Welcome to Adovation.org, an online service that helps people and businesses create their own email marketing documents with the click of a mouse. Through the Adovation.org services and network, we offer small and medium sized businesses tools to address their everyday business marketing needs with a proprietary digital advertising program (the "Service"). The Terms of Use shall govern all visitors to the Site, whether an individual or a business entity, (a) who may be seeking to become a subscriber of the Service, (b) who may simply be curious about the Service or who desire to explore subscription or become a subscriber of the Adovation.org Service and network or (c) who become advertisers on our Site (including those advertisers who may post an approved Sponsored App on the Site) (“you” or the "User"). The Adovation.org Service and network are operated by Invenire.org, LLC. and its company affiliates, if any (collectively, "us", "we" or "the Company"). By accessing our domain name or viewing or using our web site at www.adovation.org or any other Company or Company affiliate-branded or co-branded website or web page (including, without limitation, any and all sub-domains, international versions and successors thereof) and any Company or Company Affiliate provided services, including, without limitation, the Service and any services provided through any media, devices or networks now existing or later developed (the “Site”), you as a User, regardless of your purpose for visiting the Site, acknowledge and signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered subscriber of Adovation.org. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If you are a subscriber or advertiser, we may also send a specific electronic notice to you of any changes to the Terms of Use. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Adovation.org APIs and Subscribing User Platform Applications

Through the Service, Adovation.org offers a set of application programming interfaces (“APIs”) that enable subscribing Users ("Subscribing Users") to create their own specific email marketing campaigns with unique content and messages tailored to each Subscribing User’s message ("Platform Applications"). Subscribing Users may use the APIs to create email-marketing campaigns only in accordance with these Terms of Use.

Subscribing Users may require their prospects, clients and customers to agree to their own terms of service, privacy policies and/or other policies as a condition of using the Subscribing Users’ Platform Applications. Platform Applications have not been approved, endorsed, or reviewed in any manner by Adovation.org, and we are not responsible to any prospect, client or customer of a Subscribing User for the content, accuracy, or reliability of your Platform Applications and the privacy practices or other policies of Subscribing Users.

By using the APIs to create Platform Applications, Subscribing Users may access and share certain information about others only as described in our Privacy Policy. As a Subscribing User you agree to restrictions on access, storage and use of such information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Subscribing Users, we do not screen Subscribing Users, and we cannot take any responsibility for and do not guarantee that all Subscribing Users will abide by such restrictions and agreements. Please report any suspected misuse of information through the Adovation.org Site or Service as described in our Privacy Policy.

The Platform Applications may also allow Subscribing Users to offer their email marketing campaign recipients an opportunity to purchase gift cards redeemable for products or services offered by the Subscribing User by the recipient or others to whom the recipient may designate (each a “Gift Card”). Once purchased, the Gift Card recipient receives a confirming email from the Company which requires a response to activate the Gift Card. Once activated, the Gift Card recipient can redeem the Gift Card by opening the confirming email on their mobile device, tapping the screen to open the browser version of the Gift Card campaign and completing the amount of the Gift Card to be used along with the employee ID code for the issuing Subscribing User who issued the gift (the establishment where the Gift Card is being redeemed). Acceptance (or rejection) of the amount redeemed is then made with balance remaining on the Gift Card, if any, reflected.

Eligibility and Subscriptions

There are 5 subscription program offerings available to each User for the Service and access to the APIs that meets the eligibility requirements and provides Registration Data and other information through our Site as requested by the Company (each a “Subscription”). The subscription programs offerings are as follows:

1/ Beta Testers – free to selected group of friends and family with access password protected.

2/ Free Trial – No Obligation, no fee for a one-time use of the Service;

3/ Basic Membership – allows for unlimited access to the Service including all email marketing campaign templates with delivery up to 2500 email addresses (but not including any Gift Cards, Loyalty Cards, Linkon’s and other special features. Pricing is $149.00 per quarter;

4/ Full Membership – allows for unlimited use and access to all levels of the Service. Pricing is $449.00 per quarter.

5/ Non-Profit 501(c)(3)- Free with limited use and limited access to all levels of the Service with certain exceptions for donation type programs with rates determined by the Company in its sole discretion.

6/ One Time Marketing Campaign - allows for access to the Service to create a single marketing campaign including all email marketing campaign templates with delivery up to 2500 email addresses (but not including any Gift Cards, Loyalty Cards, Linkon’s and other special features.

Instructions for the Subscriptions process by Users are set forth on the Site (each a “Subscribing User”). Subscription to the Service is void in any jurisdiction where it is prohibited by applicable law. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of the Service or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

Registration Data; Account Security

In consideration of your subscription for the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Subscription Suspension

Company may suspend User’s subscription without notice if subscription fees are not paid or for violations of the Terms of Use or the User Conduct provisions (set forth below). Suspension will continue until User’s subscription fees and applicable late charges and other related bank charges have been paid or until the violations of the applicable provisions of the Terms of Use and the User Conduct have been cured.

Subscription Cancellation

User may cancel subscription at any time. For those subscription programs that require payment, subscription fees are due and payable at the time that use of the Service commences with quarterly payments, if any, due and payable on the same day of each succeeding quarter thereafter. Subscribing Users for subscription programs requiring a monthly payment, auto-payment of the monthly fees must be established by providing required information in the Registration Data for credit card, debit card, ACH or bill pay. Cancellation will terminate auto-payment of future subscription fees.

Proprietary Rights in Site Content; Limited License

All content on the Site, including the designs, text, graphics, pictures, video, information, the APIs, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its licensors or its advertisers with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Assuming you are eligible for use of the Site and except as covered by the subscription programs for use of the Service and access to the APIs under the Eligibility and Subscriptions section above, you are granted a limited license to access and use the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

ADOVATION and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries or for which the Company has authority to utilize for its business purposes. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Content Posted or Linked on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, communications, comments, postings, links and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to the Company (collectively the "User Content"). Suggestions (as defined below) are not included as User Content for purposes of the provisions under this section User Content Posted on the Site under these Terms of Use. You may not post, transmit, or share User Content through the Service that you did not create or that you do not have permission to post or link. You understand and agree that the Company may, but is not obligated to, review the User Content and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or provide through the Service.

When you post User Content through the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content through the Service. By posting User Content through the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us or as otherwise provided in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

User Conduct

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service including in the Platform Applications will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• post or link User Content that does not comply with the requirements and your responsibilities set forth in the preceding section;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• except as expressly authorized by Adovation.org, register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

(collectively, all such User conduct is the “User Conduct”). Any User who violates the User Conduct may have access to the Service limited or such User’s Subscription terminated in the Company’s sole discretion.

Intellectual Property Complaints

We respect the intellectual property rights of others, and we prohibit Users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of alleged intellectual property infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent and following the procedures set forth below.

We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA. The DMCA provides a simple procedure for copyright owners to report content that infringes their copyrights. Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a User's content is infringing.

To report a copyright infringement by a User, all you need to do is fill out our automated DMCA http://www.copyright.gov/onlinesp/agent.pdf. This form is the fastest way to report a copyright infringement.

If you prefer, you can also send an email to DMCAviolations@Adovation.org. You will need to include all of the notice elements listed in the DMCA at 17 U.S.C. § 512(c)(3). You can also find these elements listed in our automated DMCA form.

If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by a Adovation.org user, all you need to do is fill out our automated IP Infringement form.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any User who is deemed to be a repeat infringer. We may also at our sole discretion limit access to the Site and/or terminate the Subscription of any User who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites"), including the web sites of our Company Affiliates, 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 (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we do not endorse nor are we responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or 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 Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that we are not responsible for the results or any consequences from such actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Site.

Mobile Services

The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to www.adovation.org via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to www.adovation.org messages via email or by telephone or fax (Mobile Messages), (iii) the ability to browse www.adovation.org from your mobile phone (Mobile Web), and (iv) the ability to access certain www.adovation.org features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not assess specific charges for simply accessing these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding www.adovation.org and other entities by email, telephone, fax, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your www.adovation.org account information to ensure that your messages are not sent to the person that acquires your old number.

Although client and customers of a Subscribing User will receive emails complete with information created in the marketing campaign of a Subscribing User through the Service, we will not communicate in any way directly with any client or customer of a Subscribing User.

Sponsored Applications

We offer a feature whereby app developers who have developed their own Mobile Service applications on the IOS, Android or Blackberry platform (“Sponsored Apps”) can apply to us to advertise their Sponsored Apps on the engagement template page by creating a profile, a budget and suggesting a pay per click (“PPC”) value. The process to apply for approval to advertise is set forth on the Site. If accepted by us, any such Sponsored Apps would then be included within the Platform Applications we offer to Subscribing Users allowing the Sponsored Apps to be presented in the email campaigns offered by Subscribing Users. Subscribing Users can create email marketing campaigns using our Platform Applications the templates for which are derived from 4 sources: those created by us; those created by Subscribing Users on a favorite or “popular” (determined on a click through basis); those pulled from Apple's iTunes App store; and the Sponsored Apps. As recipients of Subscribing Users email campaigns click on the Sponsored Apps embedded within the emails of a Subscribing Users marketing campaign,, a fee is charged to the Sponsored App advertiser through PayPal’s reoccurring billing process and credited to the Subscribing User’s account. The amount generated (if any) is then applied to reduce the Subscribing User’s Subscription fees (if any) for the following quarterly period (calculated based upon the specific Subscription selected). If and when the amount generated is greater than the Subscribing User’s Subscription fees, the gross revenue generated from the PPC will be split, 70% payable to the Subscribing User and 30% to the Company. You acknowledge and agree that your participation in the Sponsored App program described above and all links, User Content or Third Party Applications, Software or Content contained within your Sponsored App is subject to, and will fully comply with the User Conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

Each Sponsored App must not contain any web content or source code that, if shared or posted, would be a violation of the User Conduct rules set forth above. Without limiting the foregoing, each Sponsored App advertiser agrees not to post a Sponsored App that contains, and represents and warrants that such Sponsored App does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose us or the Users to any harm or liability of any type. Each Sponsored App advertiser agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Sponsored App, any links, content or other items or materials which may be shared or posted through such Sponsored App, or any breach or alleged breach of the foregoing representations and warranties.

Each Sponsored App advertiser automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to post the Sponsored App on the Site and through the Platform Applications in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages or mobile device on which the Sponsored App may appear.

Any Sponsored App advertiser who violates the provisions of this Sponsored Applications section will have the Sponsored Apps approval revoked by the Company. In addition, the Company assumes no responsibility for any transaction involving any Sponsored Apps including but not limited to the viewing or purchase thereof.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

We care about the privacy of our Users. Click here www.adovation.org/privacypolicy to view the Company's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed within the United States in accordance with the provisions of our Privacy Policy.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User Conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications, the Gift Cards program and the Sponsored Apps. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, Smartphone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, or any interactions between Users of the Site, whether online or offline.

With regard to Sponsored Apps, the Company assumes no responsibility for any transaction that a client or customer of a User may engage for any Sponsored Apps including but not limited to the viewing or purchase thereof.

THE SITE, THE SERVICE, THE APIs AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR THE APIs. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR THE APIs ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR THE APIs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND THE APIs AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and the APIs offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

USE OF THE SITE AND THE SERVICE ARE PROVIDED “AS IS, WHERE IS”, AS AN ACCOMMODATION, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APIs OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR USE OF THE SITE OR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Termination The Company may terminate your subscription to the Service and/or prohibit you from using or accessing the Service or any API (or any portion, aspect or feature of the Service or any API), with or without notice, including if it believes that you are under age 18, for failure to comply with these Terms of Use.

Entire Agreement and Other Documents

The Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. The Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to access our Site subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms and conditions, these Terms of Use shall take precedence.

Changes to Terms

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Arizona, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Arizona.

Arbitration

YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you utilize through the Service, your conduct in connection with the Service or the Site or with other users of the Service, the posting of any Sponsored Apps by a Sponsored App advertiser including the offering of any product or service through any such Sponsored App, or any violation of this Agreement or of any law or the rights of any third party.

Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act

The federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. We obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. By using the Site or by becoming a Subscribing User or utilizing the Service, you hereby consent (i) to these Terms of Use, (ii) to transact business with us electronically and (ii) to our maintenance of electronic records in compliance with ESIGN and UETA requirements.

Electronic Fund Transfer Act and NACHA Rules

The federal Electronic Fund Transfer Act (“EFTA”), and Regulation E, which implements it, provides guidelines and restrictions on the electronic transfer of funds from consumers’ bank accounts. In addition, transfers performed by ACH electronic transfers are subject to detailed timing and notification rules and guidelines administered by the National Automated Clearinghouse Association created a liquidation framework under which the Federal Deposit Insurance Corporation (“FDIC”) may be appointed as receiver following a “systemic risk determination” by the Secretary of Treasury (in consultation with the President) for the resolution of certain nonbank financial companies and other entities, defined as “covered financial companies,” and commonly referred to as “systemically important entities,” in the event such a company is in default or in danger of default and the resolution of such a company under other applicable law would have serious adverse effects on financial stability in the United States, and also for the resolution of certain of their subsidiaries;

• created a new framework for the regulation of over-the-counter derivatives activities;
• strengthened the regulatory oversight of securities and capital markets activities by the SEC;
• created the Consumer Financial Protection Bureau (“CFPB”), a new agency responsible for administering and enforcing the laws and regulations for consumer financial products and services; and
• increased regulation of the securitization markets through, among other things, a mandated risk retention requirement for securitizers and a direction to the SEC to regulate credit rating agencies and adopt regulations governing these organizations and their activities (“NACHA”). SOME transfers of funds in connection with Memberships are performed by ACH. We obtain necessary electronic authorization from Subscribing Users for such transfers in compliance with such rules. Transfers of funds through the platform are executed through PayPal and conform to the EFTA, its regulations and NACHA guidelines.

Suggestions

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information or content about the Site or the Service, provided by you to the Company, including all information you provide in the Suggestion Box ("Suggestions"), are your original thoughts or otherwise you have permission to convey the Suggestions. You agree the Suggestions are non-confidential, and you hereby waive and relinquish any and all rights to the Suggestions. You hereby convey to the Company all of your exclusive rights, including all intellectual property rights, to the Suggestions, and you agree the Company shall be entitled to the unrestricted use and dissemination of the Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.

Other

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use are subject to change without prior notice at any time, in our sole discretion, so you should review these documents from time to time.