Last Modified: June 10, 2020

Welcome to Ship Anon! The website located at www.shipanon.com (the “Website” or “Site”) is owned and controlled by Ship Anon (the “Company,” “We,” “Us,” or “Our”) a company formed in accordance with the laws of the State of Illinois. These Terms and Conditions as set forth herein govern your access and use of the Website and Services offered by the Company.

1. Acceptance of Terms

By accessing our Website, signing up for a User Account, or otherwise using the Services provided by the Company, you agree to be bound by the following Terms of Service.

These Terms of Service, along with our Privacy Policy, are collectively referred to as the “Agreement” or the “Terms.” Any reference in this Agreement to “You,” “Your” or “User” refers to you, an individual who signs up for a User Account or otherwise uses the Services and any reference to the “Company,” “We,” “Us” or “Our” refers to Ship Anon.

PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICE.

2. Additional Terms

The Company reserves the right in its sole discretion to offer new services that may require you to agree to additional terms and conditions as specified by us from

time to time. Your use of such new Services will be subject to applicable additional terms and conditions. In the event of any conflict between these Terms and such additional terms and conditions, the latter shall prevail.

3. Eligibility

You may only use our Service if you have the legal capacity to enter into a binding contract with the Company in compliance with applicable laws. If you are under the age of eighteen (18) years, you are strictly prohibited from accessing our Website.

If you enter into this Agreement on behalf of another person, or if any other person has an interest in a Parcel that uses our Smart Lockers or in-store pick-up service offered by our Business Partners, you represent to the Company that you have the authority and capacity to enter into this Agreement on behalf of such other person and to bind them to this Agreement.

4. Key Terms

Unless expressly stated otherwise, the following capitalized terms whenever used in this Agreement shall have the meaning as defined hereunder:

Account Holder means a User who registers for a User Account on the Website;

Business Partners means retailers who either provide smart lockers at their location or offer an In-store collection service;

In-store collection means the service that enables Users to collect their Parcel in-store from a Business Partner location of their choice;

OTP or One-time-code means the access code sent by the Company to the User’s email address which enables the User to unlock their smart locker;

Parcel means any form of package and its content as delivered to the smart locker or to a Business Partner location for In-store collection;

Package Number means the Universal Product Code associated with the Parcel;

Service refers to the fully integrated method of privacy as designed by the Company for protecting Users’ payment information as well as having Users’ online purchases delivered anonymously to a Smart Locker or Business Partner location for In-store collection;

Shipping Service Provider refers to the courier or postal service operator that delivers a User’s Parcel to a Smart Locker or Business Partner location for In-store collection;

Smart Locker means an access-controlled storage unit where a User’s Parcel can be delivered and stored in accordance with the provisions of this Agreement;

Smart Locker Purchase refers to the purchase of a one time use of a Smart Locker or In-store collection service. One Smart Locker Purchase entitles a User to receive one delivery to a Smart Locker or In-store collection at their selected location;

User means any natural person who accesses the Website or makes use of the Service;

User Account means the account created by a User on the Website, which enables a User to securely log in and make use of the Services.

5. Account Registration and Security

You will be required to sign-up for a User Account on the Website to make use of the Services. To sign up, you will need to select a username (we advise you to use a pseudonym) and provide a valid email address. You will also be required to verify your email address in order to successfully complete the sign-up process.

We process all your personal data in accordance with our Privacy Policy. Please carefully read our Privacy Policy before signing up for a User Account and making use of our Services.

The Company provides all User Accounts at its sole discretion. We may refuse to offer a User Account without providing any reason for our decision. We reserve the right to terminate any User Account if we have any reason to believe that a User has violated any provision of this Agreement.

Security

Please note, the email address you use to sign up for your User Account will be used to send you confidential notifications, including but not limited to information about

the delivery of your Parcel as well as the OTP to unlock the Smart Locker to retrieve your Parcel. It is solely your responsibility to keep your email login credentials and OTP secure to prevent any unauthorized access to the Smart Locker where your Parcel is stored. You hereby release the Company from any claim, loss, or damage suffered by you as a result of any unauthorized access to your OTP or Package Number. You assume full responsibility for all activities under your User Account. If you become aware of any suspicious activity on your User Account or if you have any reason to believe that there has been a security breach, please immediately contact us at support@shipanon.com

The Company reserves the right to restrict access to your User Account if we suspect any fraudulent or illegal activity on such a User Account.

6. Ship Anon Service

Once you successfully register your User Account on our Website, you can easily make your Smart Locker Purchase. All Smart Locker Purchase payments are governed by our Payments, Cancellations, and Refunds policy as outlined in Section 7 of these Terms. You will be notified by email once your Parcel has been delivered in the Smart Locker or In-store for collection along with the OTP or Package Number required to retrieve your Parcel. The OTP must be entered into the screen of the locker to unlock your Smart Locker. It is solely your responsibility to keep the OTP confidential and not to provide it to any other person, except the person who you authorize to retrieve the Parcel on your behalf. Please note that if you are making use of the In-store collection service, you will be required to present the Package Number or email to the store attendant in order to collect your Parcel.

All Parcels will be stored in the Smart Lockers or In-store by our Business Partners for a maximum period of 96 hours (“storage period”) from the time of delivery. If the Parcel is not collected within this specified storage period, it will be returned to the sender, and you will incur an additional $5.00 fee for return.

If you wish to return your Parcel back to the sender, you can easily do so by making use of our free returns service within 30 days from the date your Parcel was initially delivered in the Smart Locker or In-store. To make use of our free returns service, simply log into your User Account and select the ‘package return’ option. Please note that you will be prompted to provide us with the Package Number. Once we receive your return request with the Package Number, we will email you the Smart Locker number where you can deposit the Parcel or the details of the In- store returns process. You can then simply visit the specified Smart Locker location and scan your UPC to open your locker and deposit the Parcel. Once you deposit your Parcel in the Smart Locker and close it, the courier company will be notified of your Parcel for delivery in the locker.

Subject to applicable privacy laws, we reserve the right to take photographs of the person delivering or collecting the Parcel as well as of the Parcel in the Smart Locker. This practice is aimed at avoiding any disputes relating to whether a Parcel was delivered/collected or the condition of the Parcel at the time of delivery/collection. We will only share this data with you, and it will be immediately expunged from our database in accordance with our privacy policy. Please note that our Privacy Policy only governs our privacy practices, and we are unable to govern the privacy practices of our Business Partners. For example, if you make use of an In-store collection service, the Business Partner may have CCTV monitoring their location, which may capture the footage of the person who collects the Parcel. Such CCTV footage will be governed by such Business Partner’s own privacy policy and not by the Company’s privacy policy.

We are not a courier company and we are not responsible for delivering your Parcels. We simply enable you to receive your online purchases anonymously in our Smart Lockers or In-store without the need to provide your personal delivery address. We will not assume any responsibility for the shipment of your Parcel or its contents as delivered In-store for collection.

ALTHOUGH WE MAKE OUR BEST EFFORT TO ONLY ENGAGE WITH REPUTABLE BUSINESS PARTNERS, WE DO NOT SUPERVISE, DIRECT OR CONTROL ANY IN-STORE COLLECTION SERVICES RENDERED BY OUR BUSINESS PARTNERS. WE HEREBY DISCLAIM ALL LIABILITY FOR ACTIONS, OR OMISSIONS OF OUR BUSINESS PARTNERS AND THEIR EMPLOYEES, CONTRACTORS OR AFFILIATES. YOUR DECISION TO MAKE USE OF ANY IN-STORE COLLECTION SERVICES IS ENTIRELY AT YOUR OWN RISK. FOR AVOIDANCE OF ANY DOUBT, THE COMPANY WILL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY BUSINESS PARTNER OR THEIR EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS OR AFFILIATES, WHETHER ONLINE OR OFFLINE, AND WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DEATH OR ANY OTHER DAMAGE SUFFERED BY ANY USER, OR ANY THIRD-PARTY WITH AN INTEREST IN THE PARCEL, ARISING OUT OF OR ASSOCIATED WITH THE USE OF ANY IN- STORE COLLECTION SERVICES.

You understand and accept that any disputes relating to your online purchase including but not limited to any incorrect or damaged deliveries, product warranty claims, payments, cancellations, returns, replacements, or refunds relating to your online purchase are governed by the terms and conditions of third-party online retailer from whom you purchased the product and are solely between you and such third-party online retailer.

We do not act as an agent or representative of any third- party retailers or courier companies, and we disclaim all liability arising from any actions or omissions of the courier company responsible for delivering your online purchase or the online retailer from whom you purchased the contents of your Parcel.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO THE CONTENTS OF YOUR PARCEL THAT OCCURS BEFORE, DURING OR AFTER THE PARCEL WAS DELIVERED/STORED/COLLECTED FROM THE SMART LOCKER/IN-STORE FOR COLLECTION.

THE COMPANY WILL NOT BE LIABLE FOR ANY DELAYS IN SHIPPING OF YOUR PARCELS. YOU UNDERSTAND AND ACCEPT THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY SHIPPING FEES, TAXES, AND DUTIES APPLICABLE TO YOUR PARCEL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES INCURRED BY YOU AS A RESULT OF ANY UNAUTHORIZED ACCESS TO ANY SMART LOCKERS, OR STOLEN PARCELS ARISING AS A RESULT OF ANY UNAUTHORIZED ACCESS TO THE ONE-TIME-CODE OR PACKAGE NUMBER. YOUR DECISION TO USE THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

7. Payments, Cancellations and Refunds Policy

  1. Payments Policy
    All our Smart Locker Purchase fees are clearly listed on our Website and quoted in USD. We currently accept payments through cryptocurrencies specified on our Website, prepaid visa cards, and cash at the time of Parcel collection.

    • Payments with Cryptocurrency
      If you wish to pay for your Smart Locker Purchase using a cryptocurrency, you will be required to link your Coinbase account with your User Account. Once you have successfully linked your Coinbase account, you can proceed with the Smart Locker Purchase through your User Account. Please note that we will automatically deduct an amount equal to five USD from your Coinbase account at the time of your purchase. Once your Parcel is delivered, we will retain the applicable fee for the locker size that was used to deliver your Parcel, and the balance, if any, will be refunded to your Coinbase account at the then applicable conversion rate. We do not request or receive any personal information about our Users from Coinbase.
    • Payments with Prepaid Visa Cards
      If you wish to pay for your Smart Locker Purchase with a prepaid visa card, you can easily do so by providing the full card number, expiration date, and the three-digit CVC at the back of your card when prompted on our Website. Please note that we will deduct five USD from your payment card at the time of your purchase. Once your Parcel is delivered, we will retain the fee for the locker size that was used to deliver your Parcel, and the balance will be refunded to your payment card. Please allow at least seven days for the payment to appear in your payment card.
    • Cash Payments
      You can also pay for your Smart Locker Purchase in cash at the time you collect your Parcel. You will be informed of the full amount due and payable for the Smart Locker Purchase, which must be deposited before your Smart Locker can be unlocked or paid to the attendant for In-store collections.By providing your payment card information or linking your Coinbase account with your User Account, you authorize us to automatically charge your payment card/Coinbase account when you make a Smart Locker Purchase.
  2. Cancellations and Refunds PolicyUnless expressly stated otherwise in these Terms, we do not accept any cancellations and refund requests.You understand and accept that all Smart Locker Purchases are deemed consumed at the earlier of the two events: the time you make the payment (when paying through cryptocurrency or payment card); or when you receive the Parcel in our Smart Locker/In- store for collection (if you select a cash payment option).We are unable to offer any refunds for any unauthorized purchases made by another person using your User Account and payment information. It is solely your responsibility to maintain the confidentiality of your User Account to prevent any unauthorized use.

    If the Company decides to grant you a refund, such refund will be made to the same account from which the payment was received. The processing of refund payment may take time; please wait at least seven days after your refund has been processed for the payment to appear in your account.

8. Account Termination

This Agreement will remain in force until terminated by you or the Company.

You may terminate your User Account at any time by accessing your account settings or by contacting us at support@shipanon.com with the words ‘account termination’ in the subject line.

The Company reserves the right to modify the Service, suspend or permanently terminate your access to the Service without incurring any liability.

If you have been previously banned from using the Service or your User Account has been restricted, suspended or terminated by the Company, you understand that you are strictly forbidden from:

  • Creating a new account with different sign-up information;
  • Trying to acquire access to another User’s Account;
  • Trying to gain access to the Service through any other unauthorized mechanism.

9. Intellectual Property

All material made available by the Company through the Website, including without limitation, text, graphics, logos, trademarks, audio, video, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws of the United States and international conventions. You understand that the Company and its other licensors reserve copyright in their respective intellectual property. You are not authorized to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content without the express written consent of the Company. You further agree not to adapt, alter, or create a derivative work from any Company Content without our prior written permission. Any unauthorized use of the Company Content may result in infringement of our intellectual property rights, and we reserve the right to take appropriate legal action to assert our rights. We hereby grant you a limited, revocable, non-exclusive, non- transferable license to use the Company Content and Service for your personal and non-commercial use only. We reserve all rights in our Service and Website that are not expressly granted in these Terms.

Our name “Ship Anon” and our logos, as used on our Website, are our registered or unregistered trademarks (collectively, “Marks”). You may not use any of our Marks for any purposes other than during your use of the Service as a User.

10. Copyright Infringement

If you believe that your copyrighted content is published, uploaded, or made accessible on the Website without your authorization, please inform us at support@shipanoncom

and provide us with the following information:

  • Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the material);
  • Your contact information including your name, phone number, and email address;
  • A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement;
  • A statement by you confirming all the information provided by you is bona fide true.

Please note that any DMCA notice that fails to comply with all the aforementioned requirements will not be deemed valid.

11. Acceptable Use Policy

You understand and agree that:

  • You will not use the Ship Anon Service for conducting any unlawful, illegal or prohibited activity;
  • You will only use the Ship Anon Service in accordance with applicable laws;
  • You will immediately notify the Company of any issues that you encounter during your use of our Services including any issues with the Smart Lockers or In-store collection;
  • You will maintain the confidentiality of your User Account, and you will not disclose your OTP to others;
  • You will not publish any content on our Website or our social media pages on any third-party platform that infringes the intellectual property, privacy or publicity rights of another person;
  • You will not modify, adapt, translate, or reverse engineer any portion of the Ship Anon Service;
  • You will not use any robot, spider, site scraping/retrieval application or other automated routines in order to scrape any data/information from any part of the Ship Anon Service;
  • You will not reformat or frame any portion of the Website without the express written consent of the Company;
  • You will not post or submit any content or material on any form of media, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • You will not copy or store any content offered on our Website for other than your own personal use;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not reproduce, distribute, display, or make available any data, information, or part of the Service to any third party without the express written consent of an authorized representative of the Company.
  • You will not assist, participate in, or withhold information about any type of attack, including but not limited to distribution of a virus, or attack upon the Service that prevents access to the Service, gain unauthorized access to the Service or disrupt any other User’s use or enjoyment of the Website or Service;

The Company reserves the right to impose limitations and restrictions on your use of the Website or Service with or without notice to you. The limitations and restrictions may be established based on different criteria, including location, language, age, legal requirements, etc.

Any violation of this provision may result in the suspension or termination of your User Account. The Company reserves the right to prosecute any violations of this provision in its sole discretion.

12. Privacy and Business Partners

We will handle the personal data of our Users who are in the EU at the time of data processing in compliance with the General Data Protection Regulation 2016/679 and our US Users’ data in accordance with applicable local privacy laws. For further information, please review our Privacy Policy.

Please note that although we do not share your personal data with our Business Partners, our Business Partners may collect some personal data directly from you. Any personal data that such Business Partners collect from you will be governed by their own Privacy Policies, which may be different from our privacy practices. You are solely responsible for reviewing such Business Partners’ privacy policy. If you do not wish to be bound by our Business Partners’ privacy policies you should refrain from selecting their retail location for your parcel delivery.

13. Feedback

We will be delighted to hear your views on our Service and any suggestions for improvements. Please note that although we love to hear from you, we want to avoid all misunderstandings about the nature of this communication. You understand and accept that by sending us your feedback and suggestions you are granting us full and exclusive rights to use, disclose and otherwise exploit your feedback and suggestions, either by inclusion in our current Service or creation of a new Service, in whole or part, without any restriction or compensation to you now or ever in future.

Contact us: support@shipanon.com 14. Amendments

The Company reserves the right to amend the terms and conditions of this Agreement to reflect any change in our Service, changes in applicable laws and regulations, as well as other similar reasons. Unless expressly specified otherwise, any amendments to this Agreement shall be effective from the date we post the updated version on the page where these Terms appear and notify you by changing the Last-Modified date on the top of these Terms.

It is solely your responsibility to periodically review this Agreement to familiarize yourself with any material changes. Your continued use of the Service after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments, please immediately cease using our Service.

15. Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Service with or without giving any prior notice to you to carry out: scheduled or unscheduled system maintenance or/and upgrading or/and testing or other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur as a result of such deactivation or/and suspension.

16. Electronic Communication

By providing your email address to the Company during sign-up, you acknowledge that you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by email or by posting notices on our Website. You agree that all agreements, and notices that we provide to you electronically satisfy the legal requirements of any specific communication be in writing.

17. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT OFFER ANY WARRANTY THAT YOU WILL OBTAIN ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES.

WE DO NOT OFFER ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; ANY DEFECTS WILL BE CORRECTED; THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THE COMPANY WILL BE ABLE TO DETECT, LIMIT OR PREVENT ANY PROHIBITED ACTIVITIES.

NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICE IN LOCATIONS OTHER THAN THOSE SPECIFIED ON THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOUR DECISION TO USE THE SERVICE IS SOLELY AT YOUR OWN RISK.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, AFFILIATES OR EMPLOYEES WILL NOT BE HELD LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,

INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, COST OF PROCURING SUBSTITUTE SERVICES, SAVINGS, OR ANY INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY, ITS OFFICERS, AFFILIATES OR EMPLOYEES WILL NOT BE HELD LIABLE FOR:

  • ANY ERRORS, MISTAKES OR INACCURACIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR
  • THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD- PARTY; AND
  • ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH OUR WEBSITE;

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE HELD RESPONSIBLE FOR ANY LOSS, DAMAGE, OR CLAIM RESULTING FROM ANY UNAUTHORIZED USE OF YOUR USER ACCOUNT OR ACCESS TO YOUR ONE-TIME-CODE AS SENT TO YOUR EMAIL ADDRESS OR YOUR PACKAGE NUMBER.

IF THE COMPANY, ITS OFFICERS, AFFILIATES OR EMPLOYEES’ ARE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGES OR CLAIMS ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE, THE COMPANY ITS OFFICERS, AFFILIATES OR EMPLOYEES LIABILITY TO YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO COMPANY IN THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO YOUR CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, members and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) the violation of these Terms by you; or
(ii) Your gross negligence or willful misconduct.

20. Governing Law and Jurisdiction

This Agreement shall be construed in accordance with the laws of the State of Illinois without regard to any conflict of laws provisions. Any action or claims arising out of this Agreement or the use of the Service between the parties shall be brought in the state or federal courts of Cook County, Illinois.

21. No Class Action

All claims between you and the Company related to these Terms will be litigated individually, and you will not consolidate or seek class treatment for any claim with respect to the Service offered by the Company. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY.

22. Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

23. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. User shall not assign, transfer or in any other manner transfer any of User’s rights or obligations under these Terms to any third party without the express written consent of the Company.

24. Entire Agreement

These Terms constitute the entire understanding and agreement between you and the Company with respect to the Services offered by the Company.

25. Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.