Terms of Service

revised January 1, 2018

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.

PLEASE CALL 911 IMMEDIATELY IF:

  • YOU ARE THINKING ABOUT SUICIDE. OR
  • YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR
  • YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN DANGER, OR
  • YOU HAVE A MEDICAL EMERGENCY.

This Service Agreement (this “Agreement”) is an agreement between you (“you”, “your”) and Precipeace (“Company”, “we”, or “us”).

Precipeace operates a website that provides one-to-one coaching to help users develop tools for combating negative thought patterns, such as anxiety, stress, depression, fear, and negative self-image, that may arise in the course of daily life. Our website’s advanced technologies allow you to secure your identity, and communicate directly with licensed therapists, mentors, and coaches (collectively, “Advisors”), while remaining anonymous. We may provide website and hosting services, general and personalized content, mobile applications, and other tools and services (each a “Service,” and collectively, the “Services”) directly and through the website and associated domains and applications of https://precipeace.com (collectively, the “Site”).

By clicking “I agree,” or by otherwise signing up for an account, or by accessing or using the Services, you agree to be bound by this Agreement, our Privacy Policy, and any other legal notices, conditions or guidelines we provide related to the use of the Site or Services.  You certify that you are (i) at least 18 years old, and (ii) physically located or a resident of the State you have chosen as your current residency when creating your Account.

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the Advisors you access are relying upon this certification in order to interact with you. If your certification is inaccurate, you agree to indemnify Precipeace and the Advisors you interact with from any resulting damages, costs, or claims.

1. What We Own

All material and products available on the Site and through the Services, including, but not limited to, software, software documentation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Precipeace trademarks and service marks, logos, slogans and taglines are the property of Precipeace. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed of Precipeace without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

2. Your Rights to Use What We Own or License

We will provide you with a User ID (defined below) for your account, thereby permitting you access to the Materials. You agree to fully and accurately provide the information requested by us when setting up your account and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree not to provide your User ID or password to any other person.

Subject to this Agreement, we grant you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you to, and you agree not to, store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on, or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. You will not reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior written consent or the prior written consent of our licensors, as applicable, is expressly prohibited.

You agree that the Materials available through the Services are for informational and educational purposes only and are not intended to constitute medical advice, diagnosis or treatment. We are not responsible for the accuracy or completeness of Materials available from or through the Services. You assume full risk and responsibility for the use of Materials you obtain from or through our Services.

3. What You Provide To Us

You are legally responsible for all personal information, data, text, software, music, sound, photographs, graphics, video, survey responses, messages or other materials uploaded, posted or stored in connection with your use of the Services (collectively, “Content”). You grant us a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services, and you represent and warrant that you have all the rights necessary and are in compliance with all laws to grant us such license. You acknowledge that potential users may rely upon the Content when selecting an Advisor and you agree that the Content you submit will be accurate, complete and not misleading in any respect. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

4. Monitoring What You Provide to Us

We may, but have no obligation to, monitor Content created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect us or our customers, or operate the Services properly. We, in our sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

5. Your Conduct

You agree to and represent to us all of the following:

  • You are responsible for all activity occurring under your account.
  • You will not share your password or let anyone else access your account, or do anything that might jeopardize the security of your account.
  • If you are using the Service as an Advisor, you are the Advisor identified in the account.
  • You are using your actual identity and you have only provided true, accurate, complete information about yourself and will update any information as needed in a timely manner.
  • You verify that your country of residence is the same as your billing address.
  • You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity.
  • You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any user to access the Services.
  • You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device via manual control at all times.
  • You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
  • You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by the Company.
  • You will not attempt to or actually override any security component included in or underlying the Materials or Services.
  • You will not attempt to or actually engage in any action that directly or indirectly interferes with the proper working of the Company’s infrastructure, including placing an unreasonable load on the infrastructure.
  • You represent and warrant that any Content submitted by you or transmitted by you will not contain any of the following:
    • Material that is false, factually inaccurate or misleading;
    • Material that is defamatory, libelous, deceptive or fraudulent;
    • Material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age or disability;
    • Material that violates any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonial;
    • Material that would cause us, to the extent that we use the Content as permitted under this Agreement, to violate any U.S. or foreign law or regulation;
    • Material that violates any person’s privacy right;
    • Material that violates any rights under CAN-SPAM, CASL or any other spam law;
    • Material that infringes or violates any person’s copyright, trademark or other intellectual property right;
    • Material that is obscene or derogatory or contains any adult-oriented content, like sexual material;
    • Material that promotes violence, firearms, ammunition or weapons designed to inflict bodily harm;
    • Material that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
    • Material that may create a risk of any other loss or damage to any person or property;
    • Material that may constitute or contribute to a crime or tort.

 

We may determine, in our sole discretion, whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If we determine that your account is being used for illegal or fraudulent activity then your account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.

 

5. Electronic Communications

Use of the Internet and electronic communication tools are solely at your own risk and are subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create secure and reliable Services, please be advised that the confidentiality of any communication or material transmitted to us over the Internet, including email, cannot be assured. You acknowledge that no method of transmission over the Internet, or method of electronic storage, including email, is 100% secure.

(a) Email

We retain the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other customers and to protect our computer systems. Email Services may not be used for bulk mail or mass mailings.

6. Chat Session Retention

We will retain the text of chat sessions between users and Advisors for a period of three years. You consent to the retention of chat sessions, as described above.

 

7. Copyright Infringement

Precipeace respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Precipeace may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please contact Precipeace’s Designated Agent at [insert email address] with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest   
  • A description of where the material you claim is infringing is located on the site
  • Your name, address, telephone number, email address   
  • A statement claiming that you have a good faith belief that the disputed use has not been authorized  
  • A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

Once Proper Infringement Notification is Received by the Designated Agent: Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

  • Remove or disable access to the infringing material;
  • Notify the content provider that we have removed or disabled access to the material; and
  • Terminate such content provider’s access to the website if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider;
  • Identification 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 disabled;
  • A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Precipeace is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Precipeace may send a copy of the counter-notice to the original complaining party informing that person that Precipeace may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Precipeace’s discretion.

The Designated Agent can be contacted by email or mail at the following address:

jwong@precipeace.com

929 Colorado Ave.

Santa Monica, CA 90401

(323) 863-3367

8. Comments and Feedback

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

9. Fees

The fees for the Service are specified when you register. You will be charged for the Services on a monthly, quarterly, or yearly basis. All fees and charges are nonrefundable. If you choose to cancel your Services, you are still responsible for all fees associated with the remaining duration of your order.

Please note that your subscription will renew automatically, on a monthly, quarterly, or yearly basis depending on your original order, until you cancel. In order to cancel, please email us at by clicking Cancel under the Subscription section in your member profile Settings or by emailing care@precipeace.com.

You agree to pay for the Services via credit or debit card. You expressly agree that we are authorized to charge you (i) a monthly, quarterly or yearly Fee for any applicable Services, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide. If your card expires or we cannot collect the fees for any reason, you have 30 days to provide a new valid credit or debit card for us to charge. If you do not provide new card information within 30 days, we will suspend the Services.

We may change fees at any time by providing you 30 days’ notice by email or through your Service portal. Your continued use of the Services after the fee change is your consent to the change.

30-Day Money-Back Guarantee

We are confident that you will find Precipeace to be the effective well-being solution that you have been seeking. If you’re not 100% satisfied, just contact us within 30 days of your purchase date for a 100% refund of your original purchase price. Contact us by emailing care@precipeace.com with the email address you used to sign-up, and reason why you were not 100% satisfied. Please note that refund requests may take up 7-10 business days to review and credit.  Money back guarantee is valid once per customer.

10. Cancellation

You may elect at any time to cancel your subscription. In order to cancel your service, please login with your account credentials, go to your Profile Settings, and under the Subscription section, select the icon to Edit Subscription, and then choose Cancel Subscription. Once you have cancelled, you will continue to have access to Precipeace until your subscription renewal date and you will not be charged thereafter.  

If you have a cancelled your subscription, and would like to re-subscribe before or after your subscription renewal date, simply log back on with your account credentials, go to your Profile Settings, and under the Subscription section, select the option to Renew Subscription.  

If you have questions or need help cancelling, please email care@precipeace.com.

11. Termination

We may suspend performance under or terminate this Agreement and cease transmission of data associated with your Services immediately without notice if (i) we determine in our sole discretion that you have breached any part of this Agreement including, without limitation, any warranty or obligation, or (ii) your credit or debit card provider refuses payment of fees or charges or you refuse authorization for the same.

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes will be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

Notice of termination of Services by us may be sent to the contact e-mail associated with your account. Upon termination, we have the right to delete all data, files, or other information that is stored in your account.

12. Errors and Access to Site

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT THAT YOU PROVIDE, INCLUDING ANY ELECTRONIC PERSONAL HEALTH INFORMATION. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES OR YOUR BREACH OF PERSONAL HEALTH INFORMATION. YOU FURTHER UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.

13. Disclaimer of Warranty

THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRECIPEACE DOES NOT WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PRECIPEACE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, PRECIPEACE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.

YOU ACKNOWLEDGE THAT ACCESS TO THE SERVICES WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.

FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS ADVISORS MAY MAKE WITH SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. ADVISORS WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL SERVICES THEY PROVIDE. WE HAVE NO LIABILITY FOR THE CONSEQUENCES TO ADVISORS OR THEIR ADVISEES OF THEIR RESPECTIVE USE OF THE SERVICES.

WE OFFER NO ASSURANCE THAT YOUR USE OF THE SERVICES UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. PRECIPEACE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

14. Limitation of Liability

Neither Precipeace nor its affiliates are liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the Site, the Services, the Materials, your Content, or any third party user-generated content available on or through the Site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Precipeace has been advised of the possibility of such damages. You release Precipeace and hold Precipeace and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Services, Materials, Site, your Content, or any third party user-generated content available on or through the Site. You waive the provisions of any state or local law limiting or prohibiting a general release. In the event that, notwithstanding the foregoing exclusions of liability, Precipeace, any of its affiliates or licensors, or any of their respective directors, officers, employees, or agents is liable to you for any amounts under this agreement under any theory of recovery, whether based on contract, tort, strict liability or otherwise, company’s total liability, in respect of such amounts, will not exceed the amounts paid by you for the Services under this Agreement for the six-month period preceding the event first giving rise to the claim.

15. Disputes

If there is any dispute about or involving the Site and/or the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. You further agree that binding arbitration, to be conducted in Los Angeles County, California, shall be the sole and exclusive venue for any claims or disputes related to the Service and the Site. You expressly waive the right to maintain or participate in any class action lawsuit regarding the Service and the Site.

16. Indemnification

You agree to indemnify, hold harmless, and defend Precipeace and its shareholders, licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, (iii) your breach of this Agreement, including any of your representations and warranties; or (iv) your contravention of any applicable law, statute, ordinance or regulation, including, but not limited to, the CAN-SPAM Act of 2003, privacy laws and HIPAA. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

17. Modification

We may update or change the Services or the terms set forth in this Agreement from time to time and recommend that you review the Agreement on a regular basis. You understand and agree that your continued use of the Services after the Agreement has been updated or changed constitutes your acceptance of the revised Agreement. Without limiting the foregoing, if we make a change to the Agreement that materially affects your use of the Services, we may (but are not obligated to) post notice or notify you via email or our website(s) of any such change. No modifications of this Agreement will be effective unless agreed in writing by Company.

We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services will be subject to the terms and conditions of this Agreement.

18. Privacy

By using the Services, you are consenting to the terms of the Privacy Policy and acknowledged that you have reviewed our Privacy Policy.

19. Miscellaneous

This Agreement supersedes any written, electronic, or oral communication you may have had with us or any agent or representative thereof, and constitutes the complete and total agreement between the parties. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, corporate restructure, to any affiliate or otherwise. This Agreement does not confer any third party beneficiary rights. This Agreement does not create an agency, partnership or joint venture. All notices and other communications required or permitted to be given by us to you under this Agreement will be deemed to be properly given on the date when sent to your email address or postal address recorded for your account.

We may determine, in our sole discretion, whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If we determine that your account is being used for illegal or fraudulent activity then your account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.