Welcome to The CMO Club, a business club that connects you with other heads of marketing around you. The CMO Club service and network (the “Service”) are operated by C Level Club, LLC (“Company” or “we” or “us”). By applying or registering for membership in the Service, or becoming a member of the Service, or accessing or using the Service or otherwise indicating your consent, you are agreeing to be bound by the following terms and conditions (the “Agreement”).

Please note that any membership in the Service may be subject to certain eligibility requirements, fees, Company approvals, and other terms and conditions (including website terms of use and mobile application EULAs), as made available and updated by us from time to time. You must notify us immediately if you no longer meet any such eligibility requirements. Unless agreed otherwise in writing by Company, you are responsible for all such fees. Your membership and participation in the Service, and any rights that you may have under this Agreement, are subject to the fulfillment of such requirements, fees and approvals, and compliance with such other terms and conditions.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 12 below, requires the use of arbitration on an individual basis in certain circumstances to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

  1. Changes to this Agreement. Company may change this Agreement by posting a revised Agreement through the Service or any website or app for the Service. Your use of the Service following any changes to this Agreement will constitute your acceptance of those changes. Such changes will not apply prior to your acceptance of the new terms. The “Last Updated” legend above indicates when this Agreement was  last changed. Company may, at any time and without liability, modify or discontinue all or part of any Service (including access to the Service via any third party resources); charge, modify or waive any fees in connection with the Service; or offer opportunities to some or all Service users. Use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
  2. Personal Information. Your submission of information, including Registration Information (as defined below), to or through the Service is governed by Company’s Privacy Statement, as updated by Company from time to time, currently available at https://www.salesforce.com/company/privacy/(the “Privacy Statement”), to the extent such information is considered personal information. In addition, any information you submit to or through the Service, including Registration Information, may be collected in, transferred to and stored in the U.S. and/or other countries where Company or its affiliates or service providers operate. The countries where Company or its affiliates or service providers operate are available via an email request sent to privacy@salesforce.com. You represent and warrant that you will be responsible for the accuracy, completeness, quality and legality of any information you provide in connection with the Service, including Registration Information, the means by which you acquired such information, and your use of such information in connection with the Service.Please note that if you make your e-mail address, phone number or other contact information available through the Service, you are also consenting to receiving communications from other members or users of the Service, or other third parties who may obtain such information. Any such communications from third parties are not sent by or on behalf of Company, and Company disclaims any responsibility for such communications.
  3. Registration. You may need to register to use all or part of the Service. Company may reject, or require that you change, any login credentials or other information that you provide in registering (collectively, the “Registration Information”). Your login credentials are for your personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of your login credentials and all activities occurring from any account provisioned by us that you have. You must use reasonable efforts to maintain the confidentiality of and prevent unauthorized use of, and you must promptly notify Company of any confidentiality breach or unauthorized use of, your login credentials or any such account.
  4. Rules of Conduct. The prohibitions set forth in the Salesforce Acceptable Use and External-Facing Services Policy, as updated by Company or its affiliates from time to time, and currently available at https://c1.sfdcstatic.com/content/dam/web/en_us/www/documents/legal/Agreements/policies/ExternalFacing_Services_Policy.pdf (the “AUP”), also apply with respect to the Service. In addition, in connection with the Service, you must not (and you must not allow any third party to):
    • Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or, except as permitted by the Company, collect information about users of the Service.
    • Interfere with or disrupt the integrity of any information, data, content or other materials available in or through the Service.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service, except as expressly authorized in this Agreement or by separate express, written consent from Company.
    • Interfere with or disrupt the operation of, or attempt to gain unauthorized access to, the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
    • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, except as expressly authorized in this Agreement or by separate express, written consent from Company.
    • Systematically download and store any information, data, content or other materials available in or through the Service, except as required in order to use the Service or as expressly authorized in the Agreement or by separate express, written consent from Company.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information, data, content or other materials available in or through the Service, or reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent.
    • Disassemble, reverse engineer, or decompile any portion of the Service or use the Service to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
    • Falsely state or imply that you are associated with Company or another person.
    • Post on behalf of Company or otherwise use Company’s social media account log-in information without separate express, written consent from Company.
    • Access or use the Service for any purposes competitive with the Company, including to build a competitive product or service, or any product or service using similar ideas, features, functions or graphics as the Service.
    • Remove or modify any Service markings or any notices, including any markings or notices of Company’s or any other party’s proprietary rights.
    • Use any portion of the Service for any purpose, including duplicating or using any portion of the Service for your internal business operations, for production purposes or for any commercial purpose (including use in connection with any advertising or other commercial solicitation), or making available to any third party any portion of the Service, except in each case as expressly authorized in this Agreement or in a separate agreement between you and Company, or by separate express, written consent from Company.
    • Disclose through or in connection with the Service any confidential or proprietary information of your current employer or any other third party.
    • Disclose to any third party (including your employer) any material available through or in connection with the Service (including any Submissions, as defined below) absent separate express, written consent from Company or the applicable member or other user of the Service.You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other products or services needed to use the Service. In addition, please remember that you may be providing information, data, content or other materials to a diverse audience. Things that do not seem abusive, obscene, offensive or otherwise objectionable may seem so to others. You must treat other users of the Service with courtesy and respect, and maintain a friendly, safe, supportive and harassment-free environment, regardless of gender, age, sexual orientation, gender identity, gender expression, disability, physical appearance, body size, race, ethnicity, religion or other group identity.
      Without limiting any other remedy under the Agreement or applicable law, if you fail to comply with the Agreement, Company may take any action in response, including warning you of such failure, and/or banning you from the Service.You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other products or services needed to use the Service. In addition, please remember that you may be providing information, data, content or other materials to a diverse audience. Things that do not seem abusive, obscene, offensive or otherwise objectionable may seem so to others. You must treat other users of the Service with courtesy and respect, and maintain a friendly, safe, supportive and harassment-free environment, regardless of gender, age, sexual orientation, gender identity, gender expression, disability, physical appearance, body size, race, ethnicity, religion or other group identity.
      Without limiting any other remedy under the Agreement or applicable law, if you fail to comply with the Agreement, Company may take any action in response, including warning you of such failure, and/or banning you from the Service.
  5. Proprietary Rights.
    1. Submissions. You and other members and users of the Service may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Service (each, a “Submission”), including on profile pages or on any interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality, whether such pages or products or services are made available by the Company or by third parties (e.g., third party videoconferencing platforms used in connection with Service offerings). Submissions reflect only the opinions of the user who made available the Submission and not the opinions of Company, regardless of whether the user is affiliated with Company, and may contain or constitute Third Party Materials (as defined below). Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purport to answer any questions, including any questions about Company or the Service, are made available for your general knowledge only, must be treated as an opinion only of the individual who provided the Submission, and should never be relied upon as answers to your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). You shall not use third party trade names, trademarks, service marks or logos in any manner in connection with the Service without the applicable third party’s express prior written permission; if you use such trade names, trademarks, service marks or logos in any manner in connection with the Service, then you must furnish evidence of such permission to Company at any time upon Company’s request. Company has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. You must not make any personal information relating to any third person available through the Service absent such third person’s consent. Without limiting the foregoing, you are responsible for any personal information that you do make available through the Service, and, if you make any personal information or other information publicly available through the Service, you do so at your own risk. You acknowledge and agree that the Service is a public space, that you have no expectation of privacy with respect to your use of the Service. You further acknowledge and agree that any of your Submissions may be seen and used by others. You acknowledge that Company may (but has no obligation to) monitor, evaluate, alter or remove Submissions, including those made available on or through any private messaging functionality, and your access to and use of the Service, for any reason, including in accordance with any provision of the Digital Millennium Copyright Act, the European Union E-Commerce Directive 2000/30/EC and other laws dealing with the removal of or limiting access to content, to promote the security of the Service, and to remove any spam message.
    2. License to Submissions. You retain ownership of your Submissions, and for each such Submission, you hereby grant to Company, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials). You represent and warrant that you have all rights necessary to grant the licenses granted in this Agreement, and that your Submissions, and your provision of any Submission in connection with the Service, are complete and accurate, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, and are in compliance with this Agreement. To the maximum extent permitted under applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
    3. Feedback. If you provide or otherwise make available to Company any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Service or otherwise, then the terms of this Agreement applicable to Submissions will also apply to such Feedback, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
    4. Personal Release. Please note that Company and the Company Parties (as defined below) and other members and users of the Service may be photographing, recording (both audio and video), webcasting, podcasting or otherwise transmitting during any or all of any meeting or other event or activity in connection with the Service. Your image, likeness, voice, statements and other identifying characteristics (each, an “Image”) may be captured in photographs, recordings (both audio and video), webcasts, podcasts, or other transmissions of such meeting or other event or activity (each, a “Recording”). You hereby grant to Company, with respect to all Recordings (and to each other member or user with respect to any Recordings captured by such member or user) a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Recordings (including your Images therein), in whole or in part, in any format or media now known or hereafter developed, and for any purpose (including for promotional purposes, such as testimonials). The foregoing license also applies to any Recordings you make available to Company, or any Company affiliate and its respective successors and assigns (any such entity, a “Company Party”) or other member or user of the Service. Company exclusively owns all right, title and interest (including intellectual property rights) in and to the Recordings captured by or on behalf of Company or any Company Party (“Company Recordings”), all modifications and derivatives of Company Recordings, and all proceeds derived from Company Recordings or such modifications or derivatives. Company has no obligation to share any such proceeds with you. You hereby irrevocably waive any right you may have to inspect or approve the use or other exploitation of any Recording or any reproductions thereof, and you agree that Company has no obligation to use any Recording (including any of your Images) or otherwise exercise any of the rights granted to Company with respect to your Images. Your Images may appear in Recordings made available to the public, and third parties may retain, use or distribute such Recordings. Company has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any Recordings. In connection with the use or other exploitation of Recordings (including your Images), you hereby irrevocably waive and release any and all claims with respect to intellectual property, rights of publicity, rights of privacy, and any other claims or damages with respect to such use or other exploitation. You affirm that you are of legal age and have read the foregoing release and fully understand its contents. In addition, you hereby represent that all individuals whose Images are captured in any Recordings you make available to Company or to any third party have consented to the inclusion of their Images in such Recordings and have authorized you to grant on their behalf the license, waiver and release granted by you to such Images and Recordings in this Agreement.
    5. Company Rights. As between you and Company, Company and the Company Parties and their suppliers own and reserve all right, title and interest in and to the Service, which are protected by proprietary rights and laws, including all related intellectual property rights. None of the Service or Third Party Materials (as defined below) are sold to you. Your only rights in or to the Service or Third Party Materials are those rights (if any) that are expressly granted to you with respect to the Service or Third Party Materials. Except as expressly set forth otherwise in this Agreement, nothing in this Agreement, and nothing in or available through the Service, should be construed as granting, directly or by implication, estoppel or otherwise, any right or license with respect to any proprietary right (including any intellectual property right) of Company or any Company Party, and Company and the Company Parties retain all right, title and interest in and to their proprietary rights.
    6. Company Trademarks. You may not use any trade name, trademark, service mark or logo (including THE CMO CLUB, THOUGHT LEADERSHIP NETWORK and SALESFORCE) of Company or any Company Party in any manner without Company’s express prior written permission, and any such permitted uses will be subject to the Company’s trademark usage guidelines, as made available and updated by Company from time to time. All trade names, trademarks, service marks and logos in or available through the Service that are not owned by Company or a Company Party are the property of their respective owners. Nothing in this Agreement and nothing in or available through the Service should be construed as granting any right to use any trade name, trademark, service mark or logo without the express prior written consent of its owner. You will not bid on or purchase any keyword that is Company’s trademark, service mark or logo in any keyword advertising service (such as Google AdWords) except with Company’s prior written consent.
  6. Activities.
    1. Service Activities. You may have the opportunity to participate in certain events and other activities in connection with the Service. You acknowledge that unless otherwise stated by Company, Company is not the creator or organizer of any such activity, even if Company employees attend the activity, Company sponsors the activity, Company provides activity-related materials, Company promotes the activity on any website or app for the Service, or Company hosts the activity on its property. If you host or organize any such activity, you agree to promote it as such, and you must not create any impression that it is created, organized, sponsored or endorsed by Company. Please note, however, that you may not host or organize such activities if prohibited by any applicable terms and conditions between you and Company. Your participation in and attendance of any event or other activity in connection with the Service is completely voluntary. You agree to consider the inherent risks in any activities that you choose to take part in, and take reasonable precautions before you choose to participate in or attend any activity. You acknowledge that Company has no control over and does not guarantee the quality, safety, accuracy or legality of any such activity or any content associated with or presented at any activity, and that your participation in any activity is at your own risk. To the maximum extent permitted under applicable law, you accept and assume all risks of any and all personal injury or damage to your personal property that you may face while attending any event or other activity, and waive any claims against Company relating to such risks.
    2. Salesforce Activities. You may have the opportunity to participate in certain events, programs and activities in connection with salesforce.com, inc. (“Salesforce” and such events, programs and activities, “Salesforce Activities”). Please note that Salesforce Activities are not considered a Service under this Agreement, and may be governed by certain agreements between Salesforce or any of its affiliates and participants in the Salesforce Activity. If you participate in Salesforce Activities that are subject to any such applicable agreements, you hereby agree that you will comply with the applicable terms of such agreements with respect to such use of the Salesforce Activities.
  7. Third Party Materials; Links. Certain Service functionality may make available or depend upon access to products, services, information, data, content and other materials made available by or on behalf of third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of Third Party Materials, including via links. By using such functionality, you are directing Company to access, route and transmit to you the applicable Third Party Materials. In addition, your installation and other use of Third Party Materials may result in transmission of your information, data, content or other materials outside of Company’s systems, or otherwise result in third party access to or use of your information, data, content or other materials. Company neither controls nor endorses, nor is Company responsible for, any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any applicable intellectual property rights. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Materials. Company has no obligation to monitor Third Party Materials, and it may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply Company’s endorsement of, or affiliation with, any provider of such Third Party Materials, nor does it create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
  8. Disclaimer of Warranties and Conditions. Company makes no representations, warranties or conditions of any kind, whether express, implied, statutory or otherwise, and Company specifically disclaims all representations, warranties and conditions, whether express, implied or otherwise, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement, to the maximum extent permitted under applicable law. The Service and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, exclusive of any warranty whatsoever. Company disclaims all liability and indemnification obligations for any harm or damage caused by any third party hosting providers. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of Company and its affiliates, and its and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Company Parties”), and their respective successors and assigns. While Company tries to maintain the timeliness, integrity and security of the Service, it does not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Third parties may also make unauthorized alterations to the Service.
  9. Limitation of Liability. In no event will the maximum aggregate liability of Company, together with all Company Parties, arising out of or related to this Agreement or the Service, exceed the lesser of: (a) the amount paid by you to Company solely for the right to use the Service during the current term of your membership; or (b) one thousand U.S. Dollars ($1,000.00). The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability. In no event will Company or any Company Party have any liability arising out of or related to this Agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if Company or Company Parties have been advised of the possibility of such damages or if any remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law. Without limiting the foregoing, to the maximum extent permitted under applicable law: (a) Company will not be liable for damages of any kind resulting from Company’s operation or provision of, or your use of or inability to use, the Service or any Third Party Materials, including from any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other similar computer code, file or program that may be transmitted in connection therewith; and (b) your sole and exclusive remedy for dissatisfaction with the Service or any Third Party Materials is to stop using the Service or Third Party Materials. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and each Company Party, and its and their respective successors and assigns.
  10. Indemnity. To the maximum extent permitted under applicable law, you will defend each Company Party against any claim, demand, suit or proceeding made or brought against any Company Party by a third party arising out of or relating to: (a) your use of, or activities in connection with, the Service, and/or (b) any violation or alleged violation of this Agreement by you (each, a “Claim Against Company”), and you will indemnify such Company Party from any damages, attorney fees and costs finally awarded against such Company Party as a result of, or for any amounts paid by such Company Party under a settlement approved by you in writing of, a Claim Against Company; provided the applicable Company Party (i) promptly gives you written notice of the Claim Against Company, (ii) gives you sole control of the defense and settlement of the Claim Against Company (except that you may not settle any Claim Against Company unless it unconditionally releases each applicable Company Party of all liability), and (iii) gives you reasonable assistance, at your expense.
  11. Term; Termination. This Agreement will continue until terminated, except as specified otherwise in this Agreement. Company may terminate or suspend your use of the Service, or any portion of the Service, at any time and without prior notice, including if you have breached this Agreement, or no longer meet the applicable eligibility criteria, or have not paid the applicable fees. Immediately upon any such termination or suspension, your right to use the Service or portion of the Service will permanently or temporarily cease (as applicable), and Company may deactivate or delete your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. You may terminate your use of the Service at any time. All fees paid in connection with the Service are non-refundable, unless agreed otherwise in writing by Company. Sections 4, 5 and 8–15 will survive any termination of this Agreement.
  12. Governing Law; Arbitration. This Agreement and all disputes arising out of or related to this Agreement will be governed by the laws of the State of California, without regard to its conflicts of law principles, and by U.S. Federal law (including the Federal Arbitration Act). All disputes arising out of or related to this Agreement or any aspect of the relationship between you and us and our affiliates, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge, except that each party retains the right to bring an individual action in small claims court. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. Notwithstanding anything in this Section 12, either party may immediately bring a proceeding (solely on an individual basis, and not on a class basis) seeking preliminary injunctive relief or a temporary restraining order in a court having jurisdiction thereof which shall remain in effect subject to the rules, procedures and statutes applicable to such relief until (a) an order is entered by a court of competent jurisdiction enforcing a final award made in arbitration of the applicable claim, or (b) an appellate court vacates, stays or overrules such relief. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class Action. Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 

    The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing: (1) nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you, and (2) any party may seek injunctive relief in any court of competent jurisdiction.If you are resident in the European Union and acting as a consumer within the scope of Regulation (EC) No. 593/2008, this governing law provision will not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.

  13. Export Controls. You are responsible for complying with U.S. export controls and economic sanctions, including the Export Administration Regulations (EAR) and the regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC), any applicable import laws, regulations and requirements of the country of importation, and all other applicable laws, regulations and requirements which may apply to downloads of software. You are responsible for any violation of those laws, regulations and requirements. Company provides no assurances that requests passing through the Service to you have been screened in any way. For example, we do not provide screening to identify parties that may be subject to EAR or OFAC restrictions, nor do we provide screening to identify destinations that may be subject to embargo or other restrictions. You represent, warrant and covenant that you are not: (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any U.S. government list of restricted end users.
  14. Miscellaneous. When you apply or register for membership in the Service, access or use the Service or send communications to us through the Service, you are communicating with us electronically. You consent to receive electronically any communications related to your use or membership of the Service. We may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Submissions or Feedback, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with the Privacy Statement. You and Company are independent contractors. This Agreement does not create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Company. You will not represent that you have any authority to assume or create any obligation, express or implied, on behalf of any Company Party, or represent any Company Party as an agent, employee, franchisee, or in any other capacity. You will not make any proposals, promises, warranties, guarantees or representations on behalf of any Company Party or in any Company Party’s name. You are solely responsible for your interactions with other members and users of the Service; we reserve the right, but have no obligation, to monitor disputes between you and any other such member or user. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise. Company may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. Neither party’s waiver of any breach under this Agreement will be considered a waiver of any earlier or later breach. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. Notices to you may be made by any reasonable means, including by posting within the Service or through any website or app for the Service, or by email or regular mail. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” This Agreement, including any terms incorporated in this Agreement, is the entire agreement between you and Company relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to that subject matter; except that nothing in this Agreement will limit your obligations to Company or any Company Party, or limit the rights of Company or any Company Party, under any other agreement between you and Company or any Company Party. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Each Company Party is an express third party beneficiary under this Agreement; there are no other third party beneficiaries under this Agreement.
  15. Personal Information Handling . We accept and respond to any requests such as notification of purpose of use, disclosure, correction, addition, or deletion, and veto of use or provision or erasure of personal information (the “Disclosure Requests”) from the person who provided his or her personal information. For detailed procedures for disclosure requests, please refer to our Privacy Request page. For residents of Japan please refer to our Japan Privacy Statement. Contact for inquiries regarding Personal Information Handling of Japan residents: please fill out this form or mail us at: Japan Privacy Officer, Legal Department, JP Tower 12F 2-7-2 Marunouchi, Chiyoda-ku, Tokyo, 100-7012, Japan.