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Terms and Conditions

Last updated: August 2, 2023

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

 

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Sites”) provided by Lexi Reese for Senate. By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

 

We reserve the right to make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an e-mail, providing a notice through our Site, or by updating the effective date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

 

If you have any questions about these Terms or our Site, please contact us at hi@www.lexireese.com. 

 

  1. PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

 

  1. OWNERSHIP; LIMITED LICENSE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Lexi Reese for Senate or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

  1. TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are trademarks of Lexi Reese for Senate and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

  1. CONSENT TO USE OF DATA AND MOBILE COMMUNICATION; SMS PROGRAM TERMS

You consent to our communicating with you about the Site and Lexi Reese for Senate by SMS, text message, e-mail or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

 

If you subscribe to any text programs that Lexi Reese for Senate makes available, the following terms apply:

 

By subscribing to Lexi Reese for Senate updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at hi@www.lexireese.com. Message and data rates may apply. Neither Lexi Reese for Senate nor the participating carriers guarantee that messages will be delivered. Lexi Reese for Senate may discontinue the program at any time without notice.

 

  1. USER CONTENT

Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Lexi Reese for Senate.

 

If you submit any User Content to Lexi Reese for Senate, including through the Site, you grant Lexi Reese for Senate and its employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and Lexi Reese for Senate.

 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

 

  1. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:

 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Site;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

You may also post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

 

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

 

Enforcement of this Section is solely at Lexi Reese for Senate’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

 

  1. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Lexi Reese for Senate or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Lexi Reese for Senate’s sole discretion. You understand that Lexi Reese for Senate may treat Feedback as non-confidential.

 

  1. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify Lexi Reese for Senate at hi@www.lexireese.com. Please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to Lexi Reese for Senate for certain costs and damages.

 

  1. THIRD-PARTY CONTENT, PRODUCTS, AND SITES

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Lexi Reese for Senate does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

  1. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Lexi Reese for Senate, its employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

 

  1. DISCLAIMERS

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Lexi Reese for Senate does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While Lexi Reese for Senate attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

 

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Lexi Reese for Senate and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. The total liability of Lexi Reese for Senate and its employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Sites.

 

Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

 

  1. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

 

  1. MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

 

  1. SEVERABILITY

If any provision or part of a provision of these Terms is 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.

 

  1. MISCELLANEOUS

The failure of Lexi Reese for Senate to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

 

 

Mobile Messaging Terms & Conditions and Mobile Messaging Privacy Policy

Effective Date: Jul 21 2023

 

Lexi Reese for Senate (hereinafter “We,” “Us,” “Our”) is 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 “Terms”).  By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  These Terms are limited to the Program and are not intended to modify other terms & conditions or privacy policy(ies) that may govern the relationship between you and Us in other contexts.

 

Modification of Terms:  We reserve the right to revise these Terms from time to time.  If we do revise these Terms, the revised terms will supersede prior revisions.  Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms.  Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms.  Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions.  If you do not agree to the revisions, you must opt out of the Program.

 

User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program.  Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program.  By participating in the Program, you agree to receive autodialed 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”).  Message and data rates may apply.

 

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. Alternatively, you may opt out by sending an email to hi@lexireese.com. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

 

T-Mobile and AT&T provide daily files for phone numbers that have deactivated from their network or been ported from one carrier to another. We proactively opt-out deactivated numbers from our subscription list.

 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these Terms.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

 

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive campaign & donation messages concerning Our activities and your relationship with Us, including, but not limited to, messages regarding fundraising, volunteer opportunities, and/or news such as online events, or TV appearances. from Us.

 

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

 

Support Instructions: For support regarding the Program, text “HELP” to 40234 or email Us at hi@lexireese.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.

 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

 

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier.  We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program.  Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control.  T-Mobile is not liable for delayed or undelivered mobile messages.

 

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age.  If you use or engage with the Program 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), 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 Program, or are of adult age in your jurisdiction.  By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.

 

Truthful and Accurate Information:  When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies. 

 

Our Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control.  T-Mobile is not liable for delayed or undelivered mobile messages.

 

Mobile Messaging Privacy Policy: We respect your privacy. This Mobile Messaging Privacy Policy describes any personal information that We collect or receive when you choose to participate in the Program, how We use or disclose your information, and your rights related to your personal information.  This Mobile Messaging Privacy Policy applies to all personal information collected, used, or shared by us when you opt-in to the Program and is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.  Please contact Us if you have any questions about the information in this Privacy Policy.

 

Information We Collect and How We Use It:

 

The personal information We may collect, includes your name, phone number, email address and certain marketing preferences.  We may also collect data with respect to confirmation that a message has been delivered to you, confirmation that you have read a message, and related information. We may use the information for the following business purposes: (1) provide the Program and related customer service; (2) deliver information about Our products, services and promotions, (3) improve the Program and services, (4) prevent fraud and comply with law, and (5) protect the security of Our systems. We may combine the personal information We obtain through your participation in the Program with offline or other online personal information We retain about you.

 

When We Share Your Information: WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR PERSONAL INFORMATION COLLECTED OR RECEIVED THROUGH THE PROGRAM TO ANY THIRD PARTY. However, We may share your personal information with the third-party text messaging platform provider or other trusted service partners as may be necessary to send you messages under the Program and these Terms. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property.

 

Contact Us: To exercise any of your rights related to your personal information, please contact us using one of the following methods:

  • Visit us at https://www.lexireese.com/;
  • Send us an email at hi@lexireese.com; or
  • Write to us at PO Box 620780 Woodside, CA 94062

 

California Residents.  Beginning January 1, 2020, if You are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, You have certain rights with regard to your personal information. This section describes those rights and explains how to exercise those rights.

 

Access to Information. You have the right to request that We disclose certain information to you about Our collection and use of your personal information over the past 12 months. Upon receipt of a verifiable request, we will provide you access to personal information We have collected about you or disclose to you the categories of personal information We have collected, the categories of sources from which We obtained that information, and how We have used or shared that information.

 

Right to Request Deletion. You also have the right to request that We delete any of your personal information that We collected from you and retained, subject to certain exceptions as allowable by law.  You understand that We may deny your deletion request as provided by law, including, but not limited to, retaining the information if it is necessary for Us to:

  • Complete the transaction for which We collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of Our ongoing business relationship with you, or otherwise perform Our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products or identify and repair errors that impair existing intended functionality;
  • Comply with a legal obligation, including, but not limited to, preserving evidence demonstrates our compliance with the Telephone Consumer Protection Act (“TCPA”) during the statute of limitations period applicable to the TCPA; and/or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

To exercise any of your rights related to your personal information, please contact us using one of the methods indicated in the “Contact Us” section above.

 

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Program Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Woodside, CA before one arbitrator.

 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.  Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules.  Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.  In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.  The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.  Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.  The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

 

Miscellaneous: 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 these Terms 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 these Terms unless explicitly stated otherwise in writing.