate.

  1. Claims Covered by Arbitration

Other than the exceptions in Section 14.D, you and Kredifi agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to or use of the Services (“Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.

  1. Delegation to Arbitrator

If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Kredifi agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.

  1. Claims Not Covered by Arbitration

This arbitration agreement shall not require arbitration of the following types of claims:  (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  1. Class Action Waiver

Except as otherwise required under applicable law, you and Kredifi agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding.  You and Kredifi acknowledge and agree that each will be waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”).  Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Kredifi agree otherwise in writing.

Notwithstanding any other provision of this arbitration agreement or the AAA Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.  If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.

  1. Arbitration Rules and Procedures

You and Kredifi agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.  The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling 1–800–778–7879.  If you are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules.  If you are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.

  1. Severability

Except for the Class Action Waiver in Section 13(e), if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.

  1. Opt-Out Rights for Individuals

If you are an individual person, you have the right to opt-out and not be bound by this arbitration agreement by sending written notice to Kredifi—clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with Your account—via U.S. Mail (Kredifi, Inc., 830 Hillview Court, #280, Milpitas, CA 95035, USA).  Your opt-out notice must be sent within 30 days of your agreement to these Terms.

If you do not opt-out of this arbitration agreement within the 30-day period, you and Kredifi shall be bound by the terms of this arbitration agreement in full.  If you opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that you may have with Kredifi.

  1. Pre-Arbitration Notification and Negotiation Process

Prior to initiating an arbitration, you and Kredifi each agree to first attempt to negotiate an informal resolution of any Claims.  This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested.  You must send such written notice to Kredifi via email (support@kredifi.com) or U.S. Mail (Kredifi, Inc., 830 Hillview Court, #280, Milpitas, CA 95035, USA). Kredifi will send such written notice to the email address on file for you.

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

After a good faith effort to negotiate, if you or Kredifi believe the Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.  In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.

  1. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site.  You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Written notice may be sent via first-class mail to Kredifi, Inc., Attn: Legal, 830 Hillview Court, #280, Milpitas, CA 95035, USA or via e-mail to legal@kredifi.com. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

  1. Third-Party Links

The Services may contain links to third-party websites and other resources that are not owned or controlled by Kredifi.  These links do not imply any endorsement by Kredifi or the assumption of any responsibility for any such third-party sites, information, materials, products, or services.  If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that these Terms and Kredifi’s Privacy Policy do not apply to your use of such links.  Any contract entered with, and any damages caused by, a third party company will be between you and that company.

  1. General Terms

  1. Governing Law

Except for Section 13, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Delaware without regard to choice of law rules or principles. To the extent that Section 13 does not apply, the parties consent to exclusive venue in and jurisdiction of the United States District Court in the Northern District of California and Santa Clara County Superior Court for all controversies and disputes arising out of or relating to these Terms.  

  1. Assignment

You may not assign any of your rights or obligations under these Terms without the prior written consent of Kredifi. Subject to the foregoing, these Terms inure to the benefit of and is binding on the parties’ permitted assignees, transferees and successors. Any attempted assignment in violation of this clause is void.

  1. Integration

You acknowledge and agree that these Terms constitute the parties’ complete and exclusive agreement concerning the use of the Services, and supersede and govern any and all prior or contemporaneous proposals, agreements, or other communications relating to the Site and Services.

  1. Force Majeure

Kredifi will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.

  1. Miscellaneous

Nothing contained in these Terms shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise or authority to bind the other party. There are no third-party beneficiaries to these Terms. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provisions essential purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief. Section headings are not to be used in the interpretation hereof. The following Sections survive any expiration or termination of these Terms: 3-5, 8, 10-16.

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