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LAST UPDATED: April 7, 2022
The Site and Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site or our Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site or our Services.
These Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 19 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
Provided that you are eligible to use the Site, we grant you a limited, nonexclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use (unless You have a business relationship with us), strictly in accordance with these Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
By using the Services you agree to our acceptable use policy (“Acceptable Use Policy”) outlined above. Violation of this Acceptable Use Policy or any portion of these Terms may result in deleted content, disabled accounts, or other restrictions. We may terminate your access to the Services if we suspect or believe you are violating this Acceptable Use Policy, even if it results that our suspicion was not well founded.
If the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You are responsible for (i) keeping your account password confidential and secured, and (ii) avoiding unauthorized access your computer. You are responsible for all activity that occurs under your account and in no event will we be liable for the unauthorized use or misuse of your password.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Subscription Fees. For registered accounts with a subscription plan to any portion of the Services (“Subscription”), you agree to pay the subscription fees set forth when you register for the subscription (“Subscription Fees”). All Subscription Fees are payable in advance prior to the commencement of your subscription term.
Renewal. Subscriptions will automatically renew for additional one month or one-year periods, respectively, unless you cancel by contacting us at firstname.lastname@example.org or by de-selecting “Auto-renew” in the Subscriptions and Billings page https://www.sparknotes.com/plus/my-account/#billing-details of your account on the Services, in which case your Subscription will not renew and we will not charge you any additional Subscription Fees. The pricing during any automatic renewal term will be the same as that during the immediately prior term unless we have given you written notice of a pricing increase at least sixty (60) days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter. You may view your current Subscription plan, subscription term and billing information at any time in your account settings.
Cancellation of Subscription. If you terminate your Subscription, you may use your Subscription until the end of the then-current subscription term and your Subscription will not be renewed after that period expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fees paid for the then-current subscription term, subject to specific cancellation and refund rights listed below.
Suspension/Termination by Us. We may immediately terminate or suspend all or a portion of your Subscription, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Terms; or (d) you engage in conduct that is a violation of any applicable law (including, without limitation, copyright and intellectual property laws).
If we terminate or suspend your Subscription, your license to use any digital content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, we have the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Billing Information. Payments made by credit card, debit card or certain other payment instruments for the subscriptions to the Services are billed and processed by our third-party payment agent, Stripe. By using the Services, you also agree to Stripe’s Terms of Service https://stripe.com/legal and their policies which can be found on their website. Stripe is acting solely as a billing and processing agent for and on behalf of SparkNotes and shall not be construed to be providing the applicable subscription to the Services. When you sign up for a subscription, you will be asked to provide your credit card information. You hereby authorize Stripe to bill your credit card in advance for your Subscription Fees and annually thereafter until your subscription to the Services terminates, and you further agree to pay any Subscription Fees so incurred. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Stripe manages credit card processing and is not permitted to store, retain or use your billing information except to process your credit card information. If we cannot charge your credit card for any fees when due because your payment information is no longer valid and up-to-date, or if we do not receive your payment when due through the alternative payment method you have selected, we may, at our election: (a) suspend your access to the portion of the Services provided on a subscription basis, in which case you will be responsible for all Subscription Fees incurred during the period of suspension, or (b) without waiving our rights to suspend or terminate your account, allow you a longer period during which to make payment, in which case you will remain responsible for all Subscription Fees incurred while we await your payment. Late payments incur interest charges at the rate of 1% per month on any outstanding balance or the maximum amount permitted by applicable law, whichever is less. The fees hereunder do not include any local, state or federal taxes or duties for transactions arising hereunder. If we are responsible for collecting such taxes based on the transactions under these Terms, you will be responsible for payment of all such taxes or duties, excluding taxes based on SparkNotes’ net income or property.
YOU AGREE THAT USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND AS-AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF THE SERVICES’ CONTENT OR INFORMATION OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE ASSUME NO RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON THE SERVICES, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVICES, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY SITE OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Use of the Services is intended for educational and entertainment purposes only. The Services and any content on the Services, is not intended to, and does not, constitute legal, professional, medical, psychological, therapeutic or healthcare advice or diagnosis or counseling, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.
(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SPARKNOTES ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, Sparknotes shall not be liable for any damages resulting from the use of the Services or the content on the Services unless such damages are the result of our negligent or reckless acts or omissions.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE SERVICES OR YOUR SPARKNOTES ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
You agree to defend, indemnify, and hold us harmless, including our parents, subsidiaries, affiliates, and all of our respective officers, agents, employees, partners, and licensors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) your Feedback; (4) any breach of your representations and warranties set forth in these Terms; and/or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, photos, video, graphics, music, sounds or other material (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. We own a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services, the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited, without our express prior written permission. You may not create derivative works in any part of the Services, the Content or the Marks. All rights, title and interest in the Services, the Content and the Marks not expressly granted to you in these Terms are reserved. Without limiting the foregoing, no SparkNotes or Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
The Services offer numerous opportunities for interactive activities, which enable you to communicate with other users directly, or which enable you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Content”). Examples of interactive activities are opportunities for you to create an account, take notes, bookmark a page, listen to audio, take a quiz or practice test, or submit any other User Content, or otherwise participate in any interactive feature. User Content may be viewable by other users of the Services and through third-party websites. As such, any User Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any User Content, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
If you become aware of any breach of the restrictions above by other users of the Services, please contact us at email@example.com, or activate the Flag feature on the page in question, if available.
By submitting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, royalty-free, perpetual, irrevocable, non-exclusive, transferable, fully-paid, worldwide right and license to host, use, reproduce, publish, re-format, translate, copy, modify, delete, enhance, display, archive, store, cache, publicly perform, disclose, transmit, broadcast, post, excerpt (in whole or in party). sell and distribute such User Content (including, without limitation, your name, voice, likeness and other identifying information) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trademarks, names, logos, and personal and commercial images you provide. You waive all morals rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content. You waive all moral rights in and to any of your User Content, even if such material is altered or changed in a manner not agreeable to you, and you warrant that moral rights have not otherwise been asserted in your User Content.
We do not assert any ownership over your User Content. Except for the license grant herein, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated you’re your User Content. We are not liable for any statements or representations in your User Content provided by you in any area of the Services. You agree that we assume no responsibility for deletion of your User Content or any failure to store, receive or deliver your User Content in a timely manner and that you are solely responsible for your User Content published to the Services. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place it in more appropriate locations on the Services; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. Notwithstanding the foregoing, we assume no responsibility for ongoing monitoring of the Services or for removal or editing of any User Content, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication, or User Content with or provided by other users of the Services.
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We may provide you with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. You will be required to provide your consent to receive such information from us, either by registering on the Services or via your wireless device.
From time to time, SparkNotes or the Services’ operational service providers, suppliers, and advertisers, may conduct promotions on or through the Services, including, without limitation, contests and sweepstakes (“Promotion(s)”). Each Promotion may have additional terms and conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms. Promotions that are held on the Services may be limited to persons above a certain age and within a certain geographical location. Accordingly, we may ask each entrant to provide year of birth, as well as name, address, and email address. Please refer to the specific age requirements for each Promotion as rules may vary.
If we offer the Services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the additional terms and conditions governing the applicable Mobile Application Service (the “Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will we be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Feedback”) provided by you to us is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
Any web site that links to the Services: (a) must not frame or create a browser or border environment around any of the Content of the Services; (b) may link to, but not replicate, the Content; (c) must not imply that SparkNotes or the Services are endorsing or sponsoring it or its products, unless we have given our prior written consent; (d) must not present false information about SparkNotes or its products or services; (e) must not use any SparkNotes trademarks without our prior written permission; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Services for any reason in our sole and absolute discretion.
These Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You may deactivate your account on the Services, at any time and for any reason, at https://www.sparknotes.com/account/cancel.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SPARKNOTES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any dispute or claim arising from, relating to, or connected with these Terms or the Services (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of New York or, where limited by applicable local law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 19, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 19, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification to SparkNotes, Attention: Legal Department to Barnes & Noble Booksellers, Inc. 33 E 17th Street, New York, New York, 10003 and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Section 19, we both agree to the governing law and jurisdiction as set out in Section 20 below.
You are solely responsible for your interactions with other users. We reserve the right, but has no obligation, to become involved in any way with disputes between you and other users.
By accessing the Services, both you and we agree that the laws of the State of New York, without regard to the conflicts of laws principles thereof, will govern these Terms and all matters relating to use of the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringes your rights please see the Barnes & Noble Copyright Policy located at https://www.barnesandnoble.com/h/copyright-policy .
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We may, in our sole discretion, modify these Terms from time to time without notice to you. Each time you access and/or use the Services, you agree to be bound by these Terms. We recommend that you periodically review these Terms so that you are aware of the terms and conditions that apply to your use of the Services and any Content. You agree that such modified Terms will be effective immediately and that we may provide notice to you of any modifications to the Terms by posting them on the Services and/or the Site. Your continued use of the Services after the modified Terms are posted will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Services, including all Content.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you have any questions about these Terms or to receive further information regarding use of the Services, please contact us at:
33 East 17th Street
New York, New York 10003