Terms & Conditions

LAST UPDATED: December 12, 2024

Welcome to Lead-Lag Media! This Terms of Service (“Terms”) constitutes a valid and binding agreement between Lead Lag Publishing, LLC, DBA Lead-Lag Media (“Company,” “we,” or “us”) and you (“you,” or “your”). These Terms explain the terms and conditions by which you may use our website, application, online and/or mobile services (collectively the “Services”).

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with these Terms. You will adhere to all laws, rules, and regulations applicable to your use of the Services.

You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. In certain instances, Company may require you to provide proof of identity to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. These Terms apply to all visitors, users, and others who access the Services (“Users”).

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of the Services or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Description of the Service

The Company provides a platform that specializes in connecting mutual fund and ETF issuers to the right audience for asset growth, all while offering financial advisors high-value services at no cost. By blending strategic insights with access to a large, engaged advisor network, we facilitate growth for both issuers and advisors through our unique ad-supported model.

2. Use of Our Services

These Terms govern your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of these Terms, which thereby becomes a binding contract between you and Company, and you agree to be bound by all terms and conditions herein. Company’s acceptance is expressly conditioned upon your assent to all the terms and conditions of these Terms, to the exclusion of all other terms.
License.
The Services and all materials therein or transferred thereby, including, without limitation, information, data, software, images, text, graphics, images, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (“Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. Company reserves all rights not expressly granted herein in the Services and the Company Content. Company may terminate this license at any time for any reason or no reason.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services, and/or Company Content must be retained on all copies thereof. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by these Terms. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms
Service Rules i. You acknowledge and agree that the Services are licensed solely for your own personal use and you may not use the Services for any other purposes, nor grant access to any third party for any purpose whatsoever, without the prior written consent of Company. ii. You further acknowledge and agree that you shall not (a) impersonate or represent another person nor provide incorrect information about yourself; (b) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, and/or Company Content, whether in whole or in part; (c) modify, make derivative works of, disassemble, reverse compile, reverse engineer, or otherwise attempt to discover the source code to the software used in the Services, or exploit any part of the Services and/or Company Content; (d) access the Services and/or Company Content in order to build a similar or competitive website or service; (e) copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services, and/or Company Content in any form or by any means; (f) probe, scan, or test the vulnerability of the Services, or underlying systems or network, or breach any security or authentication measures or policies without proper authorization; (g) access the Services with any data extraction, mining, scraping or other data gathering tools, or otherwise copy, collect or scrape any Company Content without written consent; (h) violate any applicable law, rule, or regulation; (i) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any Company Content, or features that enforce limitations on use of the Services; (j) use the Services in any manner that could disable, overburden, damage, impair or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Company, may harm or offend Company or other Users of the Service or expose them to liability; (k) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; and (l) violate any policies, procedures, requirements associated with the Services that Company discloses to you.
You acknowledge that Company may from time-to-time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services. You consent to such automatic upgrading, and agree that the terms and conditions of these Terms will apply to all such upgrades.
Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
The Company Content may contain typographical errors or other errors, inaccuracies or deficiencies, and may not be complete, accurate or up to date. We reserve the right to correct any error, deficiency, omission or inaccuracy in any Company Content at any time, but we do not guarantee that any such errors, deficiencies, omissions or inaccuracies will be corrected.
By your use of the Services, you agree and acknowledge that:
i. The Services and Company Content are provided for general information and entertainment purposes only. Company is not providing financial, investment, or any other form of advice, is not an investment adviser broker or tax advisor, and is not in the business of trading. ii. Any Company Content provided through the Service should NOT be considered a recommendation. Company does not make any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable or advisable for you or for any specific person, or that an investment in such securities will be profitable. iii. Nothing in the Service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Company or any third party. You may not rely on anything in the Services or Company Content to make any financial or investment decisions. iv. Company does not warrant any results from your use or reliance on any information contained within the Services. v. Company is not obligated to update any information or opinions contained in any of the Company Content on the Services, including that which is subject to change based on varying market conditions or economic circumstances. Company may provide content linked to or from third party websites. The opinions and related content of such third-party websites do not necessarily reflect the opinions of Company. vi. The information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

3. Proprietary Rights

The Services and the Company Content, and all intellectual property rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Services or any Content therein. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited.

4. Fees

Free Services. Company offers certain of its Services for free (“Free Services”). You may be required to enter your billing information in order to sign up for Free Services. At any time, Company reserves the right to modify or cancel such Free Services
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

5. Privacy

We care about the privacy of our clients. Company’s privacy practices are governed by Company’s privacy policy, the most updated copy of which can be found at “Privacy Policy”. The Privacy Policy does not cover the information practices exercised by any third parties that Company does not own or control.

6. Security

Company cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services from unauthorized access, use, modification, deletion and/or disclosure by our personnel. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

8. Representations and Warranties

You represent and warrant that: (i) You have the power, right and authority to enter into these Terms, and are capable of forming a binding contract, and (ii) you will use the Services for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies.
You further represent and warrant that you will not share your any of the information contained within the Company Services with any third party whatsoever without the explicit written permission of Company. For the purpose of clarity, this includes providing access to, as well as copying and sharing Company Content, with any other individual, business, marketing or survey company. You agree that you alone will be responsible for paying Company and other related parties, any damages, losses, penalties and costs whatsoever related to a breach by you of this section.

9. Indemnity

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any applicable law, rule or regulation; or (iv) any other party’s access and use of the Services with your unique username, password or other appropriate security code. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Notwithstanding anything to the contrary herein, your obligations in this section do not apply to any claims, damages, obligations, losses, liabilities, costs, penalties, fees, or expenses of any kind to the extent arising from any act or omission of Company or any of our affiliates.

10. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE COMPANY CONTENT CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE COMPANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, AND WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT THE USE OF THE SERVICES OR COMPANY CONTENT WILL RESULT IN ANY PARTICULAR RESULTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO YOUR USE OF THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.
COMPANY MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. COMPANY ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. COMPANY DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY OF YOUR INFORMATION OR PERSONAL SETTINGS. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT COMPANY AND ITS PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF COMPANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Term and Termination

These Terms will remain in full force and effect during the length of your subscription and/or while you use or access the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. Upon termination, your right to use the Services will automatically terminate.
You may end your subscription at any time by sending a cancellation message to [email protected].

13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

Governing Law. These Terms shall be governed by and construed and enforced in accordance with the laws of the State of New York as it applies to a contract made and to be performed in such state. You consent and agree that the state and federal courts of New York County, New York shall have personal jurisdiction over you, as well as subject matter jurisdiction with respect to any provision of these Terms, and shall be the exclusive forums for any dispute resolution arising out of or relating to these Terms. You also agree to and hereby waive your rights to a trial by jury and agree to accept service of process by mail or email.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the American Arbitration Association (AAA). The arbitration will be conducted in New York County, New York, unless you and Company agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.

14. Confidential Information

Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with these Terms, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with these Terms; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms.
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure.

15. DMCA Notice

We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then you may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending an email to our designated agent at [email protected].

16. General

Jurisdictional Matters. The Services are controlled and operated from facilities in the United States. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to These Terms. Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or phone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our products or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you do not want to receive such messages, you may opt out. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
Entire Agreement / Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Services, shall constitute the entire agreement between you and Company concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Feedback. We may use any reports, comments, corrections, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of these Terms. Each capitalized term used in these Terms (including any schedule or exhibit of these Terms) shall have the meaning attributed to it in any part of these Terms (including any such schedules or exhibits).
Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.