These terms of use are an agreement between you and Responsive Data, LLC (the “Company”). This agreement (this “Agreement”) governs your use of the business development services made available to you via the internet on your computer and/or our mobile device (the “Services”).

BY CLICKING THE ACCEPTANCE BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND COMPANY’S PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THEIR TERMS, AND ANY FUTURE AMENDMENTS.

The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Services or to change, suspend or discontinue all or any aspect of the Services, including the availability of any feature, database, information or content, at any time and without prior notice or liability. Continued use of the Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms and conditions of this Agreement at any time, you are required to cease use of the Services. The Company encourages you to print a copy of this Agreement for your records. 

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE SERVICES. You are not authorized to use the Services in any jurisdiction where the terms of this Agreement are not enforceable.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION (SECTION 15 BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Use of the Services.
1. The Services are strictly reserved for use by authorized users or other parties specifically approved by the Company.
2. To use the Services, you must be registered and provide account information, including personal data and contact information. You agree to provide true, complete, and current information in connection with any such request and to promptly notify the Company of any changes in the information. You are solely responsible for maintaining the confidentiality of your password. You agree to immediately notify the Company if you know or suspect that your account is being accessed or used without your authorization. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party. The Company reserves the right to deny access to your account if it cannot verify the accuracy of the registration information. By registering with the Company or using the Services, you agree that, to the extent set forth in the Company’s Privacy Policy and subject to the limitations set forth therein, the Company may disclose any information you provide or that it obtains concerning your use of the Services.
2. Content; License.
1. The Services include content, information and educational materials, which content, information and education materials have been developed by third-party sources, including without limitation the Company’s clients. The Company cannot ensure that any such content, information, and educational materials is accurate, exhaustive or complete, or that it will necessarily include all of the most recent information available on a particular topic. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CLAIMS CONCERNING SUCH CONTENT, INFORMATION AND EDUCATIONAL MATERIALS. You are solely responsible for use of and reliance on this content, information and educational materials. 
2. The Company is and will remain the sole and exclusive owner of all right, title and interest in and to the Services, the underlying software, and all related intellectual property rights inherent therein, and additional suggestions, ideas, enhancements requests, Feedback (defined in Section 14 below), recommendations or other information provided by you relating to the Services. Nothing contained in this Agreement shall give you any ownership interest, or title to, the Services. 
3. Subject to the terms and conditions of this Agreement, the Company grants you a non-exclusive, non-transferable, non-sublicensable license to use the Services. This license shall immediately terminate upon termination of this Agreement.
4. “User Data” shall mean all data or information submitted by or on behalf of you to the Services, including messages and comments. As between the Company and you, you exclusively own all rights, title, and interest in and to all User Data. The Company shall have the right to access and use the User Data solely to perform its obligations in accordance with the terms of this Agreement and as otherwise expressly permitted in this Agreement, including Section 4(b) below. The Company shall not be responsible or liable for the deletion, alteration, destruction, damage, loss or failure to store any User Data unless, and only to the extent that, such deletion, alteration, destruction, damage, loss or failure to store any User Data is directly and proximately caused by the Company’s willful actions and subject to any limitations set forth in this Agreement. The Company reserves the right to develop and commercialize benchmarks and measures based on Aggregated Data.“Aggregated Data” shall mean User Data (i) anonymized, and not identifiable to any person or entity, (ii) combined with the data of other users or additional data sources, and (iii) presented in a manner from which your identity may not be derived. 
3. Use and Restricted Use.
1. You may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Services, in whole or in part, without obtaining permission of the Company, except as expressly permitted in this Agreement or permitted under copyright law.
2. You agree not to use the Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Services that: (i) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (ii) you are not authorized or have the right to make available; (iii) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (iv) violates the property rights of others; (v) offends the community standards of users of the Services; (vi) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Services or perform or that would interfere with the proper working of the Services; (vii) burdens the network capacity; or (viii) otherwise violates any applicable law, including the CAN-SPAM Act. You shall not access the Services in order to build a similar or competitive website, product, or service. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services.
4. Comments and Messages.
1. The Services may include a comment or communication feature for users and you. Considering the real-time nature of the a comment or communication feature, the Company cannot review messages or confirm the validity of information posted. The Company does not actively monitor the contents of posted messages or comments, is not responsible for any messages or comments posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message or comment, and is not responsible for the contents of any message or comment. The messages or comments express the views of the author of the message or comment, not necessarily the views of the Company or any individual associated with the Company. Any user who feels that a posted message is objectionable is encouraged to contact the Company immediately by email. The Company may, in its discretion, remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.
2. Although the Company does not have an obligation to review the message and comments posted on the Services and is not responsible for the content of any of these messages or comments, the Company reserves the right to delete any message or comment from the Services for any reason whatsoever. You remain solely responsible for your User Data and the content of your messages or comments, and you agree to indemnify and hold the Company harmless with respect to any claim based upon your User Data, message(s) and/or comment(s). The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any message or comment posted by you. The Company reserves the right to use any messages or information posted by you for any purpose, including but not limited to reproduction in its electronic or printed publications and you grant the Company a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any such message or information.
5. Fees.
Access to and use of the Services will require payment of fees in accordance with terms set forth elsewhere in the Services and/or in an agreement between you and Company’s client. All fees are quotable and payable in United States dollars, payment obligations are non-cancelable, and fees paid are non-refundable. Any payment not received by Company by the due date will accrue interest at the greater of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, from the date such payment was due until the date paid. Unless otherwise stated, the fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes. You are responsible for paying all Taxes associated with your purchases hereunder, excluding taxes based on Company’s net income or property.
6. Contacts with Other Websites.
As you use the Services, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. The Company does not endorse, and takes no responsibility for such products, services, websites, and materials.
7. Exchange of Information.
In connection with using the Services, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
8. Disclaimer of Warranties and Limitation of Liability.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.

THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE. ”THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTIES AND REPRESENTATIONS RELATING TO THE SERVICES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, INCLUDING WITHOUT LIMITATION THE PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FROM A COURSE OF DEALING OR USE IN TRADE. THE COMPANY AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE COMPANY. NOR DOES THE COMPANY GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. 

IF YOU BECOME DISSATISFIED WITH THE SERVICES, OR THE TERMS GOVERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED AT THIS RATE WITHOUT SUCH LIMITATION.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, CLIENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED OR WHETHER THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE OR WHETHER SUCH LIABILITY, LOSS OR DAMAGE IS FORESEEABLE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS’, MANAGERS’, MEMBERS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, LICENSORS”, CLIENTS’, SUCCESSORS’ AND/OR ASSIGNS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, CLIENTS, SUCCESSORS AND/OR ASSIGNS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, CLIENTS, SUCCESSORS AND/OR ASSIGNS EXCEED $50.YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

9. Release.
You hereby release and forever discharge the Company and its officers, members, managers, employees, contractors, agents, licensors, successors, and assigns from all liability related to any and all claims, demands, and damages of every kind and nature known or unknown, that you may assert against another user or third party arising out of the Services. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 
10. Indemnification.
You agree to defend, indemnify and hold the Company and its officers, members, managers, employees, agents, contractors, licensors, clients, successors, and assigns (individually or collectively, a “Company Indemnified Party”) harmless against any and all liability, damages, costs, expenses, including reasonable legal fees and expenses, for any third party claim against a Company Indemnified Party (each, a “Claim”) arising out of or related to (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of application laws of regulations, and (d) your User Data, including an allegation that the User Data infringes or otherwise violates a third party’s property, privacy or other right. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, in which event you will fully cooperate with the Company. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Confidentiality.
1. Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including but not limited to the User Data, the Services and any content made available through the Services. The obligations in this Section 11 shall not apply to any information that:(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party and without an obligation of confidentiality; (iii) was independently developed by the Receiving Party without the use of or reference to the Confidential Information of the Disclosing Party; or (iv) is lawfully received from a third party without breach of any obligation owed to the Disclosing Party and without an obligation of confidentiality.
2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission. The Receiving Party will use at least the same level of care to prevent unauthorized use of the Confidential Information as it uses for its own confidential and proprietary information of like kind, but in no event less than a reasonable standard of care. Either party may disclose Confidential Information to its personnel who are subject to confidentiality obligations at least as restrictive as the terms set forth herein. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure, to the extent legally permitted, and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. In the event of breach or threatened breach of this section, the parties acknowledge that monetary damages may be inadequate and that the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts.
3. Return of Confidential Information. Upon termination of this Agreement or upon the request of the Disclosing Party, the Receiving Party agrees to return to Disclosing Party or destroy (at the option of the Disclosing Party), all documents and other materials containing Confidential Information.
12. Termination.
You may terminate this Agreement, with or without cause and at any time, by discontinuing your use of the Services and payment of fees due the Company, if any. The Company may terminate this Agreement for any reason at its sole discretion. Upon termination of this Agreement for any reason, the Company shall have no continuing obligation to you.
13. Force Majeure.
The Company shall not be responsible for any failure to provide the Services or delay in performing any of its obligations under this Agreement where and to the extent that such failure or delay results from an unforeseeable event beyond the Company’s reasonable control, including but not limited to, acts of war; acts of nature; earthquake; flood; embargo; riot; sabotage; labor shortage or dispute; changes in government codes, ordinances, laws, rules, regulations or restrictions; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; utility power failure; or material shortages.
14. Beta Services.
The terms of this paragraph shall apply to you with respect to any beta features, functionality or services (the “Beta Services”) made available to you by the Company for purposes of evaluation and feedback. Beta Services may be used by you at your sole election and shall be identified as beta in the Services. You acknowledge that the Beta Services being evaluated may contain bugs, errors and/or other problems and is provided to you “AS IS, WITH NO WARRANTIES. ”Therefore, the Company disclaims any and all warranty, indemnification, security, data back-up, support and liability obligations to you of any kind with respect to the Beta Services. The Company does not guarantee the availability of the Beta Services. You also hereby acknowledge that the Company has not made any representations or guarantees that the Beta Services will ever be announced or made generally available to anyone in the future and that the Company has no express or implied obligation to you to announce the Beta Services or make it generally available. As part of your use of the Services, including the Beta Services and as reasonably requested by the Company, you agree to give feedback, comments and suggestions (“Feedback”) to the Company about the Services and Beta Services. You hereby assigned all right, title, and interest in and to the Feedback to the Company. With respect to the Beta Services, this paragraph shall supersede any other conflicting terms and conditions agreed to between you and the Company.
15. Dispute Resolution.
PLEASE READ THIS ARBITRATION AGREEMENT (“Arbitration Agreement”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH THE COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services provided under the Agreement. 
1. All claims and disputes which arise out of, or relate in any way, in whole or in party to the use of the Services or this Agreement, or the breach thereof, including without limitation, any tort claim or the dispute resolution provisions contained herein (“Dispute”), the parties agree:
1. first, to try in good faith to settle the Dispute by good faith negotiations;
2. then, if such negotiations are not promptly successful, the parties may demand, as the sole and exclusive means and forum to resolve the Dispute, binding arbitration by a single, neutral arbitrator, such arbitration to be conducted in Phoenix, Arizona, and administered by the AAA. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. Waiver of Class or Consolidated Actions. THE PARTIES AGREE THAT NO DISPUTE SHALL BE ADJUDICATED, IN ARBITRATION OR IN ANY JUDICIAL PROCEEDING, AS A CLASS ACTION, AND THAT NO ARBITRATION CONDUCTED PURSUANT TO THIS AGREEMENT SHALL ALLOW CLASS CLAIMS OR DISPUTES, OR CONSOLIDATION OR JOINDER OF CLAIMS OR DISPUTES OR PARTIES.
3. 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 under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
4. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
5. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement and/or the termination of your relationship with the Company.
6. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
7. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within Maricopa County, Arizona, the United States for such purpose, and consent that this Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona, without regard to the application of conflicts of law principles and this Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona, without regard to the application of conflicts of law principles. 
16. Export.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.
17. Anti-Spam Requirements.
The Company enforces spam laws and telecommunications laws. You agree to comply with (a) the CAN-SPAM Act and all legal requirements applicable to the sending of emails under the CAN-SPAM Act and (b) the Telephone Consumer Protection Act (the “TCPA”) and all legal requirements applicable to telemarketing and related activities. You agree that you are the sole “sender” as per the CAN-SPAM Act of any and all email and text messages sent using the Services. You agree not to access or otherwise use third party mailing lists or otherwise prepare or send unsolicited or unwanted emails or text messages. You agree to only use the Services in strict compliance with the TCPA. You assume full responsibility for ensuring that text messages and emails are only sent to those who are legally eligible to receive them, and that all telemarketing is done in compliance with the TCPA. The Company disclaims any and all responsibility for (i) any unlawful use as defined under the CAN-SPAM Act, (ii) for any violations of the TCPA, or (iii) violations of any and all applicable laws concerning the processing of personal data and the protection of privacy in the electronic communications sector.
18. General Terms.
The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. This Agreement and Privacy Policy constitutes and expresses the entire agreement and understanding between the parties hereto with respect to the subject matter, all discussions, promises, representations, and understandings relative thereto, if any, being herein merged. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, the terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You shall not assign or transfer, or purport to assign or transfer, any of your rights or obligations under this Agreement without the prior written consent of the Company. Except as set forth in this Section, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto. The parties agree that the confidentiality and indemnification provisions, and all such similar terms which, by their substantive intent are intended to survive termination of this agreement, shall survive the termination of this Agreement.

Last Updated: August 23, 2017