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Terms & Conditions

These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Artifact Homes LLC (hereinafter referred to as “Company”, “we”, “our”, or “us”), and govern your use of any online service provided by the Company and/or that that posts a link to these Terms, and all features, content, and other services that the Company owns, controls and makes available through any medium (collectively, the “Service”). You represent and warrant that you are entering into these Terms personally, or as an authorized representative of your company, as applicable.

These Terms and separate terms elsewhere on the Service (e.g. Master Service Agreement, any leases, furniture refunds, returns, customer service, damage policies, correspondence with the Company, etc.) may both apply to your use of the Service (“Additional Terms”). Any provisions that may be found in both the Term and Additional Terms shall be resolved by allowing the Additional Terms to control. 

Your use of the Service conveys to us your agreement to these Terms and to our 

collection, use and disclosure practices, and all other applicable activities as described in our privacy policy. If you do not agree and acknowledge these Terms, you shall not continue use of the Service.


SERVICE USE


  1. COMPANY CONTENT 

Service, as used herein, means: 

  1. all materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, photographs, furniture information, pricing, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; 
  2. trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and 
  3. other forms of intellectual property (all of the foregoing, collectively “Company Content”). 

All right, title, and interest in and to the Service and the Company Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

  1. LIMITED LICENSE

You are granted a limited, non-exclusive, non-assignable, personal and non-transferrable license, revocable at any time by the Company in its sole discretion without advance notice or liability (the “License”), to download, display, view, use, and play the Company Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Company Content as it is displayed to you, in each case for your personal, non-commercial use only. The License is subject to your strict compliance with these Terms and all applicable Additional Terms. The License explicitly prohibits any ownership of, or any other intellectual property interest in, any Company Content. Failure to abide by these Terms may expose you to liability under copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

  1. SETTING UP AN ACCOUNT & PAYMENT

You may elect to create an online account through the Company’s website(s). By doing so, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect against and take all reasonable steps to prevent unauthorized access to your account; (iv) not transfer any information pertaining to your account or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. You further agree that you are solely responsible for all activities that occur through your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

Certain aspects of the Service, such as furniture purchase, rental and delivery, may be subject to payments now or in the future (the “Paid Services”). You agree that you are responsible for all payments and taxes incurred by the use of the Services hereunder, including without limitation, renting or purchasing furniture. Customer has the option to elect one (1) of the payment methods below:

  1. Pay In Full: Customer may elect to pay the total cost listed in Section 2 above in full at the time of signing this Agreement. 

  1. Payment Plan: Subject to the terms and conditions listed in this Section, Customer may elect to utilize Service Provider’s Payment Plan by making a down payment equal to twenty percent (20%) of the total cost listed in Section 2 above with the remaining total cost equally divided among four consecutive monthly payments beginning with the first payment due on the first calendar day of the first month following the execution of this Agreement. 

    1. Buyback: By electing the Payment Plan, Customer has the option to request a quote from the Company (the “Buyback Quote”) to repurchase the furniture and furnishings listed in the Scope of Work above. The Buyback Quote shall be in the sole and absolute discretion of the Company and its affiliates, agents, and/or contractors. 

    1. Default: Customer’s failure to make any payment in full when required will deem the payment plan in default. Upon default, Company reserves the right to declare the remaining unpaid balance of this Agreement immediately due and payable and to seek repossession of all furniture and furnishings supplied in accordance with the Agreement. 

We use a payment processor (the “Payment Processor”) to bill you through a payment account, such as a bank account or debit or credit card, that you provide (your “Billing Account”) for use of the Paid Services. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as our Payment Processor and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your subscription. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled or if you become aware of a potential breach of security. Changes to such information can be changed by calling your account manager a call directly at the number listed in their email signature, or calling our general line at 478-960-5968. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.

  1. RESTRICTIONS

You may not use the Service unless you are at least eighteen (18) years old.

You may not: (i) use the Service or Company Content for any political purpose; (ii) engage in any activity in connection with the Service or Company Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Company; (iii) harvest any information from the Service or Company Content; (iv) reverse engineer or modify the Service or Company Content; (v) interfere with the proper operation of or any security measure used by the Service or Company Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Company Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Company Content.


You agree to provide reasonable care while any furniture or other products are in your possession and understand you are responsible for any and all damage to any products..

  1. AVAILABILITY

Company reserves the right to suspend or terminate the the Service and Company Content, in whole or in part, to any individual user or all users, for any reason, in Company’s sole and absolute discretion  without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Company Content.

  1. RESERVATION OF RIGHTS

All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Company Content or Service for any purpose is prohibited.

  1. CUSTOMER SUPPORT 

If you have any questions or comments, please send an e-mail to us at hello@artifacthomes.com. You acknowledge that the provision of support is at Company’s sole discretion consistent with its customer service policies in the Additional Terms and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: 845 Market St., San Francisco, CA 94103. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


  1. USER CONSENT 

You acknowledge that all you, and not Company, are entirely responsible for all information, reviews, data, text, photographs, graphics, video, messages, tags and/or other materials (collectively, “User Content”) that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services.

You acknowledge that Company has no obligation to pre-screen User Content, although Company reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content. In the event that Company pre-screens, refuses or removes any User Content, you acknowledge that Company will do so for Company’s benefit, not yours. Without limiting the foregoing, Company shall have the right to remove any User Content that violates the Terms or is otherwise objectionable.

You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Content (in whole or in part) for any purpose, commencing on the date you made such User Content available, including promoting and marketing the Company and the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any User Content that, in Company’s sole discretion: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company; or (vi) requires Company to obtain any license from or make any payments in any amount to any third party throughout the world.

  1. FEEDBACK

You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business.

  1. THIRD PARTY SERVICES

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.


  1. SERVICE FEATURES

Communications. E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.

  1. Disclaimer of Representations and Warranties

THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

  1. LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF OTHERS NOR SHALL IT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO ANY PROPERTY BELONGING TO YOU OR OTHERS FOR ANY CAUSE UNLESS SUCH LOSS OR DAMAGE RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY. EXPLICITLY INCLUDED WITHIN THIS DISCLAIMER IS ANY LOSS, INJURY, OR DAMAGE TO ANY PERSONS OR PROPERTY RESULTING FROM NATURAL DISASTERS, THEFT, INADVERTENT EXPOSURE OF BED BUGS AND OTHER INVASIVE PESTS, FIRE, EXPLOSION, ALLERGIC REACTIONS, FALLING PLASTER, FALLING CEILING TILE, FALLING FIXTURES, STEAM, GAS, ELECTRICITY, WATER, OR LEAKS FROM ANY PART OF THE PREMISES OR FROM THE PIPES, SPRINKLERS, APPLIANCES, PLUMBING WORKS, ROOF, WINDOWS, OR SUBSURFACE OF ANY FLOOR OR CEILING OF THE PROPERTY OR FROM THE STREET OR ANY OTHER PLACE OR BY DAMPNESS, OR BY ANY OTHER CAUSE WHATSOEVER, UNLESS SUCH INJURY OR DAMAGE RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

  1. WAIVER OF INJUNCTION OR OTHER EQUITABLE RELIEF 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.

  1. Updates to Terms

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. We may also ask you to affirmatively consent to any material changes in the Terms. All such changes are effective with your continued use of the Service. If you object to any such changes, your sole recourse is to cease using the Service.

  1. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

You and Company agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

You acknowledge and agree that You and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. 

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the AAA’s Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”). If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The AAA Rules and instructions for how to initiate an arbitration are available from AAA at https://www.adr.org/or 1-800-778-7879. 

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Company will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).The arbitrator will decide the rights and liabilities, if any, of you and Company, 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 Arbitration Rules, and the 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 Company.


  1. WAIVER OF JURY TRIAL

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. 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 Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.


  1. CHOICE OF LAW/FORUM SELECTION

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco, California.

  1. Consent or Approval

No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.


  1. SURVIVAL

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.


  1. SEVERABILITY; INTERPRETATION; ASSIGNMENT

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.


  1. COMPLETE AGREEMENT; NO WAIVER

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.


  1. INTERNATIONAL ISSUES 

Company controls and operates the Service from the U.S., and Company makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.


  1. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT 

Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.


  1. CALIFORNIA CONSUMER RIGHTS & NOTICES 

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.