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Terms of Service

TERMS OF USE

AGREEMENT TO TERMS

Welcome to Digital Specialized (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) are a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “your”), and Digital Specialized, governing your access to and use of the digitalspecialized.com website and any other media forms, channels, mobile websites, or mobile applications connected to it (collectively, the “Site”). We’re a company registered in Canada with our office at 56 Bloor Street East, Oshawa, ON  L1H 3M2.

By accessing the Site, you acknowledge that you’ve read, understood, and agreed to be bound by these Terms of Use. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

SUPPLEMENTAL TERMS AND MODIFICATIONS

Supplemental terms, conditions, or documents posted on the Site are incorporated into these Terms by reference. We reserve the right, at our sole discretion, to modify or change these Terms of Use at any time, for any reason. We’ll notify you of such changes by updating the “Last updated” date of these Terms. Your continued use of the Site after these changes implies your acceptance of the updated Terms of Use. You will be subject to, and will be deemed, to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the site after the date such revised Terms of Use are posted.

SITE ACCESS

The information on the Site isn’t intended for distribution or use in any jurisdiction or country where such use would violate the law or require registration. If you access the Site from other locations, you do so at your own initiative and are responsible for complying with local laws, if applicable.

The Site isn’t designed to comply with industry-specific regulations like HIPAA or FISMA. If your actions would be subject to such laws, please refrain from using the Site. Usage of the Site must not violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are prohibited from using or registering for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless specified otherwise, the Site, including its source code, databases, functionality, software, website designs, content (such as text, images, audio, video), and trademarks, service marks, and logos (collectively, the “Content” and the “Marks”), are owned or controlled by us or licensed to us. These are protected by copyright, trademark, and other intellectual property laws.

Except as expressly allowed in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, collected, scraped, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for commercial purposes without our prior written permission.

If you are eligible to use the site, you are granted a limited license to access and use the Site for personal use. We retain all rights not explicitly granted in these Terms.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. You have the legal capacity and agree to abide by these Terms.
  2. You’re of legal age in your jurisdiction.
  3. You won’t access the Site using automated or non-human means (e.g., bots, scripts).
  4. You won’t use the Site for illegal or unauthorized purposes.
  5. Your use of the Site complies with applicable laws and regulations.

Providing false, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account and future access to the Site.

USER REGISTRATION

You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT

We accept the following forms of payment: Invoice, Visa, MasterCard, Paypal, and E-transfer. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars in the US and Canadian Dollars in Canada.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the site.

CANADIAN USERS

If you are accessing the site from Canada, the following additional provisions apply:

  • Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  • Jurisdiction: Any Dispute arising under these Terms of Use shall be resolved exclusively by the courts in the Province of Ontario.
  • Language: The parties have requested that these Terms of Use and all communications and documents relating hereto be provided in English. Les parties ont demandé que ces conditions d’utilisation ainsi que tous les documents qui s’y rapportent soient rédigés en anglais.

PROHIBITED ACTIVITIES

You may only use the Site for its intended purposes, except when specifically endorsed or approved by us for commercial endeavors.

As a user, you agree not to:

  • Systematically scrape data or content from the Site without our written permission.
  • Deceive, defraud, or mislead us or other users.
  • Bypass, disable, or interfere with security features.
  • Harm or disparage us or the Site.
  • Use information from the Site to harass, abuse, or harm others.
  • Misuse our support services.
  • Submit false reports of abuse or misconduct.
  • Violate applicable laws or regulations.
  • Use or copy any content contained therein.
  • Engage in unauthorized framing or linking to the Site.
  • Upload or transmit viruses, malware, Trojan horses, or any other harmful materials.
  • Impersonate another user or person.
  • Upload or transmit materials that collect information without consent.
  • Interfere with the Site’s functionality or networks.
  • Harass our employees or agents.
  • Attempt to bypass Site measures.
  • Copy or adapt the Site’s software.
  • Attempt to reverse engineer any Site software.
  • Use automated tools like spiders, robots, or data mining.
  • Engage in spamming the site by using automation, such as scripts to send comments or messages.
  • Use buying agents for Site purchases.
  • Use the Site for unsolicited emails or to create user accounts fraudulently.
  • Use the Site for competitive purposes.
  • Advertise goods and services on the Site.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Sell or transfer your profile.
  • Impersonating another user or person or using the username of another user.
  • Uploading or attempting to upload/transit materials that function as either passive or active information collection or transmission mechanisms, including, but not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (commonly referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Disrupting, interfering with, or imposing an excessive burden on the site or the connected networks and services.
  • Harassing, intimidating, annoying, or threatening any of our employees or agents who are involved in providing any aspect of the site to you.
  • Trying to circumvent any site measures intended to prevent or limit access, including any section of the site.
  • Replicating or modifying the site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except where permitted by applicable law, attempting to decode, decompile, disassemble, or reverse engineer any software that constitutes or contributes to the site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
  • Employing a buying agent or purchasing agent for transactions on the site.
  • Engaging in unauthorized use of the site, including gathering usernames and/or email addresses of users through electronic or other means for unsolicited email purposes, or generating user accounts through automated means or false pretenses.
  • Utilizing the site as part of any competition against us or for any revenue-generating or commercial venture.
  • Promoting or offering goods and services on the site.
  • Selling or transferring your profile or account in any way.

USER-GENERATED CONTRIBUTIONS

The site does not typically allow users to submit or post content. However, we may grant you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as “Contributions”). It’s important to note that Contributions may be visible to other site users and may also be accessible through third-party websites. Consequently, any Contributions you send may be handled in accordance with the site’s Privacy Policy.

By creating or making available any Contributions, you hereby confirm and guarantee that:

  • The creation, distribution, transmission, public display, or performance, as well as the access, download, or copying of your Contributions, do not and will not violate the intellectual property rights, including, but not limited to, copyright, patent, trademark, trade secret, or moral rights, of any third party.
  • You are the rightful creator and owner of the Contributions or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the site, and other site users to use your Contributions in a manner consistent with the site and these Terms of Use.
  • You have obtained written consent, release, and/or permission from each identifiable individual person featured in your Contributions to use their name or likeness for inclusion and use of your Contributions in a manner contemplated by the site and these Terms of Use.
  • Your Contributions are accurate, truthful, and not misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, indecent, lewd, lascivious, explicit, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual.
  • Your Contributions do not incite or promote violence against any specific person or group and are not intended to harass or threaten others in the legal sense of those terms.
  • Your Contributions do not violate any applicable laws, regulations, or rules.
  • Your Contributions do not infringe upon the privacy or publicity rights of any third party.
  • Your Contributions do not breach any laws concerning child pornography or the protection of minors’ well-being.
  • Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or contain links to materials that violate, any provision of these Terms of Use or any applicable laws or regulations.

Engaging in any use of the site that violates the above conditions contravenes these Terms of Use and may result in consequences, including but not limited to the termination or suspension of your rights to use the site.

CONTRIBUTION LICENSE

Both you and the site acknowledge that we may access, store, process, and utilize any information and personal data you provide in accordance with the terms outlined in the Privacy Policy and your specified preferences (including settings).

By submitting Contributions to any part of the site, you automatically grant, and you guarantee that you have the authority to grant, us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, modify, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to create derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology currently known or developed in the future, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you guarantee that moral rights have not otherwise been asserted in your Contributions.

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

We reserve the right to accept, reject, or remove any Contributions at our sole discretion. We do not have any obligation to screen or monitor Contributions, but we may do so to ensure compliance with these Terms of Use. We may also take appropriate legal action against anyone who violates the law or these Terms of Use. We may, without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof at our sole discretion.

When you submit suggestions or other feedback related to the site, you consent to our unrestricted use and sharing of such feedback for any purpose, without any obligation to compensate you.

THIRD-PARTY WEBSITES AND CONTENT

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

SUBMISSIONS

You recognize and consent that any questions, comments, suggestions, ideas, feedback, or other information pertaining to the site (“Submissions”) provided by you to us are not confidential and will become our exclusive property. We shall hold full rights, including all intellectual property rights, and have the unrestricted authority to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without needing to acknowledge or compensate you. You hereby relinquish all moral rights associated with these Submissions, and you affirm that these Submissions are either your original work or that you possess the necessary rights to submit them. You agree that you will not pursue any claims against us concerning any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

SITE MANAGEMENT

We reserve the right to:

  1. Monitor the Site for violations of these Terms.
  2. Take legal action against violators.
  3. Remove or restrict access to any contributions.
  4. Remove excessive or burdensome files or content.
  5. Manage the Site to protect our rights and facilitate its proper operation.

PRIVACY POLICY

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

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We retain the exclusive right to alter, amend, or remove site content at our sole discretion, without prior notice, for any reason, or at any time. However, we are under no obligation to update the information on our site. Additionally, we reserve the right to modify or discontinue the entire or any portion of the site without notice. You acknowledge that we will not be held liable to you or any third party for any alterations, pricing changes, suspensions, or discontinuations of the site.

Please be aware that we cannot guarantee uninterrupted availability of the site. Occasional hardware, software, or maintenance-related issues may result in interruptions, delays, or errors. Consequently, we have the authority to change, revise, update, suspend, discontinue, or modify the site at any time and for any reason, without prior notice. You agree that we bear no responsibility for any losses, damages, or inconveniences arising from your inability to access or use the site during periods of downtime or discontinuation. These Terms of Use do not impose any obligation on us to maintain or support the site or provide any corrections, updates, or releases in connection with it.

GOVERNING LAW

These Terms and your use of the Site are governed by the laws of the Province of Ontario, excluding its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except for those expressly excluded below) will be conclusively and exclusively settled through binding arbitration. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO INITIATE A LAWSUIT IN COURT WITH A JURY TRIAL. The arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association (“CAA”) and, as appropriate, the CAA’s Supplementary Procedures for Consumer-Related Disputes (“CAA Consumer Rules”), both of which can be accessed on the CAA website: www.adr.ca. Your arbitration costs and your share of arbitrator compensation will be governed by the CAA Consumer Rules. The arbitration may occur in person, through document submissions, by phone, or online. The arbitrator will render a written decision but is not obligated to provide a statement of reasons unless requested by either Party. The arbitrator must adhere to applicable law, and any award may be challenged if the arbitrator fails to do so. Unless specified otherwise by the applicable CAA rules or applicable law, the arbitration will be held in Pinellas, Florida. With the exception of matters specified herein, the Parties may seek court intervention to compel arbitration, suspend proceedings pending arbitration, or confirm, amend, vacate, or enforce the arbitrator’s award.

If, for any reason, a Dispute proceeds in court instead of arbitration, it shall be initiated or prosecuted in provincial and federal courts situated in Ontario, Canada, and the Parties hereby consent to and waive any defenses regarding lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute related to the site brought by either Party be initiated more than one (1) year after the cause of action arises. If this provision is deemed illegal or unenforceable, neither Party will choose arbitration for any Dispute within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be adjudicated by a court with appropriate jurisdiction from the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be confined to Disputes between the Parties individually. To the maximum extent allowed by law:

  1. No arbitration shall be consolidated with any other proceeding.
  2. There is no right or authorization for any Dispute to be arbitrated on a class-action basis or employ class-action procedures.
  3. There is no right or authorization for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the preceding provisions regarding binding arbitration:

  1. Any Disputes relating to the enforcement or protection, or concerning the validity of, any intellectual property rights of a Party.
  2. Any Dispute connected to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use
  3. Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will opt for arbitration for any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be adjudicated by a court with appropriate jurisdiction from the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The site may contain information with typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the site at any time, without prior notice.

DISCLAIMER

The site is provided on an as-is and as-available basis. Your utilization of the site and our services is entirely at your own risk. To the fullest extent permitted by law, we renounce all warranties, whether explicit or implied, pertaining to the site and its utilization. These warranties encompass, without limitation, implied warranties of merchantability, suitability for a specific purpose, and non-infringement. We offer no assurances or assurances regarding the precision or comprehensiveness of the site’s content or any linked websites, and we disclaim any liability or obligation for:

  1. Inaccuracies or errors in content and materials.
  2. Personal injury or property damage resulting from your access to and utilization of the site.
  3. Unauthorized access or usage of our secure servers and any stored personal or financial data.
  4. Interruptions or discontinuations in transmission to or from the site.
  5. Issues like bugs, viruses, trojan horses, or similar items transmitted via the site by third parties.
  6. Errors or omissions in any content and materials, or any losses or damages incurred through the use of content posted, transmitted, or made available through the site.

We do not guarantee, endorse, or accept responsibility for any products or services advertised or offered by third parties via the site, linked websites, or featured in banners or other advertisements. We are not parties to or responsible for monitoring any transactions between you and third-party providers of products or services. As with any purchase of products or services through any medium or environment, you should exercise caution and exercise your best judgment when appropriate.

LIMITATIONS OF LIABILITY

Under no circumstances will we, our directors, employees, or agents be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This encompasses losses such as lost profits, diminished revenue, data loss, or any other harm arising from your use of the site, even if we have been informed of the potential for such damages. Irrespective of the type of action, our liability to you for any reason will always be restricted to the amount, if any, paid by you to us. Certain state and international laws may not permit limitations on implied warranties or the exclusion or restriction of particular damages. If these laws are applicable to you, some or all of the above disclaimers or limitations may not be applicable, and you may possess additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, as well as our subsidiaries, affiliates, officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, which also encompass reasonable attorney fees and expenses, raised by any third party as a result of or connected to:

  1. Your utilization of the site.
  2. Violation of these Terms of Use.
  3. Breach of your commitments and assurances stipulated in these Terms of Use.
  4. Infringement upon the rights of a third party, including intellectual property rights.
  5. Any harmful actions directed toward any other user of the site with whom you engaged through the site.

We uphold the right, at your expense, to take on the exclusive defense and control of any matter for which you are obliged to indemnify us, and you consent to cooperate with our handling of such claims. We will make reasonable efforts to inform you of any such claims, legal actions, or proceedings subject to this indemnification as soon as we become aware of them.

USER DATA

We will retain specific data that you send to the site to manage its performance, as well as data linked to your site interactions. Although we conduct regular routine data backups, you are exclusively accountable for all data transmitted or connected to your site engagements. You consent that we shall have no liability to you for any loss or corruption of such data, and you hereby relinquish any claims against us in the event of data loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

When you visit the site, send us emails, or fill out online forms, you are engaging in electronic communications. By doing so, you give your consent to receive electronic communications and agree that all agreements, notices, disclosures, and other forms of communication provided by us electronically, whether through email or on the site, fulfill any legal obligations for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notifications, policies, and transaction records, whether initiated or completed by us or through the site.

By agreeing to this, you waive any rights or requirements specified by statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature, physical delivery, or preservation of non-electronic records, as well as payments or the provision of credits through any means other than electronic methods.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use, in conjunction with any policies or operational regulations we publish on the site, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision within these Terms of Use does not waive our entitlement to such right or provision. These Terms of Use are fully enforceable to the maximum extent allowed by law. We reserve the right to assign any or all of our rights and obligations to others at any time.

We are not liable for any losses, damages, delays, or failures to act resulting from circumstances beyond our reasonable control. In the event that any provision or portion of a provision within these Terms of Use is determined to be unlawful, void, or unenforceable, that particular provision or portion thereof is considered separable and does not affect the validity and enforceability of the remaining provisions.

These Terms of Use do not establish a joint venture, partnership, employment, or agency relationship between you and us. You acknowledge that these Terms of Use will not be construed against us solely on the basis of our drafting them. Additionally, you waive any defenses predicated on the electronic format of these Terms of Use and the absence of signatures by the parties to execute them.

CONTACT INFORMATION

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Last updated: September 15, 2023

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