PRIVACY POLICY

Effective Date: February 26, 2019

This Privacy Policy applies to the sites and apps where it appears.

This Privacy Policy describes how digitalcare100 Inc. (“we” or “us”) collects, receives, uses, transfers or otherwise processes information (which may include personal information) we collect from you, receive from third parties, or that you provide to us, on or through the websites, apps, and platforms where this Privacy Policy is located. Please read this Privacy Policy carefully to understand how we will treat your information. This policy does not apply to other interactions you might have with us.

Our platforms are intended only for use in the United States and are subject to United States laws. If you live outside of the United States, you understand and agree that we may transfer your information to the United States.

We collect information from and about you.

We collect contact information. For example, we collect your name and email address if you register on our platforms or sign up for our emails. We may also collect your phone number and mailing address if you register with us. Subscribers may also provide client contact information. We collect demographic information. We may also collect your zip code, gender, and date of birth. We might collect this when you register on our platforms. Subscribers may also provide us with this information about their clients.

We collect payment information. We, or our third party payment processors, collect your credit card details if you purchase a subscription to our care providers’ portal.

We collect information you submit or post. For example, we collect information when you contact us or register with us. We may also collect information when you create content through our subscription portal or access materials and information from our subscription portal.

We collect usage and location information. We collect information about the browser you are using. We also look at what site you came from to get to us. We look at what site you go to when you leave us. We collect information about your general location.

We collect device and mobile information. We may collect device identifiers and information about your precise location. We may collect location information using GPS technology. We might collect address book information, audio/video recordings, and other information from your device that you give us permission to access.

We collect information in different ways.

We collect information directly from you. For example, we collect information if you sign up for an account or sign up for our emails. We also collect information if you contact us or if you submit information or content.

We collect information from you passively. We use tracking tools like browser cookies and web beacons to collect information from and about you. We collect information about users over time when you our platforms. We may have third parties collect personal information this way. To learn more about your choices with respect to such passive tracking tools and how you can control them, please read the Choices section below.

We get information about you from third parties. We get certain demographic, contact, and appointment scheduling information from subscribers who have a subscription to our online portal. We may also get information from business partners and service providers and vendors. These third parties might include providers of hosting, credit card processing services, advertising services, and analytics services.

We combine information. For example, we may combine information that we have collected offline with information we collect online. Or we may combine information we get from a third party with information we already have.

We use information as disclosed and described here.

We use information to respond to your requests or questions. For example, we may contact you about your account or feedback you have given us. We also use your information to create and administer your account.

We use information to provide and improve our services. We use information you share to provide our service. We may use your information or feedback to make our platforms and services better. We might use your information to customize your experience with us.

We use information to administer our platforms and services and for internal operations. This might include troubleshooting, data analysis or testing. We might also use information for research, statistical and survey purposes.

We use information for security purposes. We may use information to protect our company or other third parties. These third parties may include other users, account holders, and providers that have purchased subscriptions to our online platform. We also may use information to protect our websites, as well as to detect and investigate activities that may be illegal or prohibited.

We use information for marketing purposes. We might use your information to serve you ads about products, services, and offers. These might be for our own services and products, or for third-party products and services that we think you might find interesting. You may opt-in to receive our email newsletter. To learn about your choices for these communications, read the Choices section below.

We use information to communicate with you about your account or our relationship. For example, we might contact you about our policies or terms, or your Subscription Services Agreement if applicable.

We use information as otherwise disclosed or permitted by law or as we may notify you from time to time.

We share your information with third parties.

We will share information within our family of companies. This includes our subsidiaries, parents, and affiliates.

We will share your information with third parties who perform services on our behalf. For example, we share information with vendors and service providers, which may include vendors that send emails for us, help us manage and operate our platforms, or process credit card transactions. We may also share information with advertising agencies and advertising networks that assist us in the marketing and advertising of products or services. We may also share information with analytics and search engine providers.

We may share your information subscribers to our portal, including for marketing purposes. These subscribers may send you information related to your relationship with them, or about products or services they offer, by mail, SMS message, or email. They may share your information with other third parties.

We may share information with others for their marketing purposes. For example, we might share your information with a trusted business partner. These companies might send you their own marketing information.

We will share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share information if a government agency or investigatory body requests it. We might share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, if part of our business was sold, we may give our customer list as part of that transaction.

We may share information for other reasons we may describe to you.

You have certain choices about how we use your information.

You can opt out of receiving our email newsletters. To stop receiving emails, you can visit your account settings on our platforms or follow the instructions in any email you get from us, or email us at [email protected]. Even if you opt out of getting email newsletters, we will still send you transactional messages. These include responses to your questions or correspondence regarding your account or subscription.

You can control cookies and certain tracking tools. We may collect information about users over time and across different websites and devices. To do this, we and our vendors use several common tracking tools, such as browser cookies, web beacons, and similar technologies. To opt out of having your online behavior collected for advertising purposes, follow the instructions here or here. Choices you make are device-specific and browser-specific, so if you want to opt out of interest-based advertising completely using these tools, you need to opt out separately for each of your devices and for each internet browser you use on each device. To control Flash cookies, which we may use on certain websites from time to time, you can go here. If you opt out, we may still suggest offerings to you based on your previous engagement with us and past usage of our platforms.

Our Do-Not-Track Policy: Your browser may give you the ability to control cookies and other passive tracking tools. These tools are not all uniform, and how you do so depends on the type of tool. We do not currently respond to do-not-track signals. If you block cookies, certain features on our websites may not work. If you block or reject cookies, not all of the tracking described here will stop. The "help" portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember though, without cookies, you may not be able to take full advantage of all of the website features, and blocking or rejecting cookies will not cause all tracking described here to stop.

Your California Privacy Rights.

If you reside in California, you have the right to ask us one time each year if we have shared your personal information with third parties for their direct marketing purposes. To make a request, please call us or write to us at the address listed below. Indicate that you are a California resident making a “Shine the Light” inquiry.

Information transfer and storage.

If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

Our platforms are not intended for children.

Our websites are meant for adults only. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us at [email protected]. You can also write to us at the address listed at the end of this Policy. Please mark your inquiries “COPPA Information Request.”

We use standard security measures.

The Internet is not 100% secure. We cannot promise that your use of our platforms or services will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. We keep personal information as long as it is necessary or relevant for the practices described in this policy. We also keep information as otherwise required by law.

We may link to third party sites or services we don’t control.

If you click on a link to a third party website, you will be taken to a website we do not control. This Policy does not apply to the privacy practices of that website, which may collect information from you. Read the privacy policy of other websites carefully. We are not responsible for these third party websites or their policies.

Our platforms may also serve third party ads or content that contains third party cookies or tracking technologies. We do not control the use of those technologies.

Feel free to contact us if you have more questions.

If you have any questions about this policy or want to correct or update your information, please email us at [email protected]. Please do not include your credit card number or other sensitive information in your email. You can also write to us or call at:

Digitalcare100 Inc. 1770 The Exchange, Suite 275 Atlanta GA 30339 (770) 828-5445 [email protected]

We may update this Policy.

From time to time we may change our privacy policies. We will notify you of any material changes to our policy as required by law. We will also post an updated copy on our platforms. Please check our platforms periodically for updates.

TERMS OF USE

Your use of the websites, apps, and platforms on which these terms reside (collectively, the “Platform”), and the features at this Platform are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Platform.The Platform is owned or controlled by Digitalcare100 Inc. (“Company”).THIS PLATFORM IS INTENDED FOR VISITORS EIGHTEEN (18) YEARS OF AGE OR OLDER AND WHO LIVE IN THE UNITED STATES.  IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU MAY NOT USE THIS PLATFORM.  BY ACCESSING THIS PLATFORM IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS PLATFORM, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO COMPANY, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE (THE “TERMS”), INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, BINDING ARBITRATION, WAIVER OF A RIGHT TO A JURY TRIAL, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF GEORGIA LAW.

The Platform Does Not Provide Medical Advice

The contents of the Platform, such as text, graphics, images, videos, articles, information and content made available by physicians and other subscribers, and other material contained on the Platform are for informational purposes only. The content and information on, or made available through, the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform.

If you think you may have a medical emergency, call your doctor or 911 immediately. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided by Company, Company’s employees, others appearing on the Platform at the invitation of Company, or other visitors to the Platform is solely at your own risk.

Platform Updates

From time to time we may update this Platform and these Terms.  Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  Company may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you.  You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated for any reason.

Company Content

Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, articles, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

Except as authorized in a Platform Subscription Agreement or otherwise in writing by Company, you agree not to download, display or use any Company Content located on the Platform for use in any publications, in public performances, on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or Third Party Content that appears on this Platform. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to [email protected]. Use of the Platform and Posting Policy

The following requirements apply to your use the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) unless authorized in your Platform Subscription Agreement or otherwise without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users of the Platform, except as authorized in a Platform Subscription Agreement; (d) you will not use the Platform for any commercial purpose not expressly approved by Company in writing or in a Platform Subscription Agreement; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication without all legally required consents and authorizations to do so; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Subscriptions

Company offers a subscription service for access to its online platform for medical professional and health providers. Subscriptions to Company’s online services platform are subject to the terms and conditions found in our Platform Subscription Agreement. By enrolling in any subscription services offered through the Platform, you agree to the Platform Subscription Agreement. In the event of any conflict between the terms of these Terms of Use and the Platform Subscription Agreement, the Platform Subscription Agreement shall control solely with respect to the Subscription and Services (as defined in the Platform Subscription Agreement).

Mobile Service, Internet, and Service Fees

The use of the Platform on a mobile device (whether the mobile app platform or mobile web platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

The Platform may not work with all computers, browsers, devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. Certain device and browser combinations may not support certain Platform features. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Some functionality of the Platform, including, location based services and functionality and access to the user’s microphone or recording functionality, may require the transmission of information provided by the user including, without limitation, names, user names and passwords, addresses, phone numbers, contact information, e-mail addresses audio/video recordings, financial information (such as credit card numbers), and/or GPS location information. If the user uses such platform functionality, the user consents to the transmission of user information to Company and/or its agents and authorizes Company and/or its agents to record, process, and store such user information as necessary for the platform functionality and for purposes described in the Company Privacy Policy.

Representations and Limitations of Liability

Company makes no representations about the reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Except as otherwise stated in the Platform Subscription Agreement, Company makes no representations regarding the amount of time that any Content will be preserved.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or posting information to the Platform. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.   

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Third Party Websites, Applications, and Services

This Platform may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). Third-Party Services are not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Company is not responsible for the availability of such Third-Party Services and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Company is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

United States Only

By using the Platform, you agree and acknowledge that the Platform is hosted in the United States and that data collected through the Platform will be stored and processed in the United States.  Please be advised that through your continued use of this Platform, which is governed by U.S. law, these Terms, and our Privacy Policy, you are transferring your personal information to the United States, and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Georgia with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platform, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Georgia, and (c) the exclusive jurisdiction of the courts of the United States and the State of Georgia. 

Binding Arbitration

Any controversy or claim arising out of your use of the Platform, these Terms, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of Georgia without regard to conflicts of laws principles.  By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Atlanta, Georgia.

You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Platform and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.

If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Platform and your account. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.