Terms & Conditions
Last Updated: January 15, 2021
- Representations and Warranties.
- Disclaimer of Warranties.
- Limitation of Liability.
- Your Responsibilities and Liabilities.
- Updating Your Personal Information.
- Spamming and Solicitation.
- Not Intended For Children.
- Electronic Signatures.
- Intellectual Property.
- Trademark Notice.
- Copyright Notice.
- Designated Agent and Digital Millennium Copyright Act.
- License and Reproduction.
- Operated from the U.S.
- Submissions of Unsolicited Ideas.
- Visitor Submissions.
- Aggregated Data.
- Assessments, Recommendations, Plans, Availability.
- Export Controls.
- Contact Us.
- Entire Agreement.
- Governing Law.
- Legal Action
- WAIVER OF JURY TRIAL AND CLASS ACTION.
BY CLICKING THE “SIGN UP” BUTTON AND/OR BY USING OR ACCESSING THE SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SITE. The Terms are in addition to any other agreements between you and Company, such as the terms applicable to your specific insurance or financial services product.
You represent and warrant that all information you provide to Company in connection with the Site or Content is accurate, current, and complete. You shall not misrepresent your identity or account information. You shall keep account information secure, up to date, and accurate.
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (“CONTENT”), INCLUDING (WITHOUT LIMITATION) PRODUCTS, AND SERVICES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY, AND ITS SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND ABOUT THE SITE OR CONTENT, INCLUDING RELATING TO ITS ACCURACY OR AVAILABILITY. THERE ALSO ARE NO REPRESENTATIONS OR GUARANTEES.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO THE SITE, THE CONTENT, AND ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEBSITE”). COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.
COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE OR CONTENT WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT MAY RESULT.
The information, products, software, or service descriptions published on the Site or a Linked Website may include inaccuracies or typographical errors. Company disclaims liability for such errors and does not warrant or represent that the content on the Site or a Linked Website is updated or complete. Company has no obligation to update any content on the Site and may change or improve the Site at any time without notice.
Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Company.
Company makes no representations, warranties or guarantees that the Site will be accessible continuously and without interruption or errors.
The Site does not, and is not intended to, provide professional advice. The Site and Content are provided as strictly educational in nature.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
THROUGH THE SITE, YOU MAY HAVE THE ABILITY TO ARRANGE FOR THIRD PARTY REPAIR PROFESSIONALS TO PERFORM CERTAIN WORK. COMPANY DOES NOT HAVE CONTROL OVER ANY SUCH THIRD PARTY REPAIR PROFESSIONALS AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RELATE TO THE ENGAGEMENT OF SUCH THIRD PARTY REPAIR PROFESSIONALS, INCLUDING BUT NOT LIMITED TO INCOMPLETE OR DEFECTIVE WORK, NEGLIGENCE, GROSSLY NEGLIGENT ACTS OR OMISSIONS OF SUCH THIRD PARTY REPAIR PROFESSIONALS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES ANY LOST PROFITS, GOODWILL, DATA OR OTHER LOSSES, COSTS OF OBTAINING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED COMPANY ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS ALSO INCLUDES ANY CLAIMS BY YOU OR ANY THIRD PARTIES ARISING OUT OF (OR IN ANY WAY RELATED TO) THE ACCESS, USE, OR CONTENT OF THE SITE OR A LINKED WEBSITE OR ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE. THIS APPLIES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
THIS LIMITATION ON LIABILITY INCLUDES (BUT IS NOT LIMITED TO) (i) TRANSMISSION OF VIRUSES THAT INFECTS A USER’S EQUIPMENT, (ii) MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, (iii) FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, (iv) UNAUTHORIZED USE OR ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, STATEMENTS OR CONDUCT OF ANYONE ON THE SITE, OR ANY FORCE MAJEURE EVENT, AND (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS, OR RISK INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR APPLICATION OF ANY OF THE CONTENT ON THIS SITE.
You agree not to use the Site or Content in any way that would: (i) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Site to impersonate another person or entity; (ii) violate any law, statute, ordinance, or regulation (including without limitation those governing licensing and permitting requirements, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) create liability for Company or cause Company to lose the services of our service providers; (iv) access the information and content programmatically by macro or other automated means; or (v) use the Site in such a manner as to gain unauthorized entry or access to computer systems.
Company has the right to deny you access and use of the Site and its Content if you violate (as Company may determine in its sole and absolute discretion) any provision of the Terms. Company may seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify, and hold Company, including its third-party service providers, their officers, directors, employees, and agents, harmless from any claim or demand (including reasonable legal fees) made by a third party arising out of or relating to the Site or any of its Content. This includes your breach of the Terms, your violation of applicable laws, your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone, or any other rights of any third party. You are solely responsible for your use or access to the Site. You are solely responsible for the security and confidentiality of your login credentials, preventing unauthorized access to your information or your use of the Site, and all activities that occur under your account.
COMPANY DOES NOT HAVE CONTROL OVER THE MEANS, METHODS OR MANNER OF ANY REPAIR OR MAINTENANCE WORK, INCLUDING BUT NOT LIMITED TO PARTICIPATION IN ISSUE DIAGNOSIS, THAT YOU MAY CHOOSE TO UNDERTAKE OR PERFORM. COMPANY IS NOT SUPERVISING, COORDINATING, OR DIRECTING ANY WORK, INCLUDING BUT NOT LIMITED TO ISSUE DIAGNOSIS, THAT YOU CHOOSE TO UNDERTAKE OR PERFORM. COMPANY IS NOT AN ACTIVE PARTICIPANT IN THE HOME MAINTENANCE OR REPAIR WORK, INCLUDING BUT NOT LIMITED ISSUE DIAGNOSIS, THAT YOU CHOOSE TO UNDERTAKE OR PERFORM. YOU AGREE THAT ANY SUCH WORK THAT YOU UNDERTAKE OR PERFORM IS DONE VOLUNTARILY AND WITH THE UNDERSTANDING THAT IT IS BEING DONE AT YOUR SOLE DISCRETION AND RISK, AND THAT YOU HAVE THE REQUISITE AUTHORITY TO UNDERTAKE AND PERFORM SUCH WORK. FURTHER, COMPANY AND ITS EMPLOYEES AND CONTRACTORS MAKE NO WARRANTIES ABOUT THE INFORMATION, NO GUARANTEE OF RESULTS, AND ASSUME NO LIABILITY IN CONNECTION WITH THE INFORMATION PROVIDED ON THE SITE OR THROUGH THE ASSOCIATED SERVICES. YOU EXPRESSLY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS, DEMANDS, COSTS, LIABILITIES, CAUSES OF ACTION, SUITS, WHETHER IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN, FIXED, OR CONTINGENT, LIQUIDATED OR UNLIQUIDATED, AGAINST COMPANY ASSOCIATED WITH YOUR USE OF THE SITE AND THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO THOSE THAT MAY BE PROVIDED BY THIRD PARTY REPAIR PROFESSIONALS ARRANGED THROUGH THE SITE, OVER WHOM COMPANY HAS NO CONTROL.
IT IS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL APPLICABLE LOCAL, STATE, OR FEDERAL CODES, LAWS, RULES AND REGULATIONS, AND TO MAKE YOUR OWN DECISIONS ABOUT YOUR RESIDENCE AND ITS REPAIR AND MAINTENANCE. HOME MAINTENANCE AND REPAIR WORK, INCLUDING BUT NOT LIMITED TO ISSUE DIAGNOSIS, CARRIES THE RISK OF PROPERTY DAMAGE, BODILY INJURY, AND DEATH. BY CHOOSING TO COMPLETE ANY SUCH MAINTENANCE OR REPAIR WORK, INCLUDING BUT NOT LIMITED TO ISSUE DIAGNOSIS, YOU ARE DOING SO VOLUNTARILY AND AT YOUR OWN RISK.
You are responsible for telling Company if you have changed your personal information, such as your name, telephone number, mailing address, email address, or other personal information. You may update your personal information through our website(s) or by calling Company at 1-510-399-1306.
You may not use any information obtained from the site for spamming or solicitation.
The Site is not intended for children ages 17 and younger. You must be at least 18 years of age and reside in the U.S.A. to use the Site. You hereby represent that you are at least 18 years of age and that you have the power and authority to agree to these Terms.
Our Electronic Delivery Agreement, which is incorporated herein by this reference, describes your use of electronic records and signatures.
Intellectual property is protected by copyrights, trademarks, service marks, international treaties, or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any additional trademark or copyright notices or restrictions contained in the Terms.
You acknowledge and agree that the access to the Site and its Content is provided under license, and are not sold, to you. You agree that Company retains all ownership and proprietary rights in the Site, associated content, technology, mobile applications, and websites. The Terms grant you no right, title, or interest in Company’s intellectual property and create no relationship between you and Company. You may address all inquiries concerning use of Company’s intellectual property to: Nationwide Office of General Counsel, Marketing and Intellectual Property Legal Team, One Nationwide Plaza, Columbus, OH 43215-2220 (email address: firstname.lastname@example.org).
The trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”) displayed on the Site are the property of Company, unless otherwise disclosed. You are prohibited from using any Marks for any purpose (including, but not limited to, use on other materials, in presentations, as domain names, or as metatags), without the written permission of Company.
anew and anew by Nationwide are service marks of Nationwide Mutual Insurance Company.
© 2021 Nationwide Mutual Insurance Company. All rights reserved.
Except for the limited rights expressly set forth in Section 15 below, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of Company.
If you are a copyright owner or an agent thereof of a work protected by a United States copyright that has been linked to, posted, or stored on the Site without authorization and you believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, including a URL (if applicable). If multiple copyrighted works at a single online site are covered by a single notification, please provide a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (or access to which is to be disabled). Please provide information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- A statement that the information in the notification is accurate (under penalty of perjury) and that you are authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed
Please direct copyright infringement notifications to:
Marketing and Intellectual Property Legal Team
1-32-305, One Nationwide Plaza
Columbus, OH 43215-2220
email@example.com (the “Copyright Agent”)
You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
If you believe that your content that was removed, or to which access was disabled, from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter notice containing the following information to the Copyright Agent:
- Your physical or electronic signature
- Identification of the content that has been removed (or to which access has been disabled) and the location where the content appeared before it was removed or disabled
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content
- Your name, address, telephone number and email address
- A statement that you consent to the jurisdiction of the federal court in Columbus, Ohio
- A statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter notice is received by the Copyright Agent, Company may send a copy of the counter notice to the original complaining party informing them that Company may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced (or access to it restored) in 10 to 14 business days. Replacing or restoring content is at Company’s sole discretion and could take longer than 14 business days.
Original materials of Company posted on the Site are protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited, and revocable right to access, use, display and navigate the Site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of the Site or any of its Content is strictly prohibited without written permission from Company.
Except as expressly provided above, no portion of the Site, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Company (collectively, the “Intellectual Property”) displayed on the Site or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed (whether electronically, mechanically, by photocopy, recording, or otherwise), without prior written permission from Company. Use of any Company trademarks as metatags on any third-party website is strictly prohibited. You may not co-brand the Site or display the Site in frames (or any of the Content through inline links) without prior written permission from Company. “Co-brand” means your display of any of the Intellectual Property (or your taking of other means of attribution or identification of Company) in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with Company in causing any unauthorized co-branding, framing or linking to immediately cease.
From time to time, Company may authorize Linked Websites to or from the Site. Linked Websites are controlled and operated by third parties, not by Company. Company makes no representations, and disclaims all liability as to the content or material available at those locations, the accuracy of information, and the quality of products or services provided or advertised on Linked Websites. The fact that Company authorizes Linked Websites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Linked Websites, its owners, sponsors or providers.
Company operates the Site from its offices within the United States. Company does not represent that Content on the Site is appropriate or applicable for use in any other country. Access from certain countries other than the United States may be strictly prohibited. You are accessing the Site on your own initiative and at your own risk. You are responsible for compliance with all laws.
Company values your feedback. However, Company asks that you not submit to us any suggestions, materials, ideas, or creative concepts for new, modified, or different products or services through the Site. Company makes this request to avoid confusion in the future regarding the origin of the concept, product, or service.
If, despite our request that you not send us any creative materials, you still send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), such Information shall be deemed by Company to be (and shall remain) the property of Company. None of the Information shall be subject to any obligation of confidence on the part of Company. Also, Company shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Company shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever (commercial or otherwise), without compensation to the provider of the Information.
All communications initiated by you (also defined herein as a “Visitor”) and made to or through portions of the Site that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions.”
Visitor Submissions will not be accepted that infringe in any manner on the copyright, trademark, or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary, or trade-secret information of any individual or entity, or that may violate the legal rights of any person or entity in any jurisdiction or locale. You may not submit materials that are (or purport to be) the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.
Visitor Submissions become the property of Company. You grant Company a non-exclusive, royalty-free, perpetual, irrevocable, fully-transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, and reformat Visitor Submissions as necessary, and for any purpose, anywhere in the world, including into those forms that may constitute advertising. If you submit a Visitor Submission, you are also hereby granting to Company the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submission.
Visitor Submissions used, displayed, or propagated by Company or others licensed by Company to use Visitor Submissions may be attributed to you unless the visitor has expressly requested anonymity. Company may, in its sole discretion, select among the Visitor Submissions for the most appropriate material to be used. Company may remove Visitor Submissions from the Site in its sole discretion, but is not obligated to do so.
Visitors shall not redistribute or reproduce elsewhere Visitor Submissions in any manner or in any media, including re-submitting or republishing any Visitor Submission on any other site not affiliated with Company.
OUR SITE MAY OFFER YOU ASSESSMENTS, RECOMMENDATIONS, TIPS, OR PLANS. THESE ASSESSMENTS, RECOMMENDATIONS, OR PLANS ARE FOR INFORMATIONAL PURPOSES ONLY. THEY MAY CONTAIN ERRORS. THEY ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE INFORMATION AVAILABLE THROUGH OUR SITE.
When using the Site, you may incur technical or other difficulties. Company is not responsible for any technical or other difficulties or any resulting damages that you may incur. Company reserves the right to change, suspend, or discontinue any or all of the Site or Content at any time without prior notice.
You may not use, export, or re-export the Site or its Content except as authorized by United States law. You shall comply with all applicable laws, including with U.S. Export Administration Regulations (15 CFR, Chapter VII). You will not export or re-export the Site or its Content, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to believe will utilize the Site or its Content in the design, development, or production of nuclear, chemical or biological weapons. You acknowledge that the Site and/or Content may include technical data subject to export and re-export restrictions imposed by U.S. law.
You represent and warrant that your use of the Site and Content is in compliance with United States laws applicable to export controls, including, without limitation, U.S. Department of Treasury’s Office of Foreign Asset Control requirements and prohibitions relating to programs, jurisdictions, and individuals.
Company may change the Terms from time to time by posting changes on the Site, or a website or app that replaces the Site, prior to the change becoming effective, or by notifying you via your account, app, or email. You agree to be bound to any changes to these Terms thirty days after they are revised or when you use the Site after any such change is posted, whichever is sooner. Company may at any time and for any reason change or discontinue all or any portion of the Site, its features, or the third-party services that are available through the Site by posting on this Site about those changes.
Company may terminate these Terms or suspend or limit your account, the Site, or use of the Site or Contents immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you shall cease use of the Site and Content.
Provisions that by their nature should survive termination of these Terms must survive termination, including, without limitation, indemnification (your responsibilities and liabilities), disclaimer of warranties, and limitation of liability. The licenses provided by you to Company, your obligations, and your authorizations described herein survive the termination of the Terms.
If you have any questions or concerns about the Terms, you may Company at 510-399-1306 or at :
NW Next, LLC
One Nationwide Plaza
Columbus, OH 43215
Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between Company and you with respect to your access to and use of the Site and its Content. The Terms replace all prior understandings between us.
You may not assign or transfer these Terms. Any assignment or transfer in violation of these Terms is void.
The Terms are governed by (and construed in accordance with) the laws of the United States and the State of Ohio. You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non conveniens.
You agree that no action, suit, proceeding at law or in equity shall be brought arising out of relating to your use of the Site or these Terms unless it is commenced and process is served within one (1) year after the cause of action for which suit is brought arises. If the limitation set forth in this section is prohibited by applicable law(s), then this limitation shall be deemed amended to agree with the minimum period of limitation permitted by such applicable law(s).
WITH RESPECT TO ANY DISPUTE WITH COMPANY OR OUR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
If any portion of these Terms is found to be unenforceable, the remaining sections of the Terms will remain in effect.
Failure by Company, in any instance, to exercise any of its rights under the Terms will not constitute waiver of such right or any other rights under the Terms.