Effective date: Dec 1, 2021
Last Updated: Dec 15, 2021
PLEASE NOTE THAT YOUR MEMBERSHIP IN ANY PHOEBE Cohorts made AVAILABLE by PHOEBE, inc. AT app.hiphoebe.com (COLLECTIVELY, “GROUP”) AND THE SERVICES MADE AVAILABLE THROUGH THE GROUP ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE group IN ANY MANNER.
Welcome to Phoebe! The Group is owned and managed by Phoebe, Inc. (“Phoebe”). The purpose of the Group is to provide an engaging forum to share information and encourage discussion to help women through life’s greatest transitions, as further described below. Please read on to learn the rules and restrictions that govern your use participation in the Group. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
If You Are Experiencing a Medical Emergency, Dial 911 and Seek Immediate Assistance.
DO NOT USE THE SERVICE TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS IN LABOR, UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
Phoebe is a curated community designed to connect users with access to resources, including education, content, coaching and referrals to third-party healthcare professionals, doulas, lactation consultants, and other experts with specialized experience in assisting women in their transition to motherhood and in their return to work through health care, wellness services, coaching, instruction and education (each, an “Expert”) (such services combined with the Group, the “Services”).
These Experts may provide peer-to-peer support, encouragement, education, instruction and practical tips to help you in your transition to motherhood through group educational sessions, on-demand educational content and one on one sessions. These Experts may also provide coaching and wellness services via in-person, phone or video chat sessions (each, a “Session”) as part of the Phoebe Group. Private sessions are conducted offline and not via the Group. If you would like to engage in a Session with an Expert that is not included in your GROUP, you should reach out to the Expert directly to schedule such Session.
The Experts you engage with via the Group and our Services are solely responsible for providing you with care – not Phoebe. Phoebe provides a third-party technology platform that acts as a venue to connect you with other women who are transitioning to motherhood, as well as Experts who may be available to provide you with non-emergency care. While most of our Services are made available through the Group online, we may, from time to time, host in-person meetings or events for members. Your participation in such meetings and/or events may be subject to additional terms and conditions.
Phoebe’s Services DO NOT include medical services, and are limited to the provision of the online platform that connects you with Experts and guidance services related to aiding mothers with their transition to motherhood. Phoebe does not control or interfere with any Expert’s or any other medical provider’s practice of medicine: each Expert is responsible for the decisions, advice, diagnoses, statements or information he or she provides, transmits, posts or otherwise makes available through the Services. Phoebe does not pre-approve, endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Expert. We encourage you to consult with your healthcare provider before using our Services or engaging any Expert. Our Services are not a substitute for a primary care physician, obstetrician, pediatrician or any other medical service.
While we endeavor to find you Experts who will be helpful to you, we make no representation or warranty as to whether you will find any Expert’s services relevant, useful, correct, satisfactory or suitable to your needs. We do not control the quality of the services provided by Experts. We do not guarantee that any Expert is categorized correctly or is suitably matched to you. While we may try to vet Experts, we cannot and do not guarantee the verification of the skills, degrees, qualifications, licensure, certifications, credentials, competence or background of any Expert. It is solely your responsibility to conduct independent verification regarding any Expert that provides you with services, and we strongly recommend that you conduct this verification prior to communication with any Expert via the Services or on a continuous basis.
To join the Group, you must accept an invitation to the Phoebe App. When requesting membership in the Group, you are obligated to provide us with certain information, such as your name, e-mail address, phone number, zip code, and anticipated due date (“Registration Information”). Upon successful completion of the sign-up process, we will determine, in our sole discretion, whether to grant you membership in the Group. Once you have been approved by Phoebe to join the Group, subject to your payment of applicable fees, you will have access to the Services. The Registration Information is your property and we assert no ownership interest in such data. Upon successful completion of the sign-up process, we will provide you with a personal user account, accessible to you through a magic link associated with your email address.
You represent and warrant to Phoebe that all of the Registration Information you provide is true, current, complete and correct, and will promptly update such information to ensure that it remains true, current, complete and correct. Phoebe reserves the right to refuse or cancel your membership or your use of the Services if Phoebe determines that you have not provided true, current, complete and accurate Registration Information.
Other information may be requested of you, or provided by you, based on your interactions with your Expert. This additional information is required by Phoebe. You may provide this information entirely at your discretion and it is your responsibility if you choose to provide this additional information.
You must be 18 years of age or older and reside in a jurisdiction in which the Services are provided, to use the Services. If you reside in a jurisdiction that restricts the use of the Services (including, for example, because of age or restricts the ability to enter into contracts such as this one due to age), you must not use the Services. You represent that you are of legal age to enter into a binding contract.
You may only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. You may not (and shall not permit any third party to):
Unless otherwise specified in writing, the Services are for your personal and non-commercial use. The Services, including, without limitation, the Group, content, metadata, design, organization, compilation, look and feel, and all other protectable intellectual property available through the Services (the “Proprietary Materials”) are the property of Phoebe or the property of our licensors and are protected by copyright and other intellectual property laws throughout the world. Subject to the Terms, Phoebe grants you a limited license to reproduce portions of the Proprietary Materials for the sole purpose of using the Services for your personal use. Unless otherwise specified by Phoebe in a separate license, your right to use any and all Proprietary Materials is subject to the Terms. All rights regarding the Proprietary Materials not expressly granted in these Terms are reserved by Phoebe, its suppliers and service providers. Unless you have our prior written consent, you agree not to: (i) copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone; (ii) rearrange, modify, create derivative works using, reverse engineer, translate, adapt, merge, disassemble, decompile or reverse compile any part of the Proprietary Materials; (iii) create, scrape or display our content for any purpose; or (iv) post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards. Note that each Group is a private forum and in sharing experiences and stories, members rely on the private nature of the Group, so it is of utmost important to keep all information and Content you learn from other members in the Group strictly confidential. We have the right to terminate your membership in the Group if we determine, in our sole discretion, that you have breached the foregoing confidentiality obligation.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”), including the Proprietary Materials, is the sole responsibility of the party from whom such Content originated. This means that Phoebe has no responsibility for the Content provided, uploaded, posted, emailed, transmitted or otherwise made available through the Services by you (“Your Content”) or by an Expert (“Expert Content”).
You acknowledge that Phoebe has no obligation to pre-screen Content (including, but not limited to, Expert Content), although Phoebe reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By agreeing to the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Phoebe pre-screens, refuses or removes any Content, you acknowledge that Phoebe will do so for Phoebe’s benefit, not yours. Without limiting the foregoing, Phoebe shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Except with respect to Your Content, you agree (i) that you have no right, title, or interest in or to any Content that appears on or in the Proprietary Materials, and (ii) that Phoebe and its suppliers and service providers own all rights, title and interest in the Proprietary Materials (including but not limited to, any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, or chat transcripts). You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Proprietary Materials.
“PHOEBE” and all related graphics, logos, service marks and trade names used on or in connection with any Proprietary Materials or in connection with the Services are the trademarks of Phoebe and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Proprietary Materials are the property of their respective owners.
We currently charge membership fees for membership in the Group. We also charge for Doula Sessions scheduled via the Group. You agree to pay all fees or charges to your Group membership account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Phoebe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account information (“Payment Provider”), as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Phoebe with your credit card number and associated payment information, you agree that Phoebe is authorized to immediately invoice your Group membership account for all fees and charges due and payable to Phoebe hereunder and that no additional notice or consent is required. You agree to immediately notify Phoebe of any change in your billing address or the credit card used for payment hereunder. Phoebe reserves the right at any time to change its prices and billing methods, either immediately upon posting on Group or by e-mail delivery to you.
If you choose to cancel your Group membership, all you have to do is e-mail firstname.lastname@example.org If you cancel your Group membership in the middle of the membership period, you will not be eligible for a prorated refund of the fees you paid for that membership period, but you will be able to continue to access and use the Group and Services until the end of the month. Phoebe reserves the right, at its sole discretion, to reject users of its Services. If we reject you after you have paid any fee, Phoebe will reimburse the unused portion of that fee.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY PHOEBE IN ITS SOLE DISCRETION AT ANY TIME. We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Phoebe reserves the right to modify or change the Terms at any time. The most current copy of the Terms will be posted and available for review in the Group. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. If you do not agree with the new Terms after receiving notice of changes, you are free to cancel your membership in the Group; unfortunately, that means you will no longer be able to access the Group or use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. PLEASE REGULARLY CHECK THE GROUP TO VIEW THE THEN-CURRENT TERMS
These Terms will commence as of the date you first accept them (as described in the preamble) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms. If you want to terminate these Terms you may do so by contacting us at email@example.com We may terminate these Terms and/or suspend your access to the Services upon notice to you, in the event you breach any material term herein, or if we are required to do so by law (e.g. where the provision of the Group or Services is or becomes unlawful). You agree that all terminations for cause shall be made in Phoebe’s sole discretion and that Phoebe shall not be liable to you or any third party for any termination of your membership in the Group.
Termination includes removal of access to the Group and barring of further use of the Group. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.
You are solely responsible for your interactions with Experts or other members of the Group, and any other parties you interact with through the Services; provided, however, we reserve the right, but have no obligation, to intercede in such disputes. You agree that Phoebe is not responsible for any liability incurred as the result of such interactions.
YOU expressly understand and agree that to the extent permitted by applicable law, your USE of THE SERVICES is AT YOUR OWN RISK. PHOEBE, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “PHOEBE Party” and collectively, the “PHOEBE Parties”) DO NOT GUARANTEE THAT YOU WILL FIND THE SERVICES or ANY EXPERTS RELEVANT, USEFUL, CORRECT, SATISFACTORY OR SUITABLE TO YOUR NEEDS. THE PHOEBE PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES and conditions ABOUT THE ACCURACY, COMPLETENESS, reliability, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICES, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY PHOEBE OR EXPERTS, OR INFORMATION AND ADVICE PROVIDED BY AN EXPERT OR OTHERWISE THROUGH OUR GROUP. YOU expressly understand and AGREE THAT to the extent permitted by applicable law, YOUR ACCESS TO, AND USE OF, THE SERVICES, AND EXPERTS AND THE CONTENT AND SERVICE AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS” and “AS AVAILABLE” BASIS, with all faults, AND the PHOEBE PARTIES SPECIFICALLY DISCLAIM all REPRESENTATIONS, WARRANTIES and conditions of any kind, whether EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES or conditions OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOEBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY EXPERT. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH the Services IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS the services, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY US. PHOEBE IS NOT A LICENSED MEDICAL CARE PROVIDER, AND PHOEBE DOES NOT ACT IN A HEALTH CARE PROFESSIONAL CAPACITY. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES OR FROM ANY EXPERTS. CONSULTATION WITH THE EXPERTS facilitated VIA THE SERVICES IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY THE EXPERTS MADE AVAILABLE VIA THE SERVICES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. PHOEBE EXPERTS DO NOT PROVIDE EMERGENCY SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL the PHOEBE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF or in connection with THESE TERMS, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY EXPERTS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF the PHOEBE PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)) OF EVERY KIND ARISING OUT OF THESE or in connection with these TERMS WILL NOT EXCEED (a) THE AMOUNT OF FEES PAID DURING THE PRECEDING 6 MONTH PERIOD prior to the act, omission or occurrence giving rise to such liability, or (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, the PHOEBE PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold the Phoebe Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, the Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including any Experts; or (e) your violation of any applicable laws, rules or regulations. Phoebe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Phoebe in asserting any available defenses. This provision does not require you to indemnify any of the Phoebe Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Group membership, the Terms and/or your access to the Services.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Group membership, in any way (by operation of law or otherwise) without Phoebe’s prior written consent. Phoebe may assign its rights and obligations under these Terms. These Terms will inure to the benefit of Phoebe’s successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
You agree that these Terms, as well as any and all claims arising from these Terms, will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, consistent with the Federal Arbitration Act, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Service will be an appropriate federal or state court located in New York City, New York. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 555W 59th Street, Apt 17B, New York, NY 20019. The arbitration will be conducted by JAMS under its rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules. Phoebe will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND PHOEBE AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.
If for any reason a claim proceeds in court rather than in arbitration YOU AND PHOEBE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Phoebe also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Phoebe, firstname.lastname@example.org, 555W 59th Street, Apt 17B, New York, NY 20019, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your app.hiPhoebe.com account that is tied to the membership of the Group, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
In accordance with California Civil 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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
These Terms constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. We may discontinue or change the Services, or its/their availability to you, at any time. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries except as set forth in these Terms. Accordingly, these Terms may only be invoked or enforced by you or us. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.