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10. Privacy Policy

At MoogX / DsMenu, MoogX ('Company'), we respect your need for online privacy and protect any personal information, including but not limited to any 'personal data' defined in applicable data protection laws and regulations that you may share with us, in an appropriate manner. Our practice with respect to use of your Personal Information is as set forth below in this privacy policy.

As a condition to the use of Company’s products, services, websites and apps, you consent to the terms of the Privacy Policy Statement as it may be updated from time to time. We refer to those products, services, websites and apps collectively as the 'Company Services' in this policy.

References to 'data' in this Privacy Policy will refer to whatever data you use our services to collect, whether it be media assets, data collected in a form, or data inserted on a site hosted by us – it’s all your data! References to personal information, means information about you personally that we collect or for which we act as custodian.

INFORMATION WE COLLECT:

Contact Information

During the Lead registration process and for Account Management, we request your name, email address, telephone number, company name, company address and position within the company.

During the User Account Registration process we request for your name and email address.

We post user testimonials on our website. These testimonials may include names and other Personal Information and we acquire permission from our users prior to posting these on our website. Company is not responsible for the Personal Information users elect to post within their testimonials.

How you use our services

Your usage details such as time, frequency, duration and pattern of use, features used will be recorded by us in order to enhance your experience of the Company Services and to help us provide you the best possible service.

We collect the Internet Protocol address, browser type, browser version, browser language, operating system, timezone, features accessed, errors generated for users of Company Services.

We store and maintain media assets, playlists, layouts and other data stored in your user account at our data centers provided by Google and Amazon Web Services.

Payment Information

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your financial information will not be stored by us except for the name and address of the card holder, the expiry date and the last four digits of the credit card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in encrypted form on secure servers of our reputed Payment Gateway Service Provider who is beholden to treating your Personal Information in accordance with this Privacy Policy.

Cookies and Other Tracking Technologies

We use temporary and permanent cookies to enhance your experience of our Company Services. Temporary cookies will be removed from your computer each time you close your browser.

We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences between user sessions e.g. how you have our user interface configured.

Various browsers may offer their own management tools for removing HTML5 LSOs.

Log Data

Like most websites today, our web servers keep log files that record data each time a device accesses our servers. The log files contain data about the nature of each access, including originating IP addresses, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.

How we use the information we collect

We process personal data about you either with your consent or in order to:

• Fulfill our contractual responsibility to deliver the services to you
• To pursue Company legitimate interests of:
• Improving service experience
• Developing new products and service features

In each of the instances where we describe how we use your data in this privacy policy, we have identified which of these grounds for processing we are relying upon.

You have consented to us using certain types of cookies on our websites.

We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this privacy policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used.

Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.

Contact Information

We use contact information to transact with you commercially, respond to your inquiries, send you information as part of the services, and send you marketing information (for as long as you do not opt-out).

We use your email address to send you marketing (newsletters), unless you indicate a preference to opt-out and for general updates on your account. You can opt out of marketing communications at any time by clicking on the 'unsubscribe' link in them.

How you use our services

We use information about how you use our services to improve our services for you and all users.

We collect information about the types of features you use and the type of industry you work within to build a profile about you so as to help direct you to other relevant features and services we offer and help you in using our services, for example by making recommendations for you to optimize use of our services.

We use the Internet Protocol address, browser type, browser version, browser language, operating system, timezone, features accessed, errors generated, and other visitor details collected in our log files to analyze the trends, administer Company Services, track visitor’s movements and to improve our services. We link this automatically collected data to other information we collect about you.

In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after deletion or termination of your user account.

We may retain and use your Personal Information and data as necessary to comply with our legal obligations, resolve disputes, and enforce our rights. We assure you that the contents of your user account will not be disclosed to anyone and will not be accessible even to employees of Company except in circumstances specifically mentioned in this Privacy Policy, the Terms of Services or in the Data Processing Addendum.

Service and Marketing uses

We use your data to market our product updates, news, events and changes to this privacy policy.

To manage our services we will also internally use your information and data, for the following limited purposes:

• To enforce our agreements where applicable
• To prevent potentially illegal activities
• To screen for and prevent undesirable or abusive activity

Legal uses

To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Your Account Information

We need to use your account data to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.

Your Profile

We process other aspects of your account information (like the personal information you provide about your job, your job title, and your marketing preferences) for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you to optimize your use of the services we offer.

You can object to us using your data as described above but our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data.

Information we share

We do not share your information or data with third parties outside Company except in the following limited circumstances:

• To help us provide certain aspects of our services we use our affiliates and trusted key partners – in particular, we engage third parties to:
• Manage our sales and customer support services to you
• Facilitate customers in making credit card payments
• Deliver and help us track our marketing and advertising content
• Help us track website conversion success metrics
• Help us track the use of Company Services for the purpose of improvement

We enter into confidentiality / data processing terms with partners to ensure they comply with high levels of confidentiality, best practice in privacy and security standards. We regularly review these standards and practices.

The data shared with our 3rd parties may not be stored at the same locations that Company Services are provided from and this maybe outside of the EU. On your instructions, we share your information or data if you choose to use an integration in conjunction with Company services, to the extent necessary to facilitate that use.

We also have to share information or data in order to:

• Meet any applicable law, regulation, legal process or enforceable governmental request.
• Enforce applicable policies, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of our users, the public or to Company and/or as required or permitted by law.

Security

We adopt industry appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your user account.

Access to your name and email address is restricted to our employees who need to know such information in connection with providing Company Services to you and are bound by confidentiality obligations.

Data Retention

We do not delete data from Company Services unless you request us to do so. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after deletion or termination of your user account.

Safety of Minors

Our services are not intended for and may not be used by minors. 'Minors' are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). Company does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support at info@dsmenu.com.

Links from our website

Some pages of our website contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the Privacy Policy of such other websites.

Changes to our Privacy Policy

We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.

Your rights

Upon request and once we have verified your identity we will provide you with information about whether we hold any of your Personal Information. Users who wish to correct, update or remove any Personal Information including those from a public forum, directory or testimonial on our site may do so either by accessing their user account or by contacting Company Customer Support Services at info@dsmenu.com. Such changes may take up to 48 hours to take effect. We respond to all enquiries within 30 days.

We reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive.

Exercising your rights

Our Contact Information for Privacy Inquiries:

MoogX
199 N Arroyo Grande Blvd,
Henderson, NV 89074
info@dsmenu.com
tel 904-310-4363

Enforcement of Privacy Policy

We make every effort, including periodic reviews to ensure that Personal Information provided by you is used in conformity with this Privacy Policy. If you have any concerns regarding our adherence to this Privacy Policy or the manner in which Personal Information is used for the purpose of providing Company Services, kindly contact Company Customer Support Services at info@dsmenu.com. We will contact you to address your concerns and we will also cooperate with regulatory authorities in this regard if needed.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Intellectual Property Ownership and Licensing

All MoogX/DsMenu templates, designs, and digital assets available through our platform are the exclusive property of MoogX/DsMenu and are protected under U.S. and international copyright laws. Users are granted a limited, non-exclusive, revocable license to use MoogX/DsMenu templates only while maintaining an active subscription. Upon termination or expiration of a subscription, users must cease all use of MoogX/DsMenu templates and delete any downloaded or derivative works created using MoogX/DsMenu templates.

Unauthorized Use and Enforcement

Any unauthorized use, reproduction, distribution, or modification of MoogX/DsMenu templates outside the scope of an active MoogX/DsMenu subscription constitutes a violation of MoogX/DsMenu’s intellectual property rights and will be subject to legal action, including but not limited to:

• DMCA Takedown Requests against websites, social media platforms, and print services using MoogX/DsMenu-protected content without authorization.
• Cease-and-Desist Notices for unauthorized commercial use of MoogX/DsMenu templates.
• Legal Claims for Copyright Infringement, seeking damages and injunctive relief where applicable.

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information to locate the material.
• Contact information for the complaining party (address, phone number, email).
• A statement of good faith belief that the material is not authorized for use by the copyright owner.
• A statement, under penalty of perjury, that the information in the notification is accurate.

Counter Notification

If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a Counter Notification to our Designated Copyright Agent.

A Counter Notification must include:

• Identification of the removed material and its previous location.
• A statement consenting to the jurisdiction of the Federal District Court.
• A statement agreeing to accept service of process from the original complainant.
• Your name, address, and telephone number.
• A statement under penalty of perjury that the material was removed due to mistake or misidentification.
• Your physical or electronic signature.

If a valid Counter Notification is received, we will restore the removed material unless the original claimant files a court action within 10 business days.

Termination of Repeat Infringers

MoogX/DsMenu reserves the right to terminate accounts of users who repeatedly violate our intellectual property policies, including unauthorized use of MoogX/DsMenu templates after their subscription ends.

Designated Copyright Agent

MoogX
Attn: Copyright Agent
199 N Arroyo Grande Blvd
Henderson, NV 89074
Email: info@dsmenu.com
Phone: 904-310-4363

12. TERM AND TERMINATION

The TOS shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THE TOS, 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 IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THE TOS, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION, INCLUDING WITHOUT LIMITATION BREACHES OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE TOS.

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 CONSIDER THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THE ABOVE.

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.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Content or the Services from time to time to comply with new laws or regulations or to update our offerings. We also reserve the right to modify or discontinue all or part of the Services if Company were to close down or if we decide to change Company’s business offering. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, Services, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services from time to time and will endeavor to give you notice of such changes. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

Nothing in the TOS will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

The TOS and your use of the Services are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to the TOS (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration or litigation (as applicable per below). Such informal negotiations commence upon written notice from one Party to the other Party.

For our customers based in the United States, the following will apply:

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, NV. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, NV, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from the TOS.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

For our customers based outside of the United States:

If the Parties are unable to resolve a Dispute through informal negotiations as set out in this Section (see Informal Negotiations above), you hereby agree to the exclusive jurisdiction of the courts of Clark County, NV, in relation to any dispute which may arise in connection with the TOS and/or your use and receipt of the Services.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Services OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) 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 WEBSITE 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 THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR COMPANY’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF US$100.

CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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 contributions; (2) use of the Services; (3) breach of the TOS; (4) any breach of your representations and warranties set forth in the TOS; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby agree that you shall independently back up all your data and waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website or 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.

22. AFFILIATE GUIDELINES

Affiliate Guidelines not applicable.

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