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BigDayMade Terms of Use
BigDayMade Terms of Use

Last Updated: January 25, 2018

Ian Cornwall avatar
Written by Ian Cornwall
Updated over a week ago

BigDayMade Inc., a Delaware corporation and our affiliated entities (“BigDayMade”, “us”, “we” or “our”) operate https://bigdaymade.com and related applications, including associated application program interfaces (collectively, the “Service”) to inspire and inform engaged couples about vendors and venues available for their wedding day. These terms of use (these “Terms” or this “Agreement”) set forth the agreement between you and BigDayMade and govern your use of the products and services we offer through our Service. Your access to and use of any of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access or use any of the Service. If you are acting on behalf of an entity, then you represent that you have the authority to enter into these Terms on behalf of that entity. Be sure to read these Terms carefully; they provide important information to you, including information about your obligations concerning your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

We reserve the right at any time to: 1. change the terms and conditions of this Agreement, consistent with applicable law; 2. change the Service, including eliminating or discontinuing any information or services or other features in whole or in part; and 3. deny or terminate your BigDayMade account and/or profile, or use of and access to the Service.

Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Service, and posting notice of such changes on the Service or in another manner in our reasonable discretion. You agree that your continued use of the Service after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to this Agreement, you should not use the Service. Be sure to return to this page periodically to ensure your familiarity with the most current version of these Terms.

1. USE OF SERVICE 

1.1 Service. As between you and us, we or our licensors own and reserve all right, title, and interest in and to the Service, including all Content we make available on the Service, in whole and in part, and all derivative works thereof. “Content” means all lists and other information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials therein. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright law, international conventions, and other copyright law. BigDayMade and other related graphics, logos, service marks and trade names used on or in connection with the Service or in connection with the Service are the trademarks of BigDayMade and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners. You hereby assign to BigDayMade any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You related to the Service. Except as expressly set forth herein, no express or implied license or right of any kind is granted to You regarding the Service, or any part thereof, and all rights not expressly granted to You are reserved to BigDayMade. 

1.2 Right to Access the Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable right to access and use the Service in accordance with these Terms solely for your: (a) personal or internal business purposes; and (b) with respect to Vendors only, external business purposes solely to solicit business from and interact with Users. Except as provided in this Section 1.2, you obtain no rights under these Terms from us or our licensors to the Service, including any related intellectual property rights. The Service may contain open source software components which are licensed under the terms of the applicable open source software licenses and not these Terms. You understand that the Service is evolving. As a result, BigDayMade may require you to accept updates to the Service that you have installed on your computer or mobile device. You acknowledge and agree that BigDayMade may update the Service with or without notifying you. You may need to update third-party software from time to time in order to use the Service. From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service (“Maintenance”). You agree to use reasonable efforts to comply with any Maintenance requirements about which we notify you.

1.3 Your Content. As between you and us, you or your licensors own all right, title, and interest in and to the Content that is transferred to us for processing, storage or hosting by the Service in connection with your Account (“Your Content”). Except as provided in these Terms, we obtain no rights under these Terms from you or your licensors to Your Content, including any related intellectual property rights. On termination of Your right to use a Service, BigDayMade shall make all reasonable efforts to promptly remove Your Content from such Service and its ancillary systems, such as back-up servers, and cease use of Your Content; however, you recognize and agree that caching of or references to Your Content may not be immediately removed. BigDayMade does not claim ownership of Your Content. However, when you as a User or Vendor posts or publishes Your Content on or in the Service, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You hereby agree that BigDayMade and its authorized agents may use Your Content for all reasonable and necessary purposes to perform the Service and as otherwise provided in these Terms. You warrant and represent that you have the right to grant BigDayMade the rights set forth above. You acknowledge that BigDayMade has no obligation to pre-screen Content (including, but not limited to, Your Content or the Content of any User or Vendor), although BigDayMade reserves the right in its sole discretion to pre-screen, refuse or remove any Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. BigDayMade is not responsible for and does not control how other Users and Vendors use Your Content once exported or downloaded from the Service. Any such use of Your Content by such other Users and Vendors (including any modification or derivative works thereof) is not subject to these Terms. BigDayMade has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of Your Content. You provide Your Content at your own risk. In the event that BigDayMade pre-screens, refuses or removes any Content, you acknowledge that BigDayMade will do so for BigDayMade's benefit, not yours. Without limiting the foregoing, BigDayMade shall have the right to remove any Content that violates these Terms or is otherwise objectionable. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Service, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

1.4 Restrictions. You may not use the Service or any part thereof in any manner or for any purpose other than as expressly permitted by these Terms. Except as is expressly permitted herein, you may not, or permit any third party to: (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service (except to the extent software included in the Service are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, decompile, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or apply any other process or procedure to derive the source code of any software included in the Service, (c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) resell, rent, sublicense, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein, (e) frame, mirror or utilize framing or mirroring techniques to enclose any trademark, logo, or other component of the Service (including images, text, page layout or form), (f) use any metatags or other "hidden text" using BigDayMade's name or trademarks, (g) prepare or distribute junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law, including without limitation the Canadian Anti-Spam Legislation, (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures, (i) access or use any part of the Service without permission, including attempting to probe, scan, or test the vulnerability of any part of the Service or to breach any security or authentication measures used by any part of the Service, (j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission or message, (k) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you, (l) harvest or collect information about any Service visitors, Users or Vendors without their express consent, (m) disclose the results of any benchmark test of the Service to any third party without our prior written approval, (n) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (o) inundate a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective, (p) interfere with the proper functioning of any part of the Service, including any deliberate attempt to overload the Service by mail bombing, news bombing, broadcast attacks, or flooding techniques, (q) operate network services like open proxies, open mail relays, or open recursive domain name servers, (r) access the Service in order to build a similar or competitive website, application or service; (s) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Service; (t) remove or destroy any copyright, trademark or other proprietary notices or markings contained on or in the Service; (u) violate the BigDayMade privacy policy found at http://intercom.help/bigdaymade/terms-and-privacy/bigdaymade-privacy-policy (“BigDayMade Privacy Policy”) or the Acceptable Use Policy of Amazon Web Services, Inc. found at https://aws.amazon.com/aup/, or (v) contribute any Content that (1) violates any applicable law, statute, ordinance or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability, or promotes illegal activity, including without limitation child or animal abuse, violence, illegal drug use, child pornography, underage drinking, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, (2) is fraudulent, abusive, harmful, defamatory, libelous, offensive, harassing, tortious, threatening, invasive of privacy, hateful, discriminatory, pornographic, obscene or otherwise objectionable including without limitation content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts, (3) reveals any trade secret, unless you own the trade secret or have the owner’s permission to disclose it, (4) restricts or inhibits any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service, (5) is contrary to BigDayMade's reputation, goodwill or public image; (6) infringes or misappropriates our or others’ intellectual property or proprietary rights, including without limitation, copyrights, patents, trademarks, trade secrets or rights of publicity or privacy or otherwise transmits any trade secret or other material, non-public information about any person, company or entity without the authorization to do so, (7) represents expressly or impliedly that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance; (8) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (9) interferes with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of the Service, or BigDayMade or its licensors or suppliers; (10) contains any reference to or likeness of any identifiable third parties without obtaining any legally required consent from such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, or (11) remains posted after you have been notified that such Content violates any provision of this Section. All rights granted to you in these Terms are conditional on your continued compliance these Terms, and will immediately and automatically terminate if you do not comply with any term or condition of these Terms. If you become aware of any violation of this Section 1.4 (Restrictions), you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Section 1.4 (Restrictions), please contact us at hello@bigdaymade.com.

1.5 Roles.

1.5.1 BigDayMade. BigDayMade is a community of users that includes prospective brides and grooms as well as other individuals (collectively, "Users") and companies and other third parties offering products and services related to weddings ("Vendors"). However, we are not a wedding product or service provider, wedding vendor or an agent representative. Our Service functions solely as a neutral venue and forum and we have no control over the accuracy of listings on our Service or the ability of Vendors to provide items or services. We are not involved in or a party to any interaction or transaction that may occur between Users and Vendors. We do not attempt to confirm, and do not confirm, any User's or Vendor’s purported identity. We do not investigate any User's or Vendor’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Service.

1.5.2 Users. If you are a User, you acknowledge and agree that: (a) we do not provide any of the products or services advertised or offered by Vendors; (b) we do not endorse any Vendor, nor do we guarantee the quality of their goods or services; (c) any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Service are not provided by us and are specifically and solely between you and the Vendor; (d) any transaction you enter into with a Vendor is strictly between you and the Vendor, and we are not a party to that transaction; and (e) any dispute you have with a Vendor is between you and the Vendor, and we will not be a party to that dispute. Our Service includes the display of Reviews (defined below) to help you evaluate Vendors with whom you are considering transacting business, but we do not and cannot guarantee that information provided by or about Vendors on the Service is accurate (including in Reviews). The Service is a beginning point for identification of providers of wedding products and services. You must conduct your own investigation concerning each potential vendor for suitability with regard to your own specific needs. You may wish to consider using a third-party service that provides further confirmation of vendor information.

1.5.3 Vendors. If you are a Vendor, you acknowledge and agree that: (a) we will not endorse you or your products or services; (b) we are in no way responsible for assisting you in reaching an agreement with Users; (c) we are not responsible for assisting you in providing goods and services to Users; (d) while all Users are required to give us accurate information about themselves, we cannot and will not verify this information; (e) any transaction you enter into with a User is strictly between you and the User, and we are not a party to that transaction; (f) any dispute you have with a User is between you and the User, and (g) we will not be a party to that dispute. Vendors are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits (collectively, "Laws"), or other taxes and payments which may be applicable to services and products provided by you. You agree that you, as a Vendor, are solely responsible for your products and services and agree to indemnify, defend and hold BigDayMade harmless from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys' fees) relating to or arising from the Service and any interaction with, or products and/or services provided or to be provided to any User, including without limitation violation of any Laws, or other taxes and payments which may be applicable to such products and/or services.

1.6 Interactions with Other Users and Vendors. You are solely responsible for your interactions with other Users and Vendors of the Service and any other parties with whom you interact through the Service; provided, however, that BigDayMade reserves the right, but has no obligation, to intercede in such disputes. You agree that BigDayMade will not be responsible for any liability incurred as the result of such interactions. The Service may contain Content provided by other Users or Vendors. BigDayMade is not responsible for and does not control such Content. BigDayMade has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to such Content. You use all User and Vendor Content and interact with other Users and Vendors at your own risk. We may delete User and Vendor Content in our discretion.

1.7 Reviews. Users can post opinions and information about Vendors (“Reviews”) on the Service, and Vendors may respond to those reviews. Our Service is a neutral venue, and we do not make any comments on behalf of any User. Users have the right to post Reviews about Vendors (whether positive, neutral or negative) and for other Users to read and evaluate those Reviews and make voluntary choices based upon those Reviews. We do not make judgments on the truthfulness of the content of Reviews. We may, but are not required to, take certain steps to ensure the Review is accurate, including proof that a User conducted business (or attempted to conduct business) with a Vendor. In order to protect the integrity of the Reviews, we will only consider removing a Review: (a) that violates these Terms: (b) for which we are provided with a binding ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the Review is slanderous, libelous, defamatory or otherwise illegal or the court order requires removal; (c) that makes any reference to actions taken or purported to be taken by BigDayMade or any law enforcement organization; or (d) from a User whose use of the Vendor’s product or service cannot be verified. Vendors may contact us to initiate a dispute over a Review. As a Vendor, you agree that you will not: (i) attempt to restrict in any way a User's right to post a review, by contract or otherwise; (ii) offer a User cash or other compensation in any form in exchange for a more advantageous review; (iii) post and/or cut and paste and/or copy the content of a Review from the Service to your own personal or business site, to any other third party website and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form; (iv) attempt to gain Reviews by receiving multiple Reviews from the same User; (v) post or attempt to post, in any manner or by any means, a Review on your own account; or (vi) misrepresent or impersonate another User. You, as Vendor, agree and acknowledge that BigDayMade shall be entitled to retain all Reviews associated with you (including any of your responses) as well as basic directory information about you (e.g., business name, address and telephone number). Reviews about you will not be Your Content or your personal information. At your request, however, we will, however, take reasonable steps to remove any other of Your Content (i.e., content that is not publicly available or included in reviews) subject to the limitations on removal set forth in Section 1.3 above.

1.8 Storage. Unless expressly agreed by BigDayMade in writing elsewhere, BigDayMade has no obligation to store any of Your Content. BigDayMade has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You agree that BigDayMade retains the right to create reasonable limits on BigDayMade's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Service and as otherwise determined by BigDayMade in its sole discretion.

1.9 Display. We reserve the right to commercialize Your Content in any way, including by including advertising in and around Your Content. As we do not control any advertising, you hereby agree and acknowledge to the juxtaposition of any advertising around Your Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Your Content.

1.10 Support. We are not obligated to any provide support or related services to you unless we have a separate written agreement with you obligating us to do so.

1.11 Third-Party Materials. As a part of the Service, you may have access to materials that are hosted by another party. You agree that it is impossible for BigDayMade to monitor such materials and that you access these materials at your own risk.

2. REGISTRATION. When you create an account (“Account”) with us, you guarantee that you are above the age of 18 and are of legal age to form a binding contract, you are not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction, and that the Account information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, including without limitation, all activities or actions undertaken by you, your employees or a third party (including your contractors and agents). You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person's permission. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit. You agree not to create an Account or use the Service if you have been previously removed by us, or if you have been previously banned from any of the Service. You must provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use the mobile applications of the Service, and you are solely accountable for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.

3. THIRD-PARTY SERVICES. The Service may contain links to third-party websites ("Third-Party Websites") and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Service and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of BigDayMade. BigDayMade is not responsible for any Third-Party Websites & Ads. BigDayMade provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, these Terms and the BigDayMade Privacy Policy no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

4. PAYMENTS AND COMMISSIONS

4.1 BigDayMade Commissions. Users and Vendors may use the Service to complete certain paid transactions between one another, such as booking the Vendor's venue, paying for products or services, or placing a deposit with the Vendor (each, a "Paid Transaction"). Following BigDayMade's receipt of applicable payments in connection with a Paid Transaction, BigDayMade (via its third-party payment processor) will remit to the Vendor such payments less BigDayMade's commission (a "BigDayMade Commission"). If you are a Vendor, you acknowledge and agree that you will not receive interest or other earnings on the funds held by BigDayMade prior to disbursement of funds/fees to you. BigDayMade reserves the right to seek reimbursement from you, as a Vendor, and you will reimburse BigDayMade, if we suspect fraud or criminal activity associated with your payment or withdrawals, or if we discover erroneous or duplicate transactions, or if we supplied the Service in accordance with these Terms yet receive any chargeback from a User's credit card company, bank, PayPal or other payment method used by you or the Users. You agree that we have the right to obtain such reimbursements by instructing our third-party payment processor to charge your account, offsetting any amounts determined to be owed, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements or chargebacks is cause for termination of these Terms.

4.2 Refunds. BigDayMade has no obligation to provide refunds or credits to you, either as a User or as a Vendor, but may grant them in extenuating circumstances, for instance to correct any errors made by BigDayMade, in each case at BigDayMade's sole discretion.

4.3 Taxes. You, as a User or as a Vendor, will be liable for all transaction taxes on the Service under these Terms (other than taxes based on BigDayMade's income).

4.4 Disputes. You must notify us in writing within ten (10) days after receiving your credit card statement (if you are a User) or receiving payment of funds (if you are a Vendor), if you dispute any charges (as a User) or the User's nonpayment or underpayment (as a Vendor). Upon receipt of such a notice, BigDayMade will notify the other party that there is a dispute to be resolved between the parties.

4.5 Third Party Payment Processors. Payment processing services for Users and Vendors on the Service are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User or Vendor on the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service enabling payment processing services through Stripe, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by Stripe. If you do not agree with the Stripe Services Agreement, you may not use the payment processing services of the Service.

5. INDEMNIFICATION. You agree to indemnify and hold BigDayMade, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and representatives (collectively, the "BigDayMade Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service or any other User's or Vendor’s Content; (c) your violation of these Terms; (d) your violation of any rights of another party, including any Users and Vendors; (e) your violation of any applicable laws, rules or regulations; or (f) your interactions with any other User or Vendor. BigDayMade reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BigDayMade in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms or your access to the Service. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims described in (d) or (f) above at our then-current hourly rates.

6. DISCLAIMER OF WARRANTIES

6.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. BIGDAYMADE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

A .BIGDAYMADE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

B. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

C. THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. BIGDAYMADE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIGDAYMADE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6.2 Beta Features. From time to time, BigDayMade may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at BigDayMade's sole discretion. The provisions of this section apply with full force to such features or tools.

6.3 No High-Risk Activities. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE WITH RESPECT TO CONTROLLING AIRCRAFT OR OTHER MODES OF HUMAN MASS TRANSPORTATION, NUCLEAR OR CHEMICAL FACILITIES, LIFE SUPPORT SYSTEMS, IMPLANTABLE MEDICAL EQUIPMENT, MOTOR VEHICLES, WEAPONRY SYSTEMS, OR FOR ANY SIMILAR PURPOSES. 

6.4 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT BIGDAYMADE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BIGDAYMADE PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS, VENDORS OR OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT BIGDAYMADE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR VENDORS OF THE SERVICE.

7. LIMITATION OF LIABILITY.

7.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BIGDAYMADE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BIGDAYMADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

7.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL BIGDAYMADE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) TWENTY-FIVE DOLLARS ($25.00); AND (B) ANY AMOUNTS PAID BY YOU TO BIGDAYMADE FOR BIGDAYMADE COMMISSIONS IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

7.3 User and Vendor Content. BIGDAYMADE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT, VENDOR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

7.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIGDAYMADE AND YOU AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. 

7.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. DIGITAL MILLENNIUM COPYRIGHT ACT. BigDayMade has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. The name and address of BigDayMade’s designated agent for copyright takedown notices (“Designated Agent”) is Ian Cornwall, 584 Castro Street #863, San Francisco, CA 94114. If you believe that content residing or accessible on the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address above: (a) identification of the work or material being infringed; (b) identification of the material that is claimed to be infringing, including its location, with sufficient detail so that BigDayMade is capable of finding and verifying its existence; (c) contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address; (d) a statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law; (e) a statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner; and (f) the Notifying Party's physical or electronic signature. After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, BigDayMade shall disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any user of the Service. BigDay­­­­­­­Made will then immediately notify the user responsible for the allegedly infringing material (the “Offending User”) that it has removed or disabled access to the material. BigDayMade reserves the right, at its discretion, to immediately terminate the account of any user who is the subject of repeated takedown notices. A user who believes it is the wrongful subject of a copyright takedown notice may file a counter notification with BigDayMade, by providing the following items in writing to the Designated Agent at the address below: (i) the specific URLs of material that BigDayMade has removed or to which BigDayMade has disabled access; (ii) the user’s name, address, telephone number, and email address; (iii) a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which its address is located, and that the user will accept service of process from the Notifying Party; (iv) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and (v) the user’s signature. Upon receipt of a counterclaim, BigDayMade will forward it to the Notifying Party. The Notifying Party will then have 10 days to notify BigDayMade that he or she has filed legal action relating to the allegedly infringing material. If BigDayMade does not receive any such notification within 10 days, BigDayMade may restore the material to the Service.

9­­­. TERM AND TERMINATION. These Terms commence on the earlier of the date when you accept these Terms (as described in the preamble above) and the date you first used the Service, and these Terms remain in full force and effect while you use the Service, unless terminated earlier in accordance with these Terms. We have the right to modify, suspend or terminate any of the Service provided to you at any time without or without reason in our sole discretion. If you want to terminate the Service provided by BigDayMade, you may do so by notifying BigDayMade at any time in accordance with the Notice section below. Termination of the Service includes removal of access to the Service and barring of further use of the Service. Termination may include deletion of your password and certain information, files and Content associated with your Account (or any part thereof), excluding Reviews and directory information about you. Upon termination of the Service, your right to use the Service will automatically terminate immediately. If you are a Vendor, upon the termination of these Terms we will pay you any BigDayMade Commissions in accordance with Section 4 above that accrued prior to such termination as long as you have not engaged in any fraudulent activity or intentional misconduct with respect to your use of the Service. We will not have any liability whatsoever to you for any suspension or termination, including for deletion or non-deletion of Your Content. Sections 1.1, 1.4 and 5-11 of these Terms shall survive termination of these Terms.

10. REMEDIES. If BigDayMade becomes aware of any possible violations by you of these Terms, BigDayMade reserves the right to investigate such violations. If, as a result of the investigation, BigDayMade believes that criminal activity has occurred, BigDayMade reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. BigDayMade is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including Your Content, in BigDayMade's possession in connection with your use of the Service, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of BigDayMade, its Users, Vendors or the public, and all enforcement or other government officials, as BigDayMade in its sole discretion believes to be necessary or appropriate. In the event that BigDayMade determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Service, BigDayMade reserves the right to: (i) warn you via e-mail (to any e-mail address you have provided to BigDayMade) that you have violated these Terms; (ii) delete any of Your Content; (iii) discontinue your registration(s) with the any of the Service, including any part of the Service or any BigDayMade community; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which BigDayMade deems to be appropriate. If your registration(s) with or ability to access the Service, or any other BigDayMade community is discontinued by BigDayMade due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Service or any BigDayMade community through use of a different user name or otherwise. In the event that you violate the immediately preceding sentence, BigDayMade reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

11. GENERAL PROVISIONS

11.1 Electronic Communications. The communications between you and BigDayMade use electronic means, whether you visit the Service or send BigDayMade e-mails, or whether BigDayMade posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from BigDayMade in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BigDayMade provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

11.2 Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without BigDayMade's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

11.3 Force Majeure. BigDayMade shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.4 Confidentiality. You may use Confidential Information only in connection with your use of the Service as permitted under these Terms. You will not disclose Confidential Information during the term of this Agreement or at any time during the 5-year period following the end of such term; provided that to the extent the Confidential Information constitutes a trade secret(s) under law, you agree to protect such information for so long as it qualifies as a trade secret under applicable law. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. “Confidential Information” means all nonpublic information disclosed by us, our business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Confidential Information includes: (a) nonpublic information relating to our or our business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information.

11.5 Compliance. If you believe that BigDayMade has not adhered to these Terms, please contact BigDayMade by emailing us at hello@bigdaymade.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

11.6 Limitations Period. YOU AND BIGDAYMADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11.7 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with BigDayMade and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by BigDayMade that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and BigDayMade, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BigDayMade should be sent to: hello@bigdaymade.com. After the Notice is received, you and BigDayMade may attempt to resolve the claim or dispute informally. If you and BigDayMade do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration shall be initiated through JAMS an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and BigDayMade, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BigDayMade. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and BigDayMade in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BIGDAYMADE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE YOU OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER YOU OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or Terms, neither you or BigDayMade is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth below. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with BigDayMade. Notwithstanding the foregoing, either you or BigDayMade may bring an individual action in small claims court. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.

11.8 Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.9 Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. C'est law volone expresse des parties que la presente convention ainsi que les documents qui s'y rattacent soient rediges en anglais.

11.10 Notice. Where BigDayMade requires that you provide an e-mail address, you are responsible for providing BigDayMade with your most current e-mail address. In the event that the last e-mail address you provided to BigDayMade is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, BigDayMade's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to BigDayMade at the following address: 584 Castro Street #863, San Francisco, CA 94114. Such notice shall be deemed given when received by BigDayMade by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

11.11 Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.12 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

11.13 Trade Compliance. In connection with this Agreement, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service, including your transfer and processing of Your Content, the provision of Your Content to other parties, and the AWS region in which any of the foregoing occur. You represent and warrant that you and your financial institutions, or any party that owns or controls you or your financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. 

11.14 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.15 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

11.16 No Third-Party Beneficiaries. Except as set forth in Sections 1.5.3 and 5 above, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. 

11.17 Independent Contractors. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. 

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