Terms of Services Agreement

Last Updated: July 17, 2024

THIS TERMS OF SERVICES AGREEMENT (THE “TOS”), AND THE DATA TRUST OWNER AGREEMENT, IF APPLICABLE, (BOTH, THE “AGREEMENTS”) GOVERNS YOUR USE OF THE ONLINE WEBSITE AND OUR DIGITAL MEMORIALIZATION PLATFORM (COLLECTIVELY, THE “SERVICES”) OWNED AND OPERATED BY CUMULUS LABS, INC. (the “COMPANY,” “WE,” “US,” OR “OUR”). PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TOS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. THESE TOS TAKE EFFECT WHEN YOU ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TOS MAY BE UPDATED FROM TIME TO TIME.

The terms “you” and “your” refer to the person agreeing to these TOS and who has access to the Services, whether that person is an Owner (defined below), admin, contributor, authorized user or such other term as may be assigned by us to users who have access to our Services.

Please read these TOS carefully before using the Services.

1. GENERAL AGREEMENT. By accessing or using the Services in any way, you agree to these TOS. You further agree that the Company shall have the right to alter or amend these TOS at any time, with or without advance notice to you. If the Company does alter or amend these TOS, the Company will post the revised TOS on this page and notify you by updating the effective date at the top of this page. Any new TOS are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new TOS. Please note that Section 19 includes important limitations on the applicability of these TOS, including limitations on Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17(b)(vi), and 18.
2. DESCRIPTION OF SERVICES. The Services include storage of personal information through an application for purposes of memorialization services, communication tools, music, and other information about offerings related to memorial services.
3. CUSTOMER AND DATA TRUST MEMBERS. In order to access or use the Services, you have to register for an online account with a user ID and/or password (“Account”). By registering for an account, you (the “owner”) and your authorized users agree to these TOS, unless the parties have signed a separate agreement that supersedes. Account information must be accurate, current, and complete, and any use of the account information will be subject to our Privacy Policy. You agree to keep your login and contact information up-to-date so that we may send notices, statements, and other information by email or through the Service. You must ensure that any passwords, and other access credentials (such as two factor authenticators) for the Services are kept strictly confidential and not shared with any unauthorized person. You will be responsible for any and all actions taken by your authorized users and/ or Data Trust Members for your accounts, passwords or access credentials. You may request a new account for any Data Trust Member. A “Data Trust Member” is defined in the Data Trust Owner Agreement as an individual person (e.g. family member, friend or representative) who is registered and permitted by you to use the Services in your account. We may designate each individual Data Trust Member as an “admin” or a “contributor” or “owner:” or other term in order to distinguish rights and permissions applicable to such Data Trust Member in the Services.
4. SECURITY. You agree to protect the confidentiality and security of your Account and not share or disclose your user ID or password to any third party. You agree that you are fully responsible for any and all access and use of your Account. Please notify us immediately of any unauthorized access or use of your Account (including any and all information therein) or any other known or suspected breach of security, including loss or theft of your user ID, password, or any other information stored in your Account. To the fullest extent permitted by applicable law, we will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with this Section 4 or these TOS.
5. USE. The Services are intended for personal use only. You agree not to use the Services for any commercial purposes. You further agree that you will not and your authorized users will not:
   • access or use the Services (or any portion thereof) in violation of these TOS, the Ethics Principles set forth in the Data Trust Owner Agreement or applicable laws;
   • attempt to modify, alter, recreate, or otherwise use the Services for any purpose other than as specifically permitted in these TOS;
   • access data or an Account which you are not authorized to access;
   • attempt to probe, scan, or assess the vulnerability of the Services;
   • breach any security, technological, or authentication measures on the Services;
   • use any device, software, or routine to attempt to interfere with the Services;
   • attempt to interfere with or disrupt the Services or servers or networks connected to the Services;
   • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Services for any purpose;
   • collect or store personal information about other users of the Services without their consent;
   • use any part or feature of the Services for any purpose that is unlawful, tortious, libelous, defamatory, obscene, threatening, or intrusive on another person’s privacy;
   • use the Services to harm or harass any person or entity;
   • take any action that imposes, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; or
   • use the Services for any reason for which the Services are not intended.
   The Company reserves the right, in its sole discretion and without limiting its other remedies, to restrict, suspend, or terminate your Account and/or access or use of the Services at any time with or without cause, including if the Company believes that you may be in breach of these TOS or applicable laws or are misusing the Services.
6. USER CONTENT AND DATA TRUST MEMBER AGREEMENT. You are responsible for all data, text, photographs, graphics, videos, messages, audios, metadata or other materials (“User Content”) that you intend for access or release, post, transmit, or otherwise make available to the Services for any purpose whatsoever, such as, but not limited to, obituaries and memorialization (including on the Company’s social media pages). The Company does not pre-screen User Content, but we shall have the right in our sole discretion to reject or remove any User Content that is submitted through the Services. The Company also reserves the right, in its sole discretion and without limiting its other remedies, to limit your access and use of the Services, including, but not limited to, the number of your authorized users, Data Trust Members, if applicable, and the User Content that you may post, or any other content and data that you may access on or through the Services. You agree to evaluate and bear all risks associated with User Content. To the fullest extent permitted by applicable law, you agree that the Company is not liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of User Content delivered to or posted on the Services. You further agree to comply with all applicable laws of the country, state, province, and/or locality in which you reside regarding online conduct, acceptable User Content, and the transmission of technical data on the Services. The Company does not control User Content delivered to the Services and does not guarantee or make any representations regarding the accuracy, integrity, quality, timeliness, deletion, mis-delivery, or failure to store any User Content.You further agree that you will not deliver User Content that:
   • contains profanity, personal attacks, defamatory remarks, discriminatory remarks, or hate speech;
   • includes topics related to sex, drugs, violence, or illegal activities;
   • includes false or unpublished claims about how someone died, the health of a deceased person, or otherwise reveals distressing personal details about a deceased person or anyone;
   • is or may be deemed abusive, defamatory, deceptive, misleading, hateful, obscene, prejudiced, threatening, vulgar, or otherwise objectionable;
   • contains software viruses or other code, files, or programs designed to damage or disrupt any software, hardware, or telecommunications equipment;
   • contains copyrighted content without the express written permission of the owner of the copyrighted content, or infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right;
   • is likely to cause confusion of the Company’s brands among consumers, dilute the strength of the Company’s or its licensors’ property, or otherwise infringe the Company’s or its licensors’ intellectual property rights;
   • harms or is inappropriate for minors to view; or
   • is prohibited by any law, regulation, or other obligation.
   If you are a Data Trust Member, you acknowledge and agree that User Data is confidential data of the Owner and you will not disclose any User Data without the Owner’s permission. You also acknowledge and agree that you are not guaranteed access to User Content at any time. Furthermore, the Company may disclose User Content if: (a) the Company determines that disclosure is necessary to enforce the Agreements, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of the Company, its users, and the public; or (b) the Company’s legal counsel determines that appropriate legal process requires disclosure. Data Trust Members agree to abide by our ethical principles, which are provided at https://app.cumulus.world/terms-and-conditions.We do not claim ownership of User Content. You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce, and create derivative works from all User Content that you provide (including your name and any other information in connection with User Content) in any form, media, software, or technology of any kind now existing or developed in the future for the purposes of delivering the Services to you and to Data Trust Members. Without limiting the generality of the foregoing, you authorize the Company to include User Content in a searchable format that may be accessed by you, your authorized users, Data Trust Members, or any other user of the Services on your account and third party applications that are required to make the Services operate, provided, however, that the Company shall have no liability for User Content that you made public and visible on the Services, third party websites, or search engines, including after deletion of such User Content by you or the Company. The foregoing license includes the Company’s right to use User Content for training, re-training, fine-tuning or testing AI models and/ or systems that are used to provide the Services; provided that such use will not alter our confidentiality obligations to you. You also grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use any facts, ideas, concepts, know-how, or techniques resulting from any User Content for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting, or marketing products and services by or for the Company, so long as such facts, ideas, concepts, know-how or technique is general in nature and does not identify you. You grant all rights described in this Section 6 in consideration of your access and use of the Services.
7. COPYRIGHT INFRINGEMENT. Images, text, or other information posted or found on the Services are solely for the use of users who agree to abide by these TOS and our privacy policy, and may not be accessed, used, reproduced, or published for any purpose, commercial or otherwise, without the express written permission of the Company and the owner(s) of the images, text, or other information. If you believe that anything on the Services infringes your copyrighted work, please provide the Company with written notice of such infringement. Such notice must include the following to be in compliance with the U.S. Digital Millennium Copyright Act (“DMCA”): (a) the physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) information reasonably sufficient to permit us to locate the copyrighted work; (d) your contact information, including, your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the written notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
   
   Send the written notice to the Company’s designated agent for notice of alleged copyright infringement at:
   
   By Email: info@cumulus.world
   
   By Mail: 220 5th Ave 17th floor, New York, NY 10001, United States
   
   The Company reserves the right to remove or restrict access to any User Content alleged to be infringing or terminate your Account if you are determined to be a repeat infringer. The Company may do so in its sole discretion, without prior notice, and without any obligation or liability to you.
8. CHANGES TO THE SERVICES. The Company reserves the right to, at any time, modify, suspend, or discontinue the Services (or any portion thereof), temporarily or permanently, with or without notice, subject to the provisions of the Data Trust Owner Agreement, if applicable. In addition, the Company’s ability to provide the Services is contingent upon many factors that may be out of the Company’s control, including, but not limited to, the continued availability of the internet or other technologies. To the fullest extent permitted by applicable law, you agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any portion thereof) for any reason at any time.
9. TERMINATION; REMOVAL OF USER DATA. These TOS will remain in effect until terminated by you or your successors, unless otherwise modified by mutual agreement. Termination of involvement in the Agreements by any party shall not affect the involvement of any other party in any related agreement. If you terminate these TOS, you may instruct us to delete your data and, if you are an Owner, you will notify your Data Trust Members that the account has been terminated. You shall transmit, have access to, and have the ability to request removal at any time, any or all User Data. Removal of User Data will occur within thirty days of receipt of removal request.
   If you are a Data Trust Member, you agree that we may revoke your permission to access the Services at any time, including upon request of the account Owner. If you are the Owner, you shall have the ability to grant, change, or revoke access and use of the Data Trust by a Data Trust Member at any time.
10. PAYMENTS AND TAXES. By subscribing to our Services, you agree to pay the fees as outlined on our Pricing Page at the time of your subscription. Payment must be made via the payment methods we accept as listed on our Pricing Page. You authorize us to charge your chosen payment method for the applicable fees and any applicable taxes. We may change the fees for our Services at any time, but any such changes will only apply to new subscriptions or renewals of existing subscriptions. Existing subscribers will be notified of any changes to their fees in advance and will have the option to cancel their subscription if they do not agree to the new fees. If your payment method is declined or if you fail to make a payment on time, we will notify you and provide a grace period of 15 days to rectify the payment issue. If payment is not received within the grace period, a late fee of 1.5% of the outstanding amount will be applied to your account. Continued failure to make payment after the grace period may result in suspension or termination of your subscription, at our sole discretion. Upon termination for non-payment, you will no longer have access to the Services, and any outstanding amounts will remain due. Fees are non-refundable, except as required by law or as otherwise stated in our Refund Policy. Our fees are exclusive of all taxes, and you must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of the Company. You will not deduct any applicable taxes from the payments to us, except as required by law.
11. THIRD PARTY LINKS. The Services may include links to third party websites or resources. You acknowledge and agree that the Company has no control over such third-party websites and resources and is not responsible for the availability or content of such third party websites or resources. To the fullest extent permitted by applicable law, you further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any third-party website or resource.
    You acknowledge that we integrate with Spotify to allow you to enjoy music while using the Services. You may find Spotify’s terms at www.spotify.com and they require you to agree that you will:
    1. not make any warranties or representations on behalf of Spotify and expressly disclaim all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
    2. not modify or create derivative works based on the Spotify Platform, Spotify Service or Spotify Content;
    3. not decompile, reverse-engineer, disassemble, and otherwise reduce the Spotify Platform, Spotify Service, and Spotify Content to source code or other human-perceivable form, to the full extent allowed by law;
    4. acknowledge that Spotify is a third party beneficiary of this TOS.
12. DISCLAIMER. To the fullest extent permitted by applicable law, you expressly understand and agree that your use of the Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, and non-infringement. The Company makes no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or free of errors; (c) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (d) any errors on the Services will be corrected. You understand and agree that the Company is not liable for the timeliness, deletion, mis-delivery, or failure to store any User Content. You also expressly understand and agree that: (i) any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material; and (ii) no advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in these TOS.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES UNDER ANY CIRCUMSTANCES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, as set forth in Section 19 below, some of the above limitations of Sections 11 and 12 may not apply to you.
15. INJUNCTIVE RELIEF. You acknowledge and agree that compliance with the Agreements (and all prohibitions contained herein and therein) is essential to the Company’s relationships with its customers as well as the Company’s reputation, standing, and goodwill in the funeral and memorial industry. In light of these considerations, you acknowledge and agree that, in the event that you violate the Agreements in any manner whatsoever: (a) the Company will suffer imminent and irreparable harm whereby monetary damages may be difficult if not impossible to ascertain; and (b) any court of competent jurisdiction may immediately enjoin any breach of these TOS and the Data Trust Owner Agreement, if applicable, upon the Company’s request.
16. TRADEMARK INFORMATION. Any Company logos and product and service names are trademarks owned or licensed by the Company. You agree not to display or use any trademarks that appear on the Services without our prior written permission.
17. INDEMNITY. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Company and its officers, agents, partners, and employees harmless from any claim, demand, or loss made by any third party due to or arising out of your access or use of the Services in any way, including, but not limited to: (a) User Content; (b) your connection to the Services; (c) your violation of these TOS or the Data Trust Owner Agreement, if applicable; (d) authorized users or Data Trust Members; or (e) your violation of the rights of any other person or entity.
18. DISPUTE RESOLUTION: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER
    Important: This Section 18 limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative ACTION, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.
    1. In the unlikely event that a disagreement arises between you and the Company regarding the Services, prior to initiating any arbitration or lawsuit, you must first contact the Company directly so that we may work in good faith to find a mutually agreeable solution. The Company is always interested in resolving disputes amicably and efficiently. If you have an inquiry concerning the online memorials, you can contact info@cumulus.world. If such efforts prove unsuccessful and you intend to seek arbitration, you must first send by certified mail a written notice of dispute to Cumulus Labs, Inc. at the address set forth above in Section 7. The notice of dispute must describe the nature and basis of the claim or dispute and set forth the specific relief sought.
    2. If the issue cannot be resolved between you and the Company within sixty (60) days of the written notice of dispute, you and the Company agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services, these TOS, the Data Trust Owner Agreement, if applicable, (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. You agree that the term “Dispute” in the Agreements will have the broadest meaning possible. The Agreements also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Company, or third party if the Company could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and the Company agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived. This Section 17 shall survive termination of these TOS or the Data Trust Owner Agreement, if applicable.
    3. CLASS AND COLLECTIVE ACTION WAIVER: You and the Company explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of the Company. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these TOS (or the Data Trust Owner Agreement, if applicable), any challenge to the validity of this Section 17(b) must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Section 17(b) is held to be unconscionable or unenforceable, then the entirety of this Section 17 shall not apply and the Dispute must be brought exclusively in a state or federal court in New York, NY. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.
       1. Arbitration Procedure: As stated above, we require you to first contact us directly to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of the Company consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and the Company will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require the Company to pay a greater portion or all of such fees and costs in order for this Section 17(b)(i) to be enforceable, then the Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these TOS (or the Data Trust Owner Agreement, as applicable); (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these TOS or an applicable Data Trust Owner Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
       2. You are responsible for paying your portion of the fees set forth in the JAMS fee schedule. The Company will pay all remaining JAMS fees. If you believe you cannot afford the JAMS fee, you may apply to JAMS for a fee waiver.
       3. WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of these TOS concerning arbitration shall be governed by the Federal Arbitration Act.
       4. Certain portions of this Section 17 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and the Company agree that we intend that this Section 17 satisfies the “writing” requirement of the Federal Arbitration Act.
       5. In the event that JAMS is unavailable or unwilling to hear the Dispute, you and the Company shall agree to, or a court shall select, another arbitration provider.
       6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST THE COMPANY, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
19. GOVERNING LAW AND JURISDICTION. These TOS and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Subject to Section 17, you hereby consent and submit to personal jurisdiction in the state and federal courts located in New York County, NY
20. CONSUMER PROTECTION NOTICE. Please note that, if you are a consumer, the limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Nothing in this Section 19 shall modify Section 17(b)(except Section 17(b)(vi)).
    If you are a New Jersey consumer, the terms of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17(b)(vi), and 18 do not limit or waive your rights under New Jersey law. The limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.
    If you are a California consumer, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding the access or use of the Services.
    If you are a Quebec consumer, the terms of Sections 16 and 17 do not limit or waive your rights under Quebec law. The limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of the Province of Quebec. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the Province of Quebec and under the laws of your province of residence.
21. GENERAL INFORMATION. The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.