Terms and Conditions
Last revised March 15, 2017
Warning: This site may contain links to sexually explicit material unsuitable for minors. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
No Illegal / Child Pornography: iFap prohibits pornographic content involving minors (i.e., child pornography). iFap only allows links to visual media of consenting adults for consenting adults on the site. If you see any links to visual media, real or simulated, depicting minors engaged in sexual activity or other illegal sex acts on the site, please report this to iFap at email@example.com. Please include with your report all appropriate evidence, including the link, date, and time of identification. iFap will promptly investigate all reports and take appropriate action. iFap will fully cooperate with any law-enforcement agency investigating child pornography or other illegal acts.
2. Changes to Terms of Service
2.1 Right to Change Terms; iFap may, in its sole discretion, change these terms (“updated terms”) on one or more occasions.
2.2 Notice of Updated Terms; Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable notice before the updated terms become effective. You acknowledge that the Company may notify you of the updated terms by posting them on the Site.
2.3 Acceptance of Updated Terms; Your use of the Site after the effective date of the updated terms constitutes your agreement to the updated terms. You should review these terms and any updated terms before using the Site.
2.4 Effective Date of Updated Terms; The updated terms will be effective as of the time of posting, or any later date as may be stated in the updated terms, and will apply to your use of the Site from that point forward.
3. Services and Metrics
3.1 Services; the iFap website allows you to shorten and track uniform resource locators (URLs) using the Site’s domain as the link.
3.2 Metrics; Certain features of the services allow iFap to collect and track metrics and generate analytics, relating to URLs shortened using the services, bundles of shortened URLs created using the services, and other metrics and analytics related to use of the services. The metrics may include: (1) a history of all URLs shortened by an account, (2) a history of all clicks on a shortened URL, (3) a history of all sharing of a shortened URL through third-party services, (4) a history of referral URLs for clicks of a shortened URL, (5) a history of IP addresses used to access a shortened URL, and (6) visual presentation of any of the foregoing (excluding IP addresses).
3.3 Ownership; iFap owns all metrics that are collected or generated through the services, and the Company may use, license, sell, or otherwise dispose of the metrics for any purpose.
4. Use of Site and Services
4.1 License; During this agreement, the Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Site and its services for your personal and noncommercial use in accordance with this agreement.
4.2 Intellectual Property Rights; The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company reserves all rights not expressly granted in and to the Site. You will not engage in the use, copying, or distribution of any part of the Site or the services other than expressly permitted.
4.3 User Conduct; You will not engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or non-automated “scraping;” (b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site; (c) transmitting spam, chain letters, or other unsolicited email; (d) use the Site to collect email addresses for sending unsolicited emails; (e) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site; (f) taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on Site infrastructure; (g) uploading invalid data, viruses, worms, or other software agents through the Site; (h) collecting or harvesting any personally identifiable information, including account names, from the Site; (i) using the Site for any commercial solicitation purposes; (j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (k) interfering with the proper working of the Site; (l) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (m) bypassing any measures the Company may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it; (n) decipher, decompile, disassemble, reverse engineer, or otherwise try to derive any source code or underlying ideas or algorithms of any aspect, feature, or part of the services; or (o) modify, translate, or otherwise create derivative works of any part of the Site or services.
5. Your Account
5.1 Account Creation; You must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also will choose a password and a username.
5.2 Responsibility for Account; You are entirely responsible for keeping the confidentiality of your password and account. Further, you are entirely responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
5.3 Liability for Account Misuse; The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
5.4 Use of Other Accounts; You will not use anyone else’s account at any time, without the permission of the account holder.
6. Account Security; The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. User Content
7.1 Content Ownership; You retain all ownership rights to content uploaded to the Site. You acknowledge that you are responsible for any user contributions you submit or contribute, and you, not the Company, have full responsibility for this content, including its legality, reliability, accuracy, and appropriateness. You further acknowledge that the Company has no control over what other users may do with copies of your user contributions if you remove your user contributions from the Site.
7.2 Content License; By submitting content to the Site, you hereby grant the Company a worldwide, nonexclusive, sub licensable, transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Site (and derivative works of it) in any media formats and through any media channels. The Company may freely use and otherwise exploit your user contributions for any purpose without any obligation to pay you.
7.3 Statements of Fact; For each user contribution, you make to the Site, you state that the following facts are accurate:
(a) You own or control all rights in the user contribution and have the right to grant the license granted in section 8.2 to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns; and (b) Your user contribution does and will comply with this agreement.
7.4 Content Standards; You will not submit, upload, or link to any content that does any of the following:
7.5 Monitoring and Enforcement
(a) The Company may do any of the following:
(i) Remove or refuse to post any user contribution for any reason or no reason in the Company’s sole discretion; (ii) Take any action with respect to any user contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that the user contribution breaches this agreement, infringes any intellectual property right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company; (iii) Disclose your identity or other information about you to any person or entity who claims that material posted by you violates their rights, including their intellectual-property rights or their privacy rights; (iv) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site; or (v) Terminate or suspend your access to all or part of the Site for any reason, including breach of this agreement.
(b) The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any content on or through the Site. You waive any claims you might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. (c) The Company does not endorse the opinions expressed in any user contribution. The Company cannot and does not review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. The Company will not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or any other person or entity. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 8.5. If you know of any content posted that breaches this agreement, please email the Company at firstname.lastname@example.org. Please provide as much detail as possible, including (i) a copy of the objectionable content or the location where the Company may find it, (ii) the reason the Company should remove it, and (iii) a statement certifying the accuracy of the information you provided to the Company.
8. Links; The Site contains links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
9. Third-Party Content; Through the Site, you will have the ability to access or use content provided by third parties. The Company cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable for your access or use of any third-party content.
11. Copyright Policy
11.1 The Company respects the intellectual property rights of others and expects users of the service to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
11.2 It is the Company’s policy to terminate the user accounts of repeat infringers.
12. Trademarks; The Company name and logo are the Company’s trademarks, and must not be copied, imitated, or used, in whole or in part, without the Company’s advanced written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and must not be copied, imitated, or used, in whole or in part, without the Company’s advanced written permission.
13.1 Termination on Notice; Either party may terminate this agreement at any time by notifying the other party.
13.2 Termination by the Company; The Company may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement. The Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
13.3 Effect of Termination; On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end.
13.4 Survival of Provisions; This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, disclaimers, and limitations of liability. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party.
14. Changes to the Site; Availability
14.1 Although the Company may update the content on the Site on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Site, you can bring them to the Company’s attention by emailing the Company at email@example.com.
14.2 While the Company will try to make sure that the Site is always available, the Company does not guarantee continuous, uninterrupted, or secure access to the Site or the service. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Site.
15. Compliance with Law; Access to the Site might not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for complying with all local laws.
16. Reliance on Information Posted
16.1 The Company makes the information presented on or through the Site available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
16.2 The Site includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the Company’s opinion. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any other person or entity.
17.1 You acknowledge that the Company cannot and does not state that files or links available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Site for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.
17.2 Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Company provides the Site, its content, and any services or items obtained through the Site “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. The Company is not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Site or the services. The Company is not making any warranty (1) that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Site or the server that makes it available is free of viruses or other harmful components; or (4) that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.
17.3 The Company is not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
18. Limit on Liability; Release
18.1 The Company will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies of content; (b) Personal injury or property damage resulting from your access to and use of the Site; (c) Content (including user generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal; (d) Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, contributions, transmissions, or data; (e) Interruption or cessation of transmission to or from the Site; (f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Site by any person or that might infect your computer or affect your access to or use of the Site or your other services, hardware, or software; (g) Incompatibility between the Site and your other services, hardware, or software; (h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Site; or (i) Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Site.
18.2 You hereby release the Company from all liability arising out of user contributions or the conduct of other users or persons, including disputes between you and one or more other users or persons.
19. Exclusion of Damages; Exclusive Remedy
19.1 Unless caused by the Company’s gross negligence or its intentional misconduct, the Company will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability or foreseeability—arising out of your access or your inability to access the Site, the services, or the content.
19.2 The Company also will not be liable to you—regardless of theory of liability—for any damages for any of the following:
(a) personal injury; (b) pain and suffering; (c) emotional distress; (d) loss of revenue; (e) loss of profits; (f) loss of goodwill; (g) loss of business or anticipated savings; (h) loss of use; (i) loss of services; (j) loss of data; (k) loss of privacy; (l) cost of procurement of substitute services; or (m) computer failure related to your access of or your inability to access the Site, the services, or the content.
This exclusion applies even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
19.3 If you are dissatisfied with the Site, the services, or have any other complaint, your exclusive remedy is to stop using the Site.
20. Scope of Disclaimers, Exclusions, and Limits; The disclaimers, exclusions, and limits stated in sections 18, 19, and 20 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
21. Loss Payment (aka Indemnification)
21.1 In General You will pay the Company for any loss of the Company’s that is caused by any of the following:
(a) your access of the Site; (b) your conduct on the Site; (c) your use of the services; (d) your breach of this agreement; (e) your violation of rights of another person, including intellectual property and privacy rights; (f) your violation of law; (g) your negligent, fraudulent, or intentional conduct; or (h) your criminal conduct.
But you are not required to pay if the loss was caused by the Company’s intentional misconduct.
(a) “Loss” means an amount that the Company is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. (b) A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
21.3 The Company’s Duty to Notify You; The Company will use reasonable efforts to notify you before the 30th day after the Company knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Company’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
21.4 Legal Defense of a Claim; The Company has control over defending a claim for a loss (including settling it), unless the Company directs you to control the defense. If the Company directs you to control the defense, you will not settle any litigation without the Company’s written consent if the settlement (1) imposes a penalty or limitation on the Company, (2) admits the Company’s fault, or (3) does not fully release the Company from liability. You and the Company will cooperate with each other in good faith on a claim.
21.5 No Exclusivity; The Company’s rights under this section do not affect other rights the Company might have.
22. Dispute Resolution
22.1 Litigation Election; Either party may elect to litigate the following type of case or controversy:
(a) an action seeking equitable relief, or (b) a suit to compel compliance with this dispute resolution process.
22.2 Negotiation Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Site or this agreement.
(a) If the parties cannot settle a dispute arising out of or relating to the Site or this agreement through negotiation after negotiating for at least 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR. (b) Mediation will take place in Albuquerque, New Mexico. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties otherwise agree in writing. (c) Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties.
(a) Arbitration Procedure If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Site or this agreement by arbitration administered by CPR under its Rules for Administered Arbitration. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. (b) Arbitration Location Unless the parties agree otherwise, the arbitration will take place in Albuquerque, New Mexico. (c) Arbitration Fees Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. (d) Arbitration Award The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. (e) Arbitration Confidentiality Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
22.5 Injunctive Relief; You acknowledge that breach by you of your obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, the Company may seek an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
(a) If a party brings any litigation proceeding authorized under this agreement, that party will bring that proceeding only in the United States District Court for the District of New Mexico or in any state court of competent jurisdiction in Albuquerque, New Mexico, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any litigation proceeding. (b) Each party hereby waives any claim that any litigation proceeding brought in accordance with section 23.6(a) has been brought in an inconvenient forum or that the venue of that litigation proceeding is improper.
22.7 Recovery of Expenses
(a) In any proceedings between the parties arising out of or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. (b) For purposes of section 23.7(a), “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings, the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
22.8 Jury Trial Waiver; Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Site or this agreement. Either party may enforce this waiver up to and including the first day of trial.
22.9 Class Action Waiver; The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
22.10 Limitation on Time to Bring Claims A party will not file a claim arising out of or relating to the Site or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
23.1 Entire Agreement; This agreement constitutes the entire agreement between you and the Company about your access to the Site. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Site. A printed version of this agreement will be admissible in any proceedings arising out of or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
23.2 Copy of this Agreement; You may—and the Company recommends that you—print this agreement on your printer or save it to your computer. If you have trouble printing a copy, please contact the Company at firstname.lastname@example.org and the Company will email you a copy.
23.3 Assignment and Delegation; The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.
23.4 No Waivers; The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
23.5 Severability; The parties intend as follows:
(a) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable; (c) that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of the agreement will remain in effect as written; and (d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(a) Sending Notice to the Company; You may send notice to the Company by email at email@example.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by it only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Site. Please check the Site for the most current information for sending notice to the Company. (b) Sending Notice to You¬—Electronic Notice You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Site chosen for this purpose. The Company will consider notices sent to you by email received when the Company’s email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, the Company may collect the reasonable cost and postage for sending postal notice.
23.7 Rights and Remedies Cumulative; Any enumeration of a party’s rights and remedies in this agreement is not intended to be exhaustive. A party’s exercise of any right or remedy under this agreement does not preclude the exercise of any other right or remedy. All of the parties’ rights and remedies are cumulative and are in addition to any other right or remedy set out in this agreement, any other agreement between the parties, or which may now or later exist at law or in equity, by statute or otherwise.
23.8 Force Majeure; The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond the Company’s reasonable control delays or continues to delay the Company’s performance, including:
(a) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) Fiber cuts; (d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) Failure of the telecommunications or information services infrastructure; and (f) Hacking, SPAM, or any failure of a computer, server, network, or software.
23.9 No Third-Party Beneficiaries; This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
23.10 Relationship of the Parties; This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty.
23.11 Successors and Assigns; This agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement.
23.13 Electronic Communications Not Private; The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Site to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Site may read all messages you send to the Site regardless of whether they are intended recipients.
23.14 Electronic Signatures; Any affirmation, assent, or agreement you send through the Site will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
23.15 Feedback; The Company encourages you to give feedback about the Company, the Site, or the service. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company’s right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
23.16 Consumer Rights Information—California Residents Only; This section applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Users who want to gain access to the password-restricted area of the Site must register. You may contact the Company at firstname.lastname@example.org to resolve any disputes or to receive further information about the Site.
23.17 Complaints—California Residents; You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1019 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
23.18 Contact Information; If you have any questions about these terms, the Site, or the service, you may contact the Company at email@example.com.
23.19 Usages In this agreement, the following usages apply:
(a) Actions permitted under this agreement may be taken at any time and on one or more occasions in the actor’s sole discretion. (b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time. (c) References to numbered sections in this agreement also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc. (d) In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.” (e) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality. (f) “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings. (g) “Including” means “including, but not limited to.”