OTCHearingAid.Store Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEBSITE.

These Terms of Use (“Terms”) apply to all websites and mobile applications that are owned, operated, and/or maintained by or for “InnerScope Hearing Technologies, Inc.” (collectively “InnerScope” “we,” “our”, or “us”) and upon which these Terms of Use are linked, including this website, (the “Site”). InnerScope is a Nevada corporation with its principal place of business at 2151 Professional Drive, 2nd Floor, Roseville, CA. 96661

InnerScope Hearing Technologies Inc. is the owner and operator of the Site and the distributor of the Products (as defined below herein Warranty Disclaimers and Liability Limitations) sold thereon. You or user and we, our, or us, (collectively referred to as parties).

BY ACCESSING OR USING THE SITE OR ENTER ANY PERSONAL INFORMATION OR MAKE ANY TRANSACTIONS THROUGH THE SITE, YOU (“USER” OR “YOU”) HEREBY AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT AND ALL APPLICABLE LAWS WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO THE SITE OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE AND SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS, CONDITIONS, AND RESTRICTIONS SET FORTH IN THESE TERMS, INNERSCOPE DOES NOT GRANT YOU THE RIGHT TO USE THE SITE.  IF, FOR EXAMPLE YOU HAVE ENTERED INTO A SEPARATE AGREEMENT WITH US BY PURCHASING A PRODUCT, THESE TERMS APPLY TO YOUR USE OF THE SITE; PROVIDED THAT, TO THE EXTENT OF ANY DIRECTLY CONFLICTING TERMS, YOUR SEPARATE AGREEMENT WILL TAKE PRECEDENCE OVER ANY CONTRADICTORY PROVISIONS OF THESE TERMS.

 

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITES OR MOBILE APPLICATION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND A WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS.

BY ACCESSING OR USING ANY PART OF THE WEB SITE OR CALLING THE PHONE NUMBER FOR INNERSCOPE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR PHONE NUMBER.

Eligibility and User’s Warranties and Representations

We intend that the Site and the Products be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Products should not be used by minors. If you do not qualify, you are not permitted to use the Site or order the Products, and you do not have our consent to do so.

 

 

Fraud

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.

Links to Third Party Websites

We may provide links to web pages which are not part of our web family.  These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on the Site or any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which the Site only provides links.

User’s Information

“User’s Information” is defined as any information or other material you provide to us or others in connection with the Site. Except as otherwise provided in our Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from the Site, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful.  We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or the Site.

Access and Interference

Use of the Site and Products. The contents of the Site are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Products and the Site, in order to obtain information about, and/or to purchase the Products. This limited right and license does not include any resale or commercial use of the Site or its contents or the Products; any collection and use of any Products, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the Site without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use of the Site terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray us or any Products offered on the Site in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the Site as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Breach

Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy

Our current Privacy Policy including our Privacy Policy App (collectively “Privacy Policies”) is available on the Site and is incorporated in this Agreement by reference. We may change our Privacy Policies from time to time, as stated therein.

Warranty Disclaimers and Liability Limitations

We are the owner and/or distributor of the various products offered for sale and sold through the site, including, without limitation, our hearing related products and related supplies and services (collectively, the “Products”). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THE SITE OR THE PRODUCTS.

THE INFORMATION PRESENTED ON THE SITE IS NOT INTENDED TO BE MEDICAL ADVICE AND SHOULD NOT BE RELIED ON BY YOU AS SUCH.  IF YOU SUSPECT A HEARING PROBLEM, WE STRONGLY ENCOURAGE YOU TO CONSULT WITH A QUALIFIED MEDICAL OR HEARING PROFESSIONAL. WE PROVIDE INFORMATION ON THE SITE OR MOBILE APPLICATION FOR INFORMATIONAL PURPOSES ONLY.  IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL.  YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR MOBILE APPLICATION FOR DIAGNOSING OR TREATING A MEDICAL CONDITION.  YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.

WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE PRODUCTS OR THE SITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Site OR THE PRODUCTS, ALL OF which ARE provided “as is”, and without warranties OF ANY KIND.

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, TORT, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE SITE OR MOBILE APPLICATION OR THE PRODUCTS) EXCEED THE GREATER OF $100 (ONE HUNDRED DOLLARS) OR THE AMOUNT THAT YOU PAID FOR THE PRODUCT(S). IN NO EVENT SHALL INNERSCOPE OR ANY THIRD PARTIES MENTIONED AT THE SITE OR MOBILE APPLICATION BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR MOBILE APPLICATION OR THE CONTENT OF THE SITE OR MOBILE APPLICATION WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INNERSCOPE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

The mobile application has been created to provide you with the possibility of controlling and personalizing your hearing experience directly from your mobile device. The App is intended to be used with InnerScope devices. The mobile application sends and receives signals from the device via mobile devices. Notifications of application updates should not be disabled, and it is recommended that You install all updates to ensure that the App will function correctly and will be kept up to date. The application must only be used with InnerScope devices for which it is intended. INNERSCOPE IS NOT A HEALTHCARE PROVIDER. THE APP IS NOT A MEDICAL DEVICE, IS NOT INTENDED TO SUBSTITUTE FOR ANY MEDICAL DEVICE, AND HAS NOT BEEN REVIEWED OR APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION (“FDA”). PLEASE ALSO NOTE THAT INFORMATION COLLECTED AND STORED BY THE APP MAY NOT BE PROTECTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”). IF YOU HAVE A HEARING PROBLEM, INNERSCOPE STRONGLY URGES YOU TO CONSULT WITH A QUALIFIED PHYSICIAN OR HEARING PROFESSIONAL.

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in the Site or the Products.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Hearing Aid Device Support / Returns / Warranty

Your satisfaction is guaranteed. If you have difficulties with your order, please contact customer service for help or return instructions.

All InnerScope Hearing Aid Devices are subject to a 45-day money back guarantee, less Shipping & Handling and any applicable restocking fee.  InnerScope will not refund Shipping & Handling charges collected at point of sale.   InnerScope will not provide refunds for products clearly damaged or modified by the customer, through no fault of InnerScope.  All returns require a Return Merchandise Authorization number prior to be accepted for credit.  All returns are to be sent using a trackable mail service such as USPS Priority Mail, UPS, or FedEX.  Hearing aids returned without an RMA number are subject to a 20% restocking fee.  Hearing aid Devices not received by InnerScope (without proof of delivery) may be refused for credit.

All Hearing Aid Devices MUST include a Return Merchandise Authorization (RMA) number for proper processing. Hearing Aid Devices returned without an RMA number will incur a twenty percent (20%) No-RMA Fee.

Please call Customer Service at 916 -788-0506 for an RMA number and specific return instructions. We are available (Monday to Friday, 9:00am to 5:00pm Pacific Time)

We are unable to honor return requests after 45 days from the date of purchase as shown on your invoice.

Manufacturers Defects Warranty. Your Hearing Aid Device is covered against defects in materials and workmanship for 90 days from the time you receive your order. If at our examination it is determined that the unit failed to work due to parts, materials or workmanship we will repair or replace it for free.

Indemnity

You agree to indemnify, defend and hold us, our subsidiaries and affiliates, third-party service providers and each of their and our officers, directors, members, managers, agents, owners, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through the Site; and (vi) your use of the Site or the Products, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not to Sue

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our or their officers, directors, owners, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Products or your use of the Site, other than willful misconduct or our failure to honor an express commitment posted on the Site (i.e., if we fail to deliver Products to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 2151 Professional Drive, 2nd Floor, Roseville, CA. 95661 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration

Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of the Site or the Products, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the Site.

General

Choice of Law, Headings and Non-waiver.  This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of California, USA without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of California. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Transactions

In facilitating transactions, InnerScope collects Personal Information related to each transaction, such as the amount of the transaction and the necessary financial and identifying information, including relevant account numbers and addresses. Disclosure of Personal Information is required to conduct a transaction on the Site or Mobile Application.

Force Majeure

We will not be liable for failing to perform under these Terms and Conditions because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.

Waiver of Class Action Rights

BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.  ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Mobile Application, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Changes to the Site or Mobile Application

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site or Mobile Application, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Site or Mobile Application from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version of these terms and conditions each time you visit the Site or Mobile Application.

Severability  

The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Termination

We will have the right to terminate your access to the Site or Mobile Application if we reasonably believe you have breached any of the terms and conditions of these Terms and Conditions.  Following termination, you will not be permitted to use the Site or Mobile Application and we may, in our discretion, cancel any outstanding Product Orders.  If your access to the Site or Mobile Application is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site or Mobile Application, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.  These Terms and Conditions will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site or Mobile Application

Entire Agreement; Amendment 

This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written.  This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time.  Each time that you visit the Site to make a purchase, please consult this portion of the Site for important changes to the Agreement that may have occurred since your last online purchase. Unless otherwise provided in a separate written agreement between you and us, by making a purchase through the Site after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive.  If at any time you choose not to accept the terms of this Agreement, you will not use the Site. This Agreement applies to your use of the Site or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation 

The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.



The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).



If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.



You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.



You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.



You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.



You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.



For any questions, you can contact us for more information about the program.