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App Terms of Use

Terms of Use

Last updated: July 8, 2019

Welcome to Breezler, operated by Breezler, Inc., a Delaware corporation (the “Company,” “we,” or “us”). The “Service” means the websites, webpages, smartphone applications, desktop software, software as a service, and other Internet-based services operated by or under control of the Company.

BEFORE YOU USE THE SERVICE, CAREFULLY READ THE FOLLOWING TERMS CONCERNING YOUR LEGAL RIGHTS AND THEIR LIMITATIONS, AND PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY EMAILING US AT: info@breezler.com.

  1. WHO MAY USE THE SERVICE
    • Age Requirement

The Service is intended for persons eighteen years of age and older.  If you are under eighteen years of age, you may NOT use the Service.

  • No Criminal Record

By registering to use, or using the Service, you represent to us that you have never been convicted of a felony and have never been required to or are not currently registered as a sex offender with any government entity.

  1. AGREEMENT TO USE THE SERVICE
    • Your Acceptance of the Terms of Use

These “Terms of Use” including the Privacy Policy constitute the entire, complete, and binding agreement between you and the Company. The offer of the Service to you is conditioned upon your acceptance of these Terms of Use.

BY USING THE SERVICE FOR ANY PURPOSE, WITH OR WITHOUT A USER ACCOUNT (AN “ACCOUNT”) AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE; THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED ABOVE; AND, THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SERVICE.  IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OF USE, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SERVICE IN ANY WAY.

  • Where the Service is Performed

The Service is provided to and accessed by users solely at our business location in Suffolk County, Massachusetts, United States (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms of Use and that you are availing yourself of the Service at the Business Location. The Company makes no representations or warranties that the Service or any of its contents are appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES, BE AWARE THAT THE SERVICE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK.

  • Changes to the Terms of Use

We reserve the right to modify, amend, or otherwise change these Terms of Use, in whole or in part, at any time and at our sole discretion. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Service, you agree to be bound by the most current version of the Terms of Use. We will notify our users of any such changes that are material (i.e., changes that substantially affect your rights) by sending a notice to the last email address you provided to us, or by placing a notice on our website. However, it is ultimately your responsibility to review the Terms of Use for any changes before using the Service. You may not change any elements of the Terms of Use without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms of Use.

  • Duration

Upon any access or use of the Service, the Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

  1. HOW YOU MAY USE THE SERVICE
    • Limited License to Use the Service

Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access the Service and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant any ownership rights, title, interest, or any other rights in either the Service or any of the contents you find therein. If you are accessing the Service through software that you purchased or otherwise downloaded, you are granted only a license to use that one copy of such software, which you may not modify, to access the Service.

  • User Accounts

To access the full features of the Service, you will need to create an Account.

  1. Account Registration and Password

You may create an Account by opening the Breezler app (the “App”), so as to allow us to access your Gmail email account, which will automatically provide us access to the contacts and emails from the Gmail email account you provided. The use of your Gmail email account requires you also to comply with the terms, conditions, and privacy policies of such third party service. After creating an Account, you will become a “Member”, and as a Member, you may not have more than one Account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. By creating an Account, you give us and all users of the Service the ability and right to view your profile, and your contacts imported from the Gmail email account provided, which we may update from time to time (the “Contacts”). For more information regarding what we collect from you and how we use it, please consult the Privacy Policy.

  1. Contacts

After you create an Account, and every time you open the App thereafter, you will be brought to the “match” screen where you will be presented with a list of “matches” from other Member’s Contacts. If you are interested in “matching” with a Contact, you may click on such Contact and see the Contact’s name, gender, company they work with, title in such company, the reason why Breezler suggests this Contact could be valuable to connect with, and the Member who may facilitate an introduction. Other Members will have access to such information about your Contacts too.

  1. Responsibility for Your Account

You are solely responsible for your Account. So long as you have an Account on the Service, you agree to safeguard your login credential and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not), which includes all content that can be linked or traced back to your Account, as well as any communications you have with other Members and Contacts. You agree to immediately notify us of any unauthorized use of your Account, password, or profile and to report a lost or stolen Account to us at: info@breezler.com. YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF THE COMPANY OR ANY AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO ONE OR MORE OF THE COMPANY AND OTHER USERS OF THE SERVICE.

  1. Limited Commercial Use

You may NOT use any information obtained from the Service to advertise to, solicit, or sell to any other user without his or her prior explicit consent. The Company may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including collecting information of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

  1. Account Disablement

You may disable your Account at any time, for any reason, by sending us an email at info@breezler.com. The Company also reserves the right to terminate, restrict, or suspend your Account at any time with or without notice if we believe that you have breached the Terms of Use, or for any other reason, with or without cause, at our sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. If your Account is terminated for any reason, all of these Terms of Use will survive such termination.

  • Fees and Payment

We may charge monetary fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services. We may in our sole discretion, and by notifying you on our website, begin charging for access to our mobile smartphone application, website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of any new fees or changed fees for an existing feature(s) on the Service, and you agree to continue using such feature(s) under the new payment terms as offered, you may opt-in to pay all such fees along with all applicable taxes for your continued use of the feature(s) or promotion(s). Failure to pay these fees will result in the termination of your paid Service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use, such as charges for overdrawn accounts or exceeding account limits.

  • Information About You and Your Account

We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you and any Account created on your behalf in a manner governed by our Privacy Policy. You agree that all such information may be used by the Company without any monetary compensation to you and in consideration for the various valuable services and content provided or made available to you through the Service.

  • Restrictions on Your Use of the Service

Notwithstanding the foregoing, you agree that you will NOT use the Service, or any portion(s) thereof or content found therein, in any way that is not expressly permitted by these Terms of Use or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:

  1. use the Service in a way that violates any law or infringes the rights of any person;
  2. use the Service or any of its contents to sell access to the Service or its contents, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;
  3. act as an agent, affiliate, or representative of the Company or the Service;
  4. suggest or infer that the Company or the Service has any relationship or affiliation with your own company or services, or that the Company endorses, sponsors, or recommends the contents, products or services on your website, webpage, or other platform;
  5. modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service or contents you find therein;
  6. circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service or any contents therein;
  7. impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;
  8. deep-link to any portion of the Service for any purpose;
  9. frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service; and,
  10. post, publish, or transmit any one or more of the following on the Service:
    • Virus, Trojan horse, worm, malware, or other malicious code
    • Robot, spider, scraper, crawler, avatar, offline reader, intelligent agent, or other automated means or any manual process for any purpose
    • Junk-mail, chain letter, phishing message, mass mailing, SPAM, or WAREZ
    • Illegal, infringing, pirated, or plagiarized content
    • Vulgar, obscene, sexual, erotic, pornographic, or otherwise inappropriate content
    • Racially, ethnically, or otherwise discriminatory language
    • Defamatory, false, fraudulent, or otherwise untruthful language
    • Inaccurate or unlawful language, or language in violation of the rights of third parties
    • Harassing, intimidating, stalking, hateful, or threatening language
    • Online vandalism
    • Impersonation or identity theft of another person
    • False or intentionally misspelled names
    • Invasion of another person’s privacy rights
  11. CONTENT ON THE SERVICE
    • Definition of Content

“Content” is defined herein as any piece of information that is available on or transmitted through the Service, including the following types of information: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features, and functions that is available on or through the Service.

  • You are Responsible for Your Content

You are solely responsible for the Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to other users, whether publicly posted or privately transmitted. You may not Post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially-offensive, sexually-explicit, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

  • Ownership and License of Your Content

With respect to your original or proprietary Content that you Post or create on the Service, you will retain all rights, title, and ownership interests to that Content. In exchange for the valuable consideration of the opportunity to publish and share your Content with others through the Service, you hereby agree that the Company will automatically be granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that Content when it is first uploaded to or created on the Service. If any of your Content is modified or deleted by you or by the Company, you understand that prior versions of such modified or deleted Content will continue to be licensed to and freely used by the Company in such earlier form, and may persist in backup copies for a reasonable period of time (but that following modification or removal, we will not make them available publically on the Service) or may remain with users who have previously accessed and downloaded such prior versions of your modified or deleted Content. You also hereby grant the Company a worldwide, perpetual, non-exclusive, sublicenseable, transferrable and royalty-free license to use your name, profile information, photograph, and likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution, and at our sole discretion.

  1. Changes and Other Uses of Content

You agree that this license also includes the right for the Company to make your Content available to others for the publication, display, distribution, transmission, performance, syndication, or broadcast through any media and online platforms. Such additional uses by the Company or others may be made with no monetary or other compensation. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

  • Monitoring and Takedown of Your Content

You understand and agree that the Company may, but is not obligated to, monitor or review any Content Posted on the Service. The Company may also delete any Content, in whole or in part, that in the sole judgment of the Company violates these Terms of Use or may harm the reputation of the Service or the Company.

  • Other Users’ Content

Please use caution and common sense when using other users’ content you may find on the Service.  It is possible that you may be of the opinion that Content originating from other users on the Service is offensive, harmful, inaccurate, or deceptive to you. You understand and agree that you may only use the Service at your own risk and that you will not seek to hold us liable in any manner for Content provided or created by other users.

  • Conduct of Other Users

The Company is not responsible for your conduct or the conduct of any other user of the Service. In no event will the Company, our affiliates, partners, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages.

  • Background Checks

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THE FOLLOWING: (1) THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS; (2) THAT THE COMPANY DOES NOT ROUTINELY INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS; (3) THAT THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS; AND, (4) THAT THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

  • Content of the Company or Our Affiliates

All Content not originating from you or another user of the Service is owned by either the Company or our affiliate(s) or licensor(s), and we reserve the right to change or remove such Content from the Service without any reason or notice to you. You may NOT reproduce any Content you found on the Service into other websites or platforms without obtaining our prior written consent.

  1. Electronic Communications

When you create an Account on the Service, send us an email, or otherwise provide us your email address, you are communicating with us electronically and thereby consent to receive emails and other electronic communications, notices, messages, updates, offers, and information about our services and products. We may publish or deliver electronic communications to you through one or more media of our choosing and in the form of periodic issues with a frequency of our choosing. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with a sales receipt, we will give you the opportunity to “Unsubscribe” and thereby opt-out of receiving electronic commercial communications from us by sending us an email at privacy@breezler.com.

  1. INTELLECTUAL PROPERTY RIGHTS

Any trademarks and service marks, trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service and the Content therein (collectively, the “IP”) are either owned by the Company, have been licensed to us, or are being used by us in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with some other legal exception(s) or exemption(s). Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior authorization. Any unauthorized reproduction or distribution of the Service or Content that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: info@Breezler.com.

  1. INDEMNIFICATION

You agree to defend, indemnify, reimburse, and hold harmless the Company as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorneys’ fees, paralegals’ fees, expert witness’ fees, investigation fees, and accounting fees, arising from or related to (i) your unauthorized use of the Service, (ii) your Content, (iii) your breach of any provision in these Terms of Use, (iv) any of your representations or warranties made herein, or (v) your violation of any law or rights of any third party. We will have the option to assume the exclusive defense and control of any action to which the Company is named a party and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

  1. DISCLAIMERS AND LIABILITY LIMITATIONS

The express responsibilities set forth herein are the only responsibilities of the Company to you, and we have no other responsibilities to you with respect to the Service. You acknowledge that the Company has no duty to take any action regarding: (a) which users access the Service; (b) what Content you access via the Service; (c) what effects Content may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content. Moreover, you understand and agree to the below-stated warranty disclaimers and limitations of liability. The laws of certain countries and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

  • Warranty Disclaimers

YOUR USE OF THIS WEBSITE AND THE SERVICE, GENERALLY, IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SOFTWARE, INFORMATION, CONTENT, PRODUCTS AND SERVICES WE PROVIDE THROUGH IT (1) ARE PROVIDED TO YOU ON “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES; (2) MAY INCLUDE ERRORS AND INACCURACIES; AND, (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF THE COMPANY IS AWARE OF THEM; AND, (E) MEET YOUR REQUIREMENTS.

  • Company’s Liability Is Limited

You agree, to the maximum extent permitted under applicable law, not to hold the Company or any of our shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of the Service, or from a delay or inability to access or use the Service (including, but not limited to, your reliance upon third party information, content, user content, reviews and opinions appearing on the Service, viruses, errors, linked sites, properties, products and services obtained through the Service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Company or any of our officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be and are found liable for any loss or damages of any kind arising from your use of the Service, or the Content, such liability is expressly excluded to the fullest extent permitted by law; except that the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to the Company by you (if any), or (b) a maximum of one hundred U.S. Dollars (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the Company’s liability will be limited to the fullest extent permitted by applicable law.

  1. DISPUTE RESOLUTION SYSTEM
    • Governing Law

These Terms of Use are made in, entered into, governed by, and will be construed in accordance with the laws of the State of Massachusetts, United States, without resort to its conflict of laws provisions.

  • Arbitration

Any dispute that arises or relates to these Terms of Use, will be referred and finally decided by a confidential arbitration in an expedited manner in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. The Arbitral Tribunal shall consist of a single arbitrator who shall be a retired Federal District Judge, or appointed by mutual agreement of the parties to the Arbitration. In case the parties cannot agree on the selection of an Arbitrator, the Arbitrator will be chosen at random from the JAMS Panel of said judges. The place of Arbitration will be Boston, Massachusetts, United States. The arbitration language will be English. The arbitration award must be made within one hundred and twenty days from the start of the arbitration.

  • Irreparable Harm

Notwithstanding Section 9.2, you acknowledge that the unauthorized use of the Service or Content could result in immediate and irremediable damage to the Company, and that money damages alone would be inadequate to compensate the Company.  Therefore, in the event of your breach or threatened breach of any provision of these Terms of Use, Company may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance.

  1. GENERAL PROVISIONS

The following provisions will govern any interpretation of these Terms of Use:

  • Relationship of the Parties

You agree that no agency, partnership, joint venture, or employment relationship is created or exists between you and the Company or our affiliates unless expressly stated in another agreement.

  • Waivers

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

  • Entire Agreement

These Terms of Use constitute the full agreement in respect of your use of the Service and supersede any other communication, understanding or agreement between you and the Company.

  • Severability

If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms of Use will otherwise remain in full force and effect.

  • Assignments

You may not assign or transfer the Terms of Use or any licenses and rights discussed herein, without our prior written consent. Any attempt by you to assign, transfer, delegate or sublicense the Terms of Use, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms of Use or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • Force Majeure

Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Terms of Use is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, alien invasion, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.

  • Notices

All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices we send you will be deemed delivered when emailed or transmitted by us.

All notices, approvals, requests or demands you make to the Company, shall be in writing, and shall be sent by express courier as follows: 6 Liberty Square #2278 Boston, MA 02109.

  • All Rights Reserved

All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any state, country, and international body, including criminal prosecution where available.