1. Introduction of our Terms and Conditions
This website is operated by HBH Digital Media Promotions
(referredto as "Our Company" or “The Company” or “Company” in this Terms ofUse Document) through our website blackmybusiness.com
2. Access to the Website and Restrictions on Your Use
Our Company takes reasonable precautions to try to ensure that anyprices quoted on the Website are correct, and to describe the items availableon the Website as accurately as possible. However, when ordering Products orServices featured on the Website, please note that the Company does not warrantthat product and service descriptions are accurate, complete, reliable,current, or error-free. If a Product or Service described on the Website is notas described when you receive or use it, you should contact our customerservice department at email@example.com or +1.315.567.4629 5. Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms aresubject to change without prior notice. We make every effort to ensure theaccuracy of the information on the Website and if errors are discovered, wecorrect them. Be advised that the Company reserves the right to revoke anystated offer to correct any errors, inaccuracies, or omissions, including afteran order has been submitted, after it has been confirmed, or after your creditcard has been charged. 6. Cancellation and Refund Policy
All sales made after May 20, 2020 are subject to each Product’s orService’s specific cancellation and refund policy, as stated herein:We are not liable for any refund amount due to technical problems onyour computer, including but not limited to - printer malfunction, inability toinstall Adobe Acrobat Reader, and/or problems due to Internet connectivity. 7. Modification or Suspension of the Website
You agree that Our Company, in its sole discretion, may make, and at anytime, modify, discontinue, or suspend its operation of this Website, or anypart thereof, temporarily or permanently, without notice to you, and you agreethat we will not be liable for the consequences of doing so. 8. Content Disclaimer
THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTSASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TOANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES,OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATIONON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE,AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANYDAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THEINFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THEWEBSITE. YOUR USE OF THE WEBSITE IS SUBJECT TO ANY ADDITIONAL DISCLAIMERS ANDCAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICESFEATURED BY US. 9. Disclaimer of Warranties with Respect to Use of Website and Productsand Services
THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLYPROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TODATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THATTHE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BECORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON,OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINEDTHROUGH THE WEBSITE.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OROTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK ANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM ORLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMTHE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADEHEREIN. 10. Limitations of Liability and Damages
YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITSAFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANYCLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OFPRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TOCOMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NOCIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BEAWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMESTATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BYLAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OFCALIFORNIA BUSINESS AND PROFESSIONS CODE SS 6400, et seq., IF APPLICABLE. 11. Compliance with laws
You agree to comply with all applicable national, federal, state andlocal laws, regulations, rules and ordinances regarding your use of theWebsite, including, without limitation, laws regarding import/export oftechnical data by virtue of your online transmission. 12. Indemnity
You agree to defend, indemnify and hold Company, its affiliates,officers, subsidiaries, affiliates, successors, assigns, directors, officers,agents, service providers, attorneys, suppliers and employees, harmless fromany claim or demand, including reasonable attorneys' fees and court costs, madeby any third party due to or arising out of your use of the Website or ourProducts and Services, your violation of the Terms, or your breach of any ofyour acknowledgements, agreements, representations, warranties and obligationsherein. YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESSTO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES ANDTHE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASISUPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS ANDSERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THEINDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OFTHEIR ESSENTIAL PURPOSE. 13. Links to Third Party Sites
The Website may link to other websites that are independent of Company.These links are provided only as a convenience or for educationalpurposes. We make no representation or warranty as to the accuracy,completeness or authenticity of the information contained in, or the productsor services provided or sold by, any such site. You visit any such website atyour own risk. You agree that Company is not responsible for any loss ordamage of any sort you may incur from dealing with such third-party website(s). 14. Ownership of Content
The Company owns and operates this Website. The Company or thirdparties own all right, title and interest in and to the materials provided onthis Website , including but not limited to the “look and feel” of the Website(including its design, layout, color combinations, button shapes and othergraphical elements), information, documents, logos, graphics, sounds, pageheaders, button icons, service marks, trademarks, trade dress, and images(collectively, the "Materials"). Except as otherwise expressly providedby us, you may not copy, republish, reproduce, upload, download, display, post,distribute, or transmit the Materials in any way. Nothing on this Websiteconfers any license, express or implied, of Company’s intellectual propertyrights. Any rights not expressly granted to you by these Terms arereserved by us. All Website design, text, graphics, and the selection and arrangementthereof, are owned by Company. Copyright © 2020, HBH Digital Media PromotionsPty Ltd. ALL RIGHTS RESERVED and Copyright © 2020, Black My Business. ALLRIGHTS RESERVED. 15. Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaintsand take any appropriate action that we deem appropriate. While we are notobligated to take any action, such action may include, but is not limited to,issuing warnings or suspension or termination of your rights to use ourWebsite. You agree that Company shall not be liable to you or any thirdparty for any termination of your access to the Website, and you agree not toattempt to use the Website after said termination. We also reserve theright to report any activity that we suspect violates any law or regulation toappropriate law enforcement officials or other third parties.In order to protect our rights, property, personal safety, and thoserights, property and the personal safety of our users and viewers, and toensure the integrity and operation of our business and systems, we may chooseto cooperate with any law enforcement request for information or documents, anyadministrative, civil or criminal subpoena, or any court order, and we maydisclose your information (including, without limitation, user profileinformation (i.e. name, e-mail address, etc.), IP addressing traffic information,and usage history regarding a user in connection with such circumstances. You are solely responsible for the content that you submit on or throughthe Website, and any content or information that you transmit to other users orthird-party advertisers on the Website. 16. Governing Law
The Terms and the relationship between you and Company shall be governedby the laws of Australia, the State of California and the Laws of UnitedKingdom without regard to any conflicts of laws principles. 17. Dispute Resolution by Binding Arbitration PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Summary:
Most or your concerns can be resolved quickly to your satisfaction bycontacting our Customer Service Center via firstname.lastname@example.org or+1.315.567.4629. In the unlikely event that Customer Service cannotresolve your complaint to your satisfaction, or if we have not been able toresolve a dispute with you after trying to do so informally, we each agree toresolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutralarbitrator instead of a judge or jury, allows less discovery than courts, andis subject to very limited court review. The Australian DisputesCentre https://acica.org.au/australian-disputes-centre/
will serve as the arbitration provider. We agree that anyarbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are notpermitted. As explained below, if you prevail in arbitration, Our Companymay pay you more than the amount of the arbitrator's award and will pay youractual, reasonable attorney's fees if you are awarded an amount greater thanwhat Company offered you to settle the dispute before arbitration. You may speak with your own lawyer or solicitor before using thisWebsite or purchasing any product or service, but your use of this Website andthe purchase of any product or service constitutes your agreement to theseTerms. Arbitration Agreement:
a. Company and you agree to arbitrate all disputes and claims between usbefore a single arbitrator. The kinds of disputes and claims we agree toarbitrate are intended to be broadly interpreted, including but not limited to:1). claims arising out of or relating to any aspect of the relationshipbetween us, whether based in contract, tort, statute, fraud, misrepresentation,advertising, or any other legal theory;2). claims that arose before these or any prior Terms became effective;3). claims that are currently the subject of purported class actionlitigation in which you are not a member of a certified class; and4). claims that may arise after the termination of these Terms.For the purposes of this Arbitration Agreement, references to"Company," "you," and "us" include our respectivesubsidiaries, affiliates, agents, employees, predecessors in interest,successors, and assigns, as well as all authorized or unauthorized users orbeneficiaries of Website and our products and services under these Termsor any prior agreements between us. This arbitration agreement does not preclude your bringing issues to theattention of national, federal, state, or local agencies. Such agenciescan, if the law allows, seek relief against us on your behalf. You agreethat, by entering into these Terms, you and Company are each WAIVING THE RIGHTTO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE ORCLASS ACTION OR ARBITRATION.You acknowledge that use of this Website and/or purchase of products orservices constitutes a transaction in interstate or internationalcommerce. The International Arbitration Act, Federal Arbitration Act orCommercial Arbitration Acts may govern the interpretation and enforcement ofthis Arbitration Agreement. This Arbitration Agreement survives termination ofthese Terms. b. A party seeking arbitration under these Terms must first send, bycertified mail, a written Notice of Dispute ("Notice") to the otherparty. A Notice to Company should be addressed to: [addressee and address,Attn: Notice of Dispute (the "Notice Address"). Company maysend a written Notice to the electronic mail address that you provided when youcreated an account, if any. The Notice must (a) describe the nature andbasis of the claim or dispute and (b) set forth the specific relief sought("Demand"). If Company and you do not reach an agreement to resolvethe claim within 30 days after the Notice is received, you or Company maycommence an arbitration proceeding. During the arbitration, the amount of anysettlement offer made by Company or you shall not be disclosed to thearbitrator until after the arbitrator determines the amount, if any, to whichyou or we is entitled. You may download or copy a form to initiate arbitration from theAmerican Arbitration Association (“AAA”) website at:http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.There is a separate form for California residents, also available on theAAA's website at:http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.You will also find resources to aid in the conduct of arbitration whichare provided at:https://acica.org.au/resources/ c. After Company receives notice at the Notice Address that you havecommenced arbitration, it will promptly reimburse you for your payment of thefiling fee, unless your total claim is for more than $75,000. If yourtotal claim exceeds $75,000, the payment of all arbitration fees will be governedby the AAA rules. The filing fee for consumer-initiated arbitrations iscurrently $200, but this is subject to change by AAA, the arbitration provider.If you are unable to pay this fee and your total claim is for $75,000 or less,Company will pay the filing fee directly after receiving a written request atthe Notice Address. Except as otherwise provided herein, Company will payall AAA filing, administration, and arbitrator fees for any arbitrationinitiated in accordance with these Terms. If, however, the arbitrator findsthat either the substance of your claim or the relief sought in the Demand isfrivolous or brought for an improper purpose (as measured by the standards inFederal Rule of Civil Procedure 11(b)), then the payment of all such fees willbe governed by the AAA Rules. In such case, you agree to reimburse theAIC for all monies previously disbursed by it that are otherwise yourobligation to pay under the AAA Rules. d. All arbitration proceedings will be governed by the CommercialDispute Resolution Procedures and the Supplementary Procedures for ConsumerRelated Disputes of the AAA (collectively, the "AAA Rules"), asmodified by these Terms, and will be administered by the AAA. The AAA Rules areavailable online at www.adr.org or by calling the AAA at 1-800-778-7879. Thearbitrator is bound by these Terms. All issues are for the arbitrator todecide, except that issues relating to the scope, enforceability, andinterpretation of the arbitration provision and the scope, enforceability, andinterpretation of paragraph (f) are for the court to decide. e. Unless Company and you agree otherwise, any arbitration hearings willtake place in the county or parish of the contact address you submitted tous. If your total claim is for $10,000 or less, you may choose whetherthe arbitration will be conducted solely on the basis of documents submitted tothe arbitrator, by a telephone hearing, or by an in-person hearinggoverned by the AAA Rules. If you choose to proceed either by telephone or in person,we may choose to respond only by written or telephonic response. If yourclaim exceeds $10,000, the AAA Rules will determine whether you have a right toa telephone or in-person hearing. The parties agree that in any arbitrationunder these Terms, neither party will rely on any award or finding of fact orconclusion of law made in any other arbitration to which Company was a party.In all cases, the arbitrator shall issue a reasoned, written decisionsufficient to explain the findings of fact and conclusions of law on which theaward is based. f. If the arbitrator finds in your favor in any respect on the merits ofyour claim, and the arbitrator issues you an award that is greater than thevalue of our last written settlement offer made before an arbitrator wasselected, then Company will pay you either the amount of the award or $2,000("the Alternative Payment), whichever is greater, plus the actual amountof reasonable attorney's fees and expenses that you incurred in investigating,preparing, and pursuing your claim in arbitration (the "Attorney'sPayment"). If we did not make you a written offer to settle thedispute before an arbitrator was selected, you will be entitled to receive theAlternative Payment and the Attorney's Payment, respectively, if the arbitratorawards you any relief on the merits. The arbitrator may make rulings andresolve disputes as to the payment and reimbursement of fees, expenses, and theAlternative Payment and the Attorney's Payment at any time during the proceedingand upon request from either party made within 14 days of the arbitrator'sruling on the merits. In assessing whether an award that includes attorney’sfees or expenses is greater than the value of Company’s last written settlementoffer, the arbitrator shall consider only the actual attorney’s fees orexpenses reasonably incurred before Company’s settlement offer. g. The right to attorney's fees and expenses discussed in paragraph (f)supplements any right to attorney's fees and expenses you may have underapplicable law. If you would be entitled to a larger amount underapplicable law, this provision does not preclude the arbitrator from awardingyou that amount. However, you may not recover duplicative awards of attorney'sfees or costs. Although under some laws Company may have a right to an award ofattorney's fees and expenses from you if it prevails in an arbitration, we willnot seek such an award. h. The arbitrator may award monetary and injunctive relief only in favorof the individual party seeking relief and only to the extent necessary toprovide relief warranted by that party's individual claim. YOU AND COMPANYAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITSINDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTEDREPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF APRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise,the arbitrator may not consolidate more than one person's claims, and may not otherwisepreside over any form of a representative, group or class proceeding. Thearbitrator may award any relief that a court could award thatis individualized to the claimant and would not affect othercustomers. Neither you nor we may seek non-individualized relief thatwould affect other customers. If a court decides that applicable lawprecludes enforcement of any of this paragraph's limitations as to a particularclaim for relief, then that claim (and only that claim) must be severed fromthe arbitration and may be brought in court. All other claims remainsubject to this Arbitration Agreement. i. If the total amount in dispute exceeds $75,000 or either party seeksany form of injunctive relief, either party may appeal the award to a three-arbitratorpanel administered by AAA by a written notice of appeal within thirty (30) daysfrom the date of entry of the written arbitration award. An award of injunctiverelief shall be stayed during any such appeal. The members of thethree-arbitrator panel will be selected according to AAA rules. Thethree-arbitrator panel will issue its decision within one hundred and twenty(120) days of the date of the appealing party's notice of appeal. The decisionof the three-arbitrator panel shall be final and binding, subject to any rightof judicial review that exists under the FAA. j. Notwithstanding any provision in these Terms to the contrary, weagree that if we make any material change to this arbitration provision (otherthan a change to any notice address, website link or telephone number), thatchange will not apply to any dispute of which we had written notice on theeffective date of the change. Moreover, if we seek to terminate thisarbitration provision, any such termination will not be effective until atleast thirty (30) days after written notice of such termination is provided toyou, and shall not be effective as to disputes which arose prior to the date oftermination. 18. Complaint and takedown notice procedures for intellectual propertyowners
Our Company will quickly respond to any and all notices of allegedcopyright infringement reported to us, our responsibility is to act inaccordance with the Copyright Regulations Act 1969.https://www.legislation.gov.au/Details/F2016C00343 If you believe that any of the content featured on our website hasinfringed on your copyright, please notify our webmaster and send them thefollowing list of relevant information, as specified in the CopyrightRegulations Act 1969. An electronic signature or physically made signature of the individualauthorized to act in the interests of copyright owner who claims the work thatthey allege has been infringed.
Identify the copyrighted work that has allegedly been infringed, or, ifmultiple of your works have been infringed then include a detailed list of whatand where these infringements are.
Outlining of the specific material that is alleged to have been copied orcontains infringing activity that is to be removed or have its access disabled.You must also include information that is accurate enough to permit ourwebmaster to locate the material that is being infringed upon.
Provide information that is reasonably accurate to allow the webmaster tocontact you or the aggrieved party, such as a phone number, email address, homeaddress etc. Please also provide: · A statement in good faith that you orthe aggrieved party has a genuine belief that the use of the works in theinfringing manner outlined does not have the authorization of the copyrightowner, or the law.· A statement confirming that theinformation in the takedown notice is honest, and under risk of perjury, thatthe issuing party has the authorisation to act on behalf of the copyright owneron cases of work that have been allegedly infringed on. 19. Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Materialor content on this Website infringes your copyright, you may submit anotification under the Digital Millennium Copyright Act ("DMCA") byproviding the following information in writing (see 17 U.S.C 512(c)(3) forfurther detail): a. A physical or electronic signature of a person authorized to act onbehalf of the owner of an exclusive right that is allegedly infringed. b. Identification of the copyrighted work claimed to have beeninfringed, or, if multiple copyrighted works at a single online site arecovered by a single notification, a representative list of such works at thatsite. c. Identification of the material that is claimed to be infringing or tobe the subject of infringing activity and that is to be removed or access towhich is to be disabled and information reasonably sufficient to permit theservice provider to locate the material. d. Information reasonably sufficient to permit the service provider tocontact you, such as an address, telephone number, and, if available, anelectronic mail. e. A statement that you have a good faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent, or the law; and f. A statement that the information in the notification is accurate, andunder penalty of perjury, that you are authorized to act on behalf of the ownerof an exclusive right that is allegedly infringed. 20. Who to contact with notifications of claimed infringement
Our designated contact to receive notifications of claimed infringementis Damon Tindall – HBH Digital Media Promotions Pty Ltd. Address - 16 Nexus WaySouthport, Queensland AUSTRALIA 4215, Attn: DMCA Notice. Only DMCAnotices or perceived Violations of the Copyright Regulations Act 1969should go to the agent; any other communications should be directed to ourcustomer service department via our email@example.com or +1.315.567.4629 In order to contact Company regarding a complaint about the Website orMaterials, please Contact Us at the above location details. 21. Severability of Agreement
If any provision of the Agreement is found by a court or other bindingauthority to be invalid, you agree that every attempt shall be made to giveeffect to the parties' intentions as reflected in that provision, and theremaining provisions contained in this Agreement shall continue in full forceand effect. 22. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labelled"SUBMIT", "DOWNLOAD", "I ACCEPT" or such similarlinks as may be designated by the Company to accept the terms and conditions ofthese Terms, you are submitting a legally binding electronic signature and areentering into a legally binding contract. You acknowledge that your electronic submissions constitute youragreement and intent to be bound by this Agreement. Pursuant to any applicablestatutes, regulations, rules, ordinances or other laws, including withoutlimitation the Australian Electronic Signatures and relevant Global andNational regulations. 23. Technical Support
If you encounter a technical problem printing or accessing yourcompleted application, or some other problem, our customer servicerepresentatives may be able to help. If you ask a customer service representative to remotely control yourcomputer in order to try to resolve your problem, you acknowledge and acceptthat Company is not liable for any technical problems that may persist or arisewith your computer after doing so. 24. Miscellaneous
These Terms constitute the entire agreement between you andCompany. They govern your use of the Website and Materials and supersedeany prior agreements between you and us. Our Company’s failure to exercise orenforce any right or provision of the Terms shall not constitute a waiver ofsuch right or provision. The Terms do not limit any rights that Company mayhave under trade secret, copyright, patent or other laws. Our Company’semployees are not authorized to modify the Terms, or to make any additionalrepresentations, commitments, or warranties binding on Company, except inwriting signed by an authorized Company officer. If any provision of theseTerms is found to be invalid, you agree that the other provisions of the Termsremain in full force and effect. You warrant, represent and agree that, by using the Website and/or theProducts or Services, you (i) have carefully read and considered these Termsand fully understand its contents, (ii) are consenting to these Terms of yourown free will, based upon your own judgment and without any coercion or fear ofretaliation, and (iii) you have had a chance to consult independent legalcounsel with respect to these Terms. In the event that you breach these Terms, Company will, in addition toall other available remedies, be entitled to the equitable remedies of atemporary restraining order, preliminary and/or permanent injunction. Notice for California Users
Under California Civil Code Section 1789.3, California users of theWebsite are entitled to the following specific consumer rights notice: TheComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs may be contacted in writing at 1625North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or(800) 952-5210.