Terms and Conditions
THIS TERMS OF SERVICE AGREEMENT ("Agreement") is made between equityTradingPost LLC (the "Company", “We”) and any person ("User", “Customer”, “You”) who accesses any content, functionality, and services offered on or through www.equityTradingPost.com (the “Website", “Site”).
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
DESCRIPTION OF SERVICES
All related content, materials and services (collectively, the “Website “or “Site”) is an online resource related to the trading of securities. The Website provides trading information, investment research tools, educational classes and materials, and resources for use by customers and members in connection with their trading activities.
By clicking “I AGREE” and/or using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms of Service, and that these Terms of Service create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms of Service, any terms, conditions or other rules, regulations or policies of equityTradingPost, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site.
If you do not agree with any portion of these Terms of Service, you are prohibited from using or accessing the Site.
Additionally, and without limiting the foregoing, by using or accessing the Site , you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of equityTradingPost, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of the Company, (d) will not violate any rights of the Company, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (e) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
That the content, materials, services and other intellectual property contained or embodied in the Site are owned by the Company and are protected by patent, copyright, trademark and other similar laws;
use the Website to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;
Not to post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to disseminate, store, or transmit viruses or any other malicious code or program;
Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to disseminate, post or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious,
Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms of Service, fraudulent, misleading, malicious, or discriminatory;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks;
Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms of Service;
Not to post or make any defamatory, disparaging, or false statements, claims or allegations related to the Site, Company, or any other product or service of Company;
Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
Not to issue chargeback disputes against Company.
Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to copy, reverse engineer, reverse assemble, otherwise attempt to discover the proprietary source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained through the Software,
Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Company.
Not to share personal information with members or request personal information from members.
Not to engage in any other activity deemed by the Company, in its sole discretion, to conflict with the spirit or intent of this Agreement.
All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
The Company reserves the right to review any User’s account, and to investigate and/or take appropriate action against the User in our sole discretion if the User violates the Acceptable Use Policy or any other provision within these Terms and Conditions. Such actions may be taken by the Company to include removing, modifying, or terminating User’s Account and if necessary, reporting actions to law enforcement authorities.
OWNERSHIP; LIMITED LICENSE
Company grants User, pursuant to the terms and conditions of this Agreement, a nonexclusive and nontransferable license to use the Site. User may not redistribute or sublicense the Site or use the Site on behalf of any third party.
The User acknowledges that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Website and its content, whether provided by You, the Company, or Company’s vendors, are owned by Company or Company’s vendors.
TERMINATION OF SERVICES
Company reserves the right to investigate violations of any of these Terms of Service or any other policies of Company or the Site, or any other violations of any state, federal or local law, rule, or regulation, and to pursue any remedy available to Company whether at law, in equity or otherwise. You hereby acknowledge and agree that Company may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms of Service or any other policies of Company or the Site, and any other violations of any state, federal or local laws, rules or regulations.
You further acknowledge and agree that Company has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Company may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms of Service or otherwise posts, submits, or disseminates content that Company finds, in its sole discretion, to be objectionable.
You acknowledge and agree that Company may, in its sole discretion, cancel, suspend, or terminate your account if you breach these Terms of Service. The Company may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
FEES AND PAYMENTS
You hereby consent to, acknowledge, and allow equityTradingPost to store (or a third party to store on behalf of the Company) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service will be charged to such credit card.
All subscriptions are automatically renewed within five (5) business days of the expiration date and charged the amount of the Site’s then-current pricing schedule.
If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, equityTradingPost may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications.
You hereby authorize us to charge such credit card for all fees and renewable fees (i.e., subscription services) specified at the time of registration.
All payment obligations are non-cancelable, and fees paid to Company in connection with any product purchased or account or service, and renewal thereof, are non-refundable. The Company does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction, or your failure to cancel your account or service prior to its automatic renewal.
The Company does not offer refunds due to having immediate access to exclusive content. However, in extreme circumstances the Company may issue a refund if trade alerts are not provided within the first 4 weeks of the initial subscription period.
Fees do not include any taxes, duties, levies, or charges of any kind assessable by any governmental authority. If the Company is legally required to pay or collect any taxes for which you are responsible hereunder, the Company may bill and collect such amounts from you in addition to the amounts otherwise payable hereunder.
Please note that you can cancel your membership at any time. You can continue to use the subscription until the end of the period you paid for.
MODIFICATIONS TO SITE AND PRICING
equtityTradingPost reserves the right to, and you acknowledge and agree that the Company may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice.
Without limiting the generality of the foregoing, the Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms of Service and may result, in Company’s sole discretion, to a price increase. The Company shall not be liable to you, or to any third party, for any damages, costs, expenses, or other liabilities related to any modification, price change, suspension, or discontinuance of the Site.
Without limiting the foregoing, equtityTradingPost may use banner notices or similar devices to alert you to certain modifications to the Site. You also agree the Company may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site.
CANCELLATIONS / REFUNDS
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term. If you cancel, you are solely responsible for properly cancelling your account or service.
You must cancel the subscription at least one day before the scheduled date of the next payment to avoid a charge.
Your account can be cancelled by accessing your Account on the Site and/or providing written communication via email to equityTradingPost@gmail.com. Cancellation requests received by email will be processed within 24 hours of when the request is received.
Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective.
The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. The Company may retain data, content, or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
GENERAL DISCLAIMER OF WARRANTY
THE DATA, CONTENT, TOOLS, PRODUCTS OR SERVICES ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, RELIABILITY OR TRANSMISSION OR RESPONSE TIME, DATA ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE IS AT USER'S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, COMPLETE OR TIMELY, OR THAT DEFECTS WILL BE CORRECTED, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE INFORMATION FOUND ON THE WEBSITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY COMPANY HEREBY.
COMPANY MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WITH REFERENCE TO THIRD PARTY VENDOR/BROKER SOFTWARE, DATA AND/OR SERVICES.
EQUITYTRADINGPOST EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
equityTradingPost is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, the Company relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, the Company does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this and/or associated websites is provided for informational and educational purposes only. The information should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by the Site and other products and services of the Company are solely incidental to the business and activities in providing educational services.
You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. equityTradingPost does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge, and agree that equityTradingPost employees are not authorized to give any such advice; you will neither solicit nor rely on any investment advice from any equityTradingPost employee. The Company recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed, and qualified financial, legal, tax, estate planning and accounting advisors.
Any use of third-party service provided in connection with the Site will be governed by such third parties' licenses and terms and conditions, not by this Agreement.
COMPANY MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WITH REFERENCE TO THIRD PARTY’S SOFTWARE, DATA, AND/OR SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Data, content and information presented or available by third-party providers is not independently verified or assess or guaranteed for the validity, adequacy, timeliness, accuracy or completeness of any such data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. The Company does not control and do not endorse any such data, content or information, and neither assumes responsibility for nor guarantee the validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of such data, content or information. We do not represent or warrant, and hereby disclaim, any representations or warranties of validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of such data, content or information.
All such data, content or information is for informational purposes only and does not constitute advice or a recommendation by Company to enter any securities transactions or engage in any financial strategies based upon such data, content or information. All such data, content and information are historical and subject to revision or change at any time, and Company disclaims any obligation to timely update such data, content or information.
You understand, acknowledge and agree that your use of any third-party content is at your own risk, and the Company expressly disclaims all responsibility for any such data, content or information, and responsibility for any decisions based on such data, content or information, or for purchasing or selling any security or engaging in any investment or transaction, based on such data, content or information. You bear sole responsibility for your own investment research and decisions and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or engaging in any investment or transaction.
Activities of Company Personnel
equityTradingPost, and its directors, officers, shareholders, employees, agents and affiliates, may be active investors and traders of securities. Such parties may not, are not required to purchase or sell any security, or engage in any investment strategy contained in any data, content or information on the Site or in the other products or services of the Company. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. The Company’s personnel adhere to their unique individual plans developed and implemented by them with or without the Company, and experiences will not be duplicated and are not typical.
Company does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to affect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.
Investments and Results
The User understands and acknowledges that there is a very high degree of risk involved in trading securities. Futures, equities, and options trading have large potential rewards, but also large potential risk. The User understands and is aware of the risks and is willing to accept them in order to invest in futures, securities, equities or options markets. In addition, the User is responsible for completing an independent review and determine their acceptance and suitability of these risks and the financial and tax consequences thereof. The User should not trade with money they can’t afford to lose. There is substantial risk involved in trading and it is not suitable for all investors.
The content and information contained on the Site and in other products and services of the Company, do indicate or guarantee any profitable, general, specific or other results. The purchase and sale of securities and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of investment.
As more fully set forth herein, Company, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guarantee as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review, and confirm any such data, content, or information.
Company may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance or any representation, warranty or guarantee that any result will be obtained by you. Your results may differ materially from those expressed or utilized by Company due to a number of factors.
By accepting the Terms and Conditions, the User acknowledges the risks associated with trading.
In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning the use of endorsements and testimonials in marketing and advertising, please be aware of the following:
Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of equityTradingPost. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real-life experiences of customers or members, and are not representative of the results and performances of all customers and members.
We do not track the typical results of our services. As a provider of educational information, we do not have access to the personal trading accounts or brokerage statements of our customers.
The Site and other products and services of Company may contain links to other websites or applications. Company does not endorse any products or services linked on the Site. Company is not responsible for the content of any such linked website. equityTradingPost does not exercise control over third party websites. Your use of links to other websites is at your own risk. The Company is not responsible for third party sites linked from the Site or other products and services of third-party, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR THIRD-PARTIES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES PROVIDED BY COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE TOTAL FEES PAID BY YOU THREE (3) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR VENDORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
User agrees to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents, and its affiliates and their respective directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: arising from or related to your (a) breach of a representation or warranty contained in these Terms of Service, (b) breach of, or failure to comply with, any term contained in these Terms of Service, (c) use of the Site or any products or services of equityTradingPost, or (d) use of, access to or other activity engaged in, on, through, related to or in connection with the Site. This indemnification will survive the termination of this Agreement.
Company shall have the right to use and disclose any information provided by you through the Site or other products and services of the Company (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of the Company. In no event shall you be entitled to any compensation for the use of any of such information.
Company may make changes to the Site and the other products and services of Company at any time without notice. Company does not, however, make any commitment to update the Site, and the other products and services of Company.
This Agreement is made in and shall be governed by the laws of the State of Texas without reference to any conflicts of laws. Any and all disputes relating to or arising out of this Agreement including, but not limited to, the arbitrability and the validity of this Agreement shall be resolved by binding arbitration in Texas.
The Site and the other products and services of Company are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of Company, from other locations, do so at their own risk and are responsible for compliance with all laws, rules and regulations applicable thereto. Company reserves the right to limit the availability of the Site and any other products or services of Company, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service will not be affected in any way.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
You agree that these Terms of Service constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of Company, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service. The provisions of these Terms of Service shall survive any termination thereof indefinitely.
Questions about these Terms of Service should be addressed to email@example.com.