This webpage represents a legal document and is the Terms and Conditions hereinafter called “Agreement” when you are using our website, and all other websites owned by our company American Returns and Investment, LLC including our mobile application(s), hereinafter and collectively referred to as our Website. Our website is any variation of oberonresearch.com or ameritong.com.
Definitions
The terms "us", "we", "our", “Company” and "Registered Agent", refer to American Returns and Investment, LLC, the owner of this Website. The term “Product(s)” refers to any products or services we sell or give away. A “Visitor” is someone who merely browses our Website. A “Client” is someone who has registered with our Website to buy our Products, usually, but not always a “Business Entity”. The terms “you” and your refer to the Client. The term “User” is a collective identifier that refers to either a Visitor or a Client.
All text, information, graphics, design, and data offered through our Website or Products whether produced by our Clients or by us, are collectively known as our “Content”. We distinguish content posted by our Clients as “Client Content”.
Eligibility and Registration
To buy our Products, you must register to become a Client. Our Website and Products are intended solely for Users who are at least (18) years of age. Any registration by, use of, or access to our Website and Products by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and Products, you represent and warrant that you are at least (18) years of age and agree to obey all the terms of this Agreement.
American Returns and Investment, LLC has sole right and discretion to decide whether to accept a Client and may reject a Client’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Website and Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.
You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed here.
Acceptance of Agreement
This Agreement is between you and American Returns and Investment, LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, OR BROWSE IT FURTHER.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this Website. You must review our Privacy Notice by clicking on this link https://ameritong.com/privacy. If you do not accept and agree to be bound by all the terms of this Agreement, including American Returns and Investment, LLC Privacy Notice, do not use this Website.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to–website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Cheyenne, Wyoming, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Cheyenne, Wyoming necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Cheyenne, Wyoming, and will be governed by and construed following the laws of the state of Wyoming without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Website or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Registered Agent
This Agreement addresses the nature and scope of our duties to you as your Registered Agent and your duties to us as your Registered Agent. Every state in the nation allows for the creation of business entities such as a corporation, partnerships, or limited liability companies. However, because the business entity is not a real person and may not have a physical location in the state of formation, each state requires that a person or entity with a physical presence in the state be named as the registered agent to accept service of process and other legal documents for that business entity.
Responsibilities of the Registered Agent
So long as the Registered Agent at all times knows your mailing address and how to contact you, the Registered Agent will notify you within seventy-two (72) business hours after receipt of any legal process directed to your Business Entity that is received by Registered Agent. The pertinent documents will be forwarded to you at the email address you have provided for electronic delivery or through your Client portal with an email notification sent to the email address on file.
The Registered Agent provides you with the notification, and once you receive the documents from the Registered Agent's office, it is your responsibility to respond or otherwise address the legal matter. If you have not provided the Registered Agent with a valid email address through which the Registered Agent may notify you, the Registered Agent's contractual obligation to notify you is null and void, and the Registered Agent has no further responsibility to notify you in any way.
Any service of process and legal documents received by or sent to Registered Agent's address for your Business Entity will be opened, scanned, and deposited in your Client portal without prior notification for no additional fee.
Mail Received for your Business Entity
The Registered Agent will Process (defined below) five (5) pieces of first-class mail, general business documents, and other items (collectively, "Mail") on behalf of your Business Entity each year for no additional fee. So long as the Registered Agent is serving, you authorize the Registered Agent to accept, open, review, determine in its sole and unreviewable discretion whether such Mail is "junk" mail or other mail, scan, forward, shred, and/or deposit in your Client portal such Mail as an authorized representative of our Company (collectively, "Process"). If your Business Entity receives more than five (5) pieces of Mail, you agree that we may Process excess Mail and charge your payment method on file at the then-current rate an additional Mail handling fee for an additional five (5) pieces of mail.
Not the Responsibility of the Registered Agent
The Registered Agent's duties do not include answering or responding to service of process of legal documents or in any manner getting involved with any court proceeding, demand letters, litigation, or threats of litigation.
Responsibilities of Client
It is your responsibility to maintain a current email address and physical address on file with us. If we do not have your email address or the email address you have provided is invalid, we may, but are under no obligation to mail the documents to the physical address that you have supplied to us in your contact information and charge you an additional fee.
For the Registered Agent to adequately perform the duty of prompt notification of service of process, and to comply with the laws of the Business Entity's state of formation, it is important that you always keep Registered Agent informed of the current contact information for your Business Entity. You agree to keep us up to date with your contact information, including:
The email address to which all service process is to be delivered;
The names and addresses of each director, officer, manager, partner, trustee, or other persons serving in a similar capacity; and
The name, business address, business telephone number, and email address of a natural person who is an officer, director, employee, or designated agent of the Business Entity who is authorized to receive communications from the Registered Agent and is deemed the designated communications contact for the Business Entity.
Client Notifications via SMS
In order to offer you enhanced Product alert services, we may, at our discretion, provide additional options for receiving notifications through alternative channels, including Short Message Service (SMS). However, please note that the provision of Product alerts via SMS is subject to the specific requirements outlined below:
Advance Request: To receive Product alerts via SMS, Clients must explicitly request this service in advance. This can be done by following the instructions provided on our website/app or by contacting our customer support team.
Opt-Out Option: Clients have the freedom to opt-out of receiving Product alerts via SMS at any time. To exercise this option, Clients can modify their preferences through the settings available on our website/app or by contacting our customer support team.
Registered Agent Non-Automatic Renewal
Registered Agent will charge Business Entity an annual fee for acting as Business Entity's Registered Agent. This fee is due and owing prior to the anniversary date of the initial date on which we are named as Registered Agent for the Business Entity. This annual fee and services offered may be changed from time to time. Registered Agent will notify you of the impending annual fee and service changes 30 days in advance of each anniversary date by sending one or more emails to the email address you provided. In these email(s), you will be asked to complete a form that you will return to Registered Agent.
Registered Agent Automatic Renewal
We provide automatically renewing Registered Agent services to provide your Business Entity with business interruption protection. Your Registered Agent service will renew automatically each year on the anniversary of the date on which we first began to serve as Registered Agent for your Business Entity until you notify us that you want to terminate your Registered Agent service under this Agreement or your Registered Agent service is otherwise terminated. Registered Agent will notify you of the impending annual fee and service changes in advance of each anniversary date by sending one or more emails to the email address you provided. This annual fee and services offered may be changed from time to time. If you do not notify us, your payment method will automatically be charged for the renewal term of your Registered Agent service. If a charge made to your payment method is declined, we may make up to five attempts to bill that payment method over a thirty-day period. We may obtain automatic updates for any expiring credit cards you have provided.
Notice of Automatic Renewal
We will send reminder emails to your account’s email address of record at least 15 days before automatically renewing your Registered Agent service. Unless required by law in the state where you reside, we are not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) our failure to send the email creates no liability for the Registered Agent or any third-party service.
Cancellation of Automatic Renewal
Cancellation of your automatic renewal terminates your Registered Agent service. To cancel the automatic renewal of your Registered Agent service, you must notify us 30 days in advance of your intent to cancel by emailing us or by canceling online through the client portal. We agree that when it receives notice of this cancellation, no further charges will be billed to your credit card automatically subject to your obligations on termination or cancellation.
After termination by us or termination or cancellation by Client and at the end of the then-applicable Term, you agree that:
You are responsible for all expenses incurred by your use of the Registered Agent services after termination or cancellation including, but not limited to, shipping charges incurred to forward Mail received on your behalf.
You must assign another registered agent in that jurisdiction or act as your own registered agent, where lawful, and must pay all fees related to changing your agent (including appointment and/or registration fees). In addition, you must notify us that you have properly changed registered agents by the next renewal date and provide us with satisfactory written proof that we are no longer listed as your registered agent. If you no longer wish to use the Registered Agent services because you are discontinuing your business operations (voluntarily or otherwise), you must provide us with satisfactory written proof that your entity has been voluntarily dissolved with the state filing office, or that its status with the state filing office (or other government agency) is inactive (e.g., revoked, suspended, forfeited, canceled, noncompliant, delinquent, or administratively dissolved) by the next renewal date. If you cancel Registered Agent services because your entity has been voluntarily dissolved or its status is inactive, we as your Registered Agent, in its sole discretion and in accordance with state filing offices requirements, may resign as your entity’s registered agent. However, we as your Registered Agent may continue to be listed as your entity’s registered agent if your state filing office does not accept resignation filings or other amendment filings for voluntarily dissolved or inactive entities. If you fail to provide us with satisfactory written proof of your change of as your registered agent or of your discontinuation of business operations, you will continue to incur charges for our Registered Agent services until such proof is provided.
After you replace us as your registered agent, or we otherwise resign, any Mail that your Registered Agent receives on your behalf will be marked "Return to Sender" if it is first class mail or destroyed if it is not. You waive and release your Registered Agent from compliance with any obligation to forward or re-mail any Mail received after your subscription has been terminated and you specifically agree that your Registered Agent has no obligation to forward or re-mail Mail to you except as expressly stated in this Agreement. You agree to hold us, your Registered Agent, and the affiliates of each harmless from any claim to the contrary.
You acknowledge that you have sole responsibility for notifying senders (including all government agencies) of your new registered agent address.
Limited License
American Returns and Investment, LLC grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Products strictly under this Agreement. No printout or electronic version of any part of our Website or Products may be used by you in any litigation or arbitration matter at all under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations about your use of our Website, Content, and Products.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of American Returns and Investment, LLC.
Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website and Products will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our Website and Products will be correct, accurate, timely, or reliable. We reserve the right at our sole discretion to change any content, software, and other items used or contained in our Website or Products at any time without notice.
Disclaimer
We are not a law firm and do not provide legal advice. Purchasing products or services from us does not establish an attorney-client relationship and we will not under any circumstances represent you or any Client in any legal matter. Conversations, emails, chats, and other communications with our network of licensed attorneys will generally be protected by attorney-client privilege and other protections provided under applicable law. However, conversations, emails, chats, and other communications with technical and operational support staff, as well as information you enter into your Client portal will not be protected by attorney-client privilege or other any other legal protections.
The material on this website and any third-party website link is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. The content of this site and any linked websites is general and educational and should not be used as a substitute for seeking professional legal advice. Always seek the advice of a qualified attorney regarding any legal issue about which you have a question. You should not refrain from seeking professional advice from a lawyer or disregard professional legal advice because of anything contained in this website. Nothing on this website should be viewed as the giving of legal advice or the practice of law. We insist that all visitors to this website consult with their own attorney regarding all questions or legal needs. We are not responsible for any action or failure to act by a visitor to our website based upon any information on this website that is taken without our prior express written consent.
Warranty Disclaimer
American Returns and Investment, LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Clients of our Website, or by American Returns and Investment, LLC. Although we provide rules for Client conduct and postings, we do not control and are not responsible for what Clients post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Products. American Returns and Investment, LLC is not responsible for the online or offline conduct of any User of our Website or Products.
Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Client communications.
American Returns and Investment, LLC is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Clients’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products. Under no circumstances will American Returns and Investment, LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Products, or any interactions between Users of our Website or Products, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or used by our Products.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED AS-IS, AS AVAILABLE, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. American Returns and Investment, LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR PRODUCTS. American Returns and Investment, LLC CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. American Returns and Investment, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND American Returns and Investment, LLC.
OUR WEBSITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR PRODUCTS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL American Returns and Investment, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF American Returns and Investment, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, American Returns and Investment, LLC’s LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR CLIENTSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
Client Conduct
Clients may post their content to our Website (Client Content). Clients and Visitors understand that by using our Website or Products, they may be exposed to content that is objectionable. We have no control over Client Content and do not in any way guarantee its quality, accuracy, or integrity. American Returns and Investment, LLC is not responsible for the monitoring or filtering of any Client Content. Should any Client Content be found illegal, we will submit all necessary information to relevant authorities.
If any Client Content is reported to American Returns and Investment, LLC as being offensive or inappropriate, we may ask the Client to retract or modify the questionable content within 24 hours of being notified by us. If the Client fails to meet such a request, we have full authority to restrict the Client’s ability to post Client Content or to immediately terminate the Client’s use of our Website and Products without further notice to the Client.
We have sole discretion to remove any Client Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Clients are responsible for complying with all applicable federal, state, and global laws for their content, including copyright and trademark laws.
You warrant that you will not use our Website or Products to infringe on the intellectual property rights of others in any way. Following the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating Clients whom we judge, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Website or Products to do any of the following:
Upload, post, or transmit any Client Content that:
Violates any local, state, federal, or international laws;
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
Links directly or indirectly to any materials to which you do not have a right to link;
Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Products;
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
In the sole judgment of American Returns and Investment, LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose American Returns and Investment, LLC, our affiliates, or our Users to any harm or liability of any type.
Use our Content to:
Develop a competing website;
Create compilations or derivative works as defined under United States copyright laws;
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
Decompile, disassemble, or reverse engineer our Website, Products, and any related software; or
Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
You grant American Returns and Investment, LLC a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Client Content”) to our Website, you are granting American Returns and Investment, LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Client Content about the operation of the business of American Returns and Investment, LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Client Content. You understand and agree that you will not be compensated for any Client Content. By posting Client Content on our Website or Products, you warrant and represent that you own the rights to the Client Content or are authorized to post, display, distribute, perform, or transmit Client Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. American Returns and Investment, LLC has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.
Affiliate Disclosure
You should assume the owner of this website has an affiliate relationship and/or another material connection, to any suppliers of goods and services that may be discussed here, and maybe compensated for showing ads or recommending products or services, or linking to the supplier’s website.
Refund Policy
We have no refund policy at this time.
Termination of Client Relationship or User Privileges
Your Client relationship or User privileges with us are effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any term of this Agreement. On termination, you will stop representing yourself as a Client or User of our Business Entity. You must delete or destroy any information or content including all copies obtained from our Website and or Products. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Agreement
We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms of Service, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Products.