Terms of Use Financial Services

USE OF SITE

Assurant, Inc. (“Assurant”) requires that each visitor (a "User") to this Internet Web site on the World Wide Web (the "Site") adhere to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Site. By accessing this Site, each User acknowledges that he or she has read, understands and accepts each of the Terms and Conditions. Each User is bound by any revisions to these Terms and Conditions and should visit this page at each visit to review the current Terms and Conditions. If the User does not agree to all of these Terms and Conditions, he or she should not use this Site. If You do not agree to Our Terms or Our Privacy Notice, please exit now and do not use the Services.

TERMS AND CONDITIONS

INFORMATIONAL PURPOSES ONLY

The information contained herein is not intended to constitute an offer to sell or a solicitation in connection with any product or service. It is provided solely for general informational purposes.

Insurance contracts are issued and underwritten, and products are provided by subsidiaries of Assurant. Products and services may not be available in all jurisdictions. The financial obligations of individual products or polices are the sole responsibility of the underwriting company or the Assurant subsidiary providing the product or service. Neither Assurant nor any other affiliates of the underwriting company or the specific Assurant subsidiary are legally responsible for the product/policy obligations.

NO WARRANTY

Assurant does not warrant the accuracy or completeness of the information, text, graphics, links or other content contained on this Site or any other server. Assurant makes no representation concerning the suitability of this documentation for any purpose. It is provided "as is" without express or implied warranty. This Site may contain hyperlinks to Web sites operated by parties other than Assurant and its subsidiaries. Such hyperlinks are provided solely as a matter of convenience. Assurant does not control such Web sites and is not responsible for the content. The inclusion of hyperlinks to such Web sites does not imply any endorsement, approval or certification by Assurant of the material on such Web sites or any association with their operators.

LIMITATION OF LIABILITY

Assurant expressly disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy. Information in this Site may contain inaccuracies or errors. Information on this Site may be changed or updated without notice. Assurant has no obligation to update information on this Site, so such information may be out of date at any given time. Assurant also may make improvements or changes in products or content described on this Site at any time without notice.

Assurant will not be responsible for any damages or injuries that accompany or result from any use of this Site. Assurant specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damage arising out of or in any way connected with access to or use of this Site (even if Assurant has been advised of the possibility of any such damage), including any liability associated with any virus that may infect a User's computer equipment. Under no circumstances will Assurant be liable for any loss or damage caused by a User's reliance on information obtained through this Site. It is the sole responsibility of each User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.

NO REPRESENTATION AS TO SUITABILITY

Assurant makes no representation as to the financial or other suitability of any product or service described on this Site for any User.

COPYRIGHT AND TRADEMARKS

All content on this Site is protected by applicable copyright laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. The trademarks, logos and service marks (the "Marks") displayed on this Site are the property of Assurant or its subsidiaries or affiliates (collectively "Assurant"). Users are prohibited from using any Mark for any purpose without the express written permission of Assurant.

OWNERSHIP

The design, text and images of this Site are owned, controlled or licensed by Assurant or its subsidiaries or affiliates. Assurant and/or its licensors retain all right, titles and interest to all material provided on this Site. The posting of information and material on this Site does not constitute a waiver by Assurant or any of its licensors of any rights in such material and does not transfer any rights to any User of the Site.

LINKING

The User may leave this Site and access other sites on the World Wide Web that Assurant does not maintain. Assurant is not responsible for the content available on any other site on the World Wide Web linked to this Site and disclaims any responsibility for such other sites. Access to any such other site linked to this Site is at the User's own risk. Such links are provided solely as a matter of convenience and do not imply any endorsement, approval or certification by Assurant of the material on such sites.

PRIVACY

For our privacy policies, please refer to the Assurant Privacy Policy.

LAWS AND REGULATIONS

Access to and use of this Site are subject to all applicable federal, state and local laws and regulations.

GOVERNING LAW

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PUERTO RICO WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE ‎CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF ‎YOUR STATE OF RESIDENCE AS SET FORTH BELOW.‎

ACCESS TO PASSWORD PROTECTED OR SECURE AREAS

Access to and use of password protected, or secure areas of this Site are restricted to authorized persons only. Any User who accesses or attempts to access such areas without authorization may be subject to prosecution or subject to other available legal remedies.

ACCOUNT INFORMATION: USERNAME AND PASSWORD

To access the Services or certain features of the Services, you may be required to provide specific information and create a username and password to register an account. You agree that the information You provide to Us upon registration and at all other times will be true, accurate, current and complete, and You will keep this information accurate and up to date at all times. You are solely responsible for the security of all of your usernames, passwords, and registration information. You are responsible for all activities that occur under Your account (authorized or not). We reserve the right to suspend Your account and/or require You to alter Your password if We believe for any reason that Your password is no longer secure. The Services are not available to any users suspended or removed from the Services by Us.

YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL. YOU SHOULD NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

TERMINATON AND BLOCKING

Assurant reserves the right to terminate and/or block a User’s use or a User’s access to this Site for any reason without prior notice to the User.

FORWARD STATEMENTS

This Site may include "forward-looking statements" that express expectations of future events and/or results. All statements based on future expectations rather than on historical facts are forward-looking statements that involve a number of risks and uncertainties, and Assurant cannot give assurance that such statements will prove to be correct.

CHANGES TO TERMS AND CONDITIONS

Assurant reserves the right to revise these Terms and Conditions at any time and Users are deemed to be apprised of and bound by any changes to these Terms and Conditions each time a User visits the Site.

VIOLATIONS OF TERMS AND CONDITIONS

Assurant reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions, including, but not limited to, the right to block or terminate access from a particular Internet address to this Site.

The Assurant brand mark is a service mark of Assurant. No part of this site may be reproduced without written permission from Assurant.

Assurant requires that each visitor (a "User") to this Internet site on the World Wide Web (the "Site") adhere to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Site. By accessing this Site, each User acknowledges that he or she has read, understands and accepts each of the Terms and Conditions. If the User does not agree to all of these Terms and Conditions, he or she should not use this Site.

TERMS AND CONDITIONS

GENERAL

The information contained herein is not intended to constitute an offer to sell or a solicitation in connection with any product, security or service. It is provided solely for general informational purposes.

Insurance contracts are issued and underwritten by subsidiaries of Assurant Products and services may not be available in all jurisdictions. The financial obligations of individual products or polices are the sole responsibility of the underwriting company. Neither Assurant nor any other affiliates of the underwriting company are legally responsible for the product/policy obligations.

Assurant does not warrant the accuracy or completeness of the information, text, graphics, links or other content contained on this Site or any other server. Assurant makes no representation concerning the suitability of this documentation for any purpose. It is provided "as is" without express or implied warranty. This Site may contain hyperlinks to Web sites operated by parties other than Assurant, Inc. and its subsidiaries. Such hyperlinks are provided solely as a matter of convenience. Assurant does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement, approval or certification by Assurant of the material on such Web sites or any association with their operators.

If You are 18 or older but under the age of 21, then Your parent or legal guardian must review and accept these Terms on Your behalf through Our registration process. If You are a parent or legal guardian entering into these Terms on behalf of and for the benefit of a child who is or is over the age of 18 but under the age of 21, then You agree to and accept full responsibility for that child's use of the Services, including all financial charges and legal liability that he or she may incur.

LIMITATION OF LIABILITY

Assurant expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy. Information in this Site may contain inaccuracies or errors, Information on this Site may be changed or updated without notice, Assurant has no obligation to update information on this Site, so such information may be out of date at any given time. Assurant, Inc. also may make improvements or changes in products described on this Site at any time without notice.

Assurant specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damage arising out of or in any way connected with access to or use of this Site (even if Assurant has been advised of the possibility of any such damage), including any liability associated with any virus that may infect a User's computer equipment. Under no circumstances will Assurant be liable for any loss or damage caused by a User's reliance on information obtained through this Site. It is the responsibility of each User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.

NO REPRESENTATION AS TO SUITABILITY

Assurant makes no representation as to the financial or other suitability of any product described on this Site for any User.

COPYRIGHT AND TRADEMARK

All content on this Site is protected by applicable copyright laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. The trademarks, logos and service marks (the "Marks") displayed on this Site are the property of Assurant or its subsidiaries or affiliates (collectively "Assurant"). Users are prohibited from using any Mark for any purpose without the express written permission of Assurant.

OWNERSHIP

The design, text and images of this Site are owned, controlled or licensed by Assurant or its subsidiaries or affiliates. Assurant and/or its licensors retain all right, titles and interest to all material provided on this Site. The posting of information and material on this Site does not constitute a waiver by Assurant or any of its licensors of any rights in such material and does not transfer any rights to any User of the Site.

LINKING

The User may leave this Site and access other sites on the World Wide Web that Assurant does not maintain. Assurant is not responsible for the content available on any other site on the World Wide Web linked to this Site and disclaims any responsibility for such other sites. Access to any such other site linked to this Site is at the User's own risk.

PRIVACY

As part of the normal operation of our Site, we may collect a limited amount of information about your visit. The information we may track includes the URL you just came from, which URL you go to after leaving our Site, what browser you are using, and your Internet provider address. This type of information is tracked by many Web sites in order to make sure that visitors are able to use the site information and functions successfully. None of this standard tracking information is personally identifiable. Assurant, Inc. does not collect personally identifiable information (information that reveals the visitor's identity) about a visitor unless the visitor knowingly and voluntarily provides such information.

For our privacy policies, please refer to the Assurant Privacy Policy.

LAWS AND REGULATIONS

Access to and use of this Site are subject to all applicable federal, state and local laws and regulations.

FORWARD STATEMENTS

This Site includes "forward-looking statements" that express expectations of future events and/or results. All statements based on future expectations rather than on historical facts are forward-looking statements that involve a number of risks and uncertainties, and Assurant cannot give assurance that such statements will prove to be correct.

ELECTRONIC (AND OTHER) COMMUNICATIONS

We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) via telephone call; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. “Communications” means (i) all notices, reports, documents, disclosures or other information that We are required to provide to You by law or that are reasonably necessary to provide the Services; (ii) surveys or questionnaires seeking input or feedback on the Services; and (iii) any marketing offers We send through any of the methods identified above.

You may withdraw Your consent to receive marketing Communications electronically by using the unsubscribe link in any e-mail Communication. You agree to allow Us a reasonable amount of time to process Your request.

It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise Us of any changes in Your contact information. You will need a compatible Device with internet access to view Communications.

CHANGES TO TERMS AND CONDITIONS

Assurant reserves the right to revise theses Terms and Conditions at any time and Users are deemed to be apprised of and bound by any changes to these Terms and Conditions. We may change these Terms at any time without notice, by updating this page. Such ‎changes will be effective upon posting to this page. Please check these Terms periodically for any ‎changes. Your continued use of the Services following the posting of any changes to these Terms will ‎mean You accept those changes. We reserve the right to alter, suspend or discontinue any aspect of ‎the Services, including Your access to them. Unless explicitly stated, any new features will be subject to ‎these Terms.

CREDIT/DEBIT CARD TRANSCATIONS

If required by Our payment processor, if You provide Us with consent, or as required by law, We may retain the credit/debit card details You provide to Us after payment has been made. We do not maintain any security code that You may have given to Us in order to complete payment of the fees, if any. This assists in reducing credit/debit card fraud. Our payment processor is PCI-compliant. Except in exceptional circumstances, any refund We provide to You for any payment You have made by credit/debit card is made back to the credit/debit card account used to make the initial payment.

USAGE RULES AND PROHIBITED CONDUCT

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT AND YOU WILL NOT ENCOURAGE OTHERS TO:

1.use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;

2.use the Services if You are under the age of 18/21;

3.use the Services for any commercial or non-private use without Our written consent, it being understood that the Services are intended for personal, non-commercial use only;

4.fail to deliver payment for the Services;

5.use the Services for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control, sanctions, and human trafficking;

6.post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

7.post, store, send, transmit, upload or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

8.use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage;

9.make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

10.impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other users;

11.share passwords or access to Your Device while the Services are running and/or accessible with any third party or encourage any other user to do so;

12.misrepresent the source, identity or content of information transmitted via the Services;

13.remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Services, digital rights management technologies that are integrated in the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;

14.intentionally interfere with or damage operation of the Services or any user's enjoyment of the Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

15.attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

16.use any robot, spider, scraper or other automated means to access the Services for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Services or modify the Services in any manner or form, nor to use modified versions of the Services, including without limitation for the purpose of obtaining unauthorized access to the Services; or

17.sell or transfer or allow another person to access Your account password, profile, or account.

VIOLATIONS OF TERMS AND CONDITIONS

Assurant reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions, including the right to block access from a particular Internet address to this Site. You agree that We, in the good faith belief that You have violated these Terms, may terminate any account or subscription (or any part thereof) for the Services and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Services or any portion thereof may occur without prior notice, and You agree that We will not be liable to You or any third-party for any such termination nor obligated to reimburse You for payments made to Us (if any) unless otherwise required by applicable law. These remedies are in addition to any other remedies We may have at law or in equity.

The Assurant brand mark is a service mark of Assurant. No part of this site may be reproduced without written permission from Assurant.

© 2022 Assurant

INDEMNIFICATION AND DISCLAIMER OF WARRANTIES

You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to Your use of the Services, and/or the Materials, any violation of these Terms, or any other actions connected with Your use of the Services and/or Materials. We ‎reserve the right, on notice to You, to assume ‎exclusive defense and control of any claim or ‎action, subject to ‎indemnification by You, without relieving You of Your indemnification ‎‎obligations hereunder. Upon learning of a claim by a third party that Your ‎use violates or ‎allegedly violates a third party’s rights, You agree to ‎promptly notify Us of any ‎such claim. You agree to ‎cooperate with Us as reasonably required in the defense of any such ‎‎claims, and You shall not in any event settle any such claim or matter ‎without the written consent ‎of Us.‎ In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to You shall not eliminate or reduce Your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE DO NOT WARRANT THAT (i) THE SERVICES OR MATERIALS WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY DEFECTS OR ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED; OR (iv) THAT THE SERVICES OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE, RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Documents, information, graphics and other Materials appearing on the Services may include ‎technical ‎inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such ‎documents, information, graphics or other Materials is at Your own risk.‎

DISPUTE RESOLUTION; ARBITRATION

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Read the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action.

Arbitration of Disputes. You agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to these Terms or Your use of the Services will be resolved by binding, individual arbitration, except for disputes relating to the infringement of Your or Our intellectual property (such as trademarks, trade dress, copyright and patents) or where We are seeking a preliminary injunction (“Excluded Disputes”). To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (“Consumer Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of the AAA's Consumer Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state (or equivalent political subdivision) where You live. We will advance to You either all or part of the fees of the AAA and of the arbitrator. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision, except that in no event shall this arbitration provision be amended or construed to permit arbitration on behalf of a group or class. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. This arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7 except were prohibited by law.

Confidential Arbitration. You and We agree that except as may be required by law, neither You nor We may disclose the existence, content, substance, documents, or information submitted thereunder, or any results of any arbitration hereunder without the prior written consent of other party.

CLASS ACTION WAIVER

Neither You nor We shall be entitled to join or consolidate claims under or relating to these Terms, ‎by or against other individuals or entities, or litigate or pursue any claim as a representative ‎member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE ‎YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ‎ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if ‎it finds such unenforceable.‎

Exclusions and Limitations; Consumer Protection Notice

If You are a consumer, the provisions in these Terms are intended to be only as broad and ‎inclusive as is permitted by the laws of Your state of residence. Certain states, like New Jersey, ‎have heightened consumer protection laws that may make certain terms of these Terms ‎inapplicable to You. Specifically, if You are a New Jersey consumer, the terms of certain Sections that broadly reference applicable law, including, but not limited to those entitled Indemnification and Disclaimer of Warranties, Limitation of Liability, Governing Law, Class Action Waiver, and Severability and Waiver do not limit or waive Your rights as a consumer under New Jersey law and the ‎provisions in these Terms, as they pertain to You, are intended to be only as broad and ‎inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms shall limit or waive Your rights as a consumer under the law of Your state of residence. In any ‎event, We reserve all rights, defenses and permissible limitations under the law ‎of Your state of residence.‎

SEVERABILITY AND WAIVER

If in any cause of action brought forth by You, in any court of law, having the jurisdiction to decide on this matter, a court rules that any provision of these Terms are invalid, then that provision will be given no effect for the limited purpose of adjudicating the cause of action, without affecting the rest of these Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Our failure to enforce any part of these Terms shall not constitute a waiver of Our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with the Terms to be binding, We must provide You with written notice of such waiver through one of Our authorized representatives.

ENTIRE AGREEMENT

These Terms, [together with (i) any additional terms which You agree when using particular elements of the Services, and, where applicable (ii) any separate written or electronic agreement between You and Us, constitute the entire agreement between You and Us with regard to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the Services.

We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.

These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.

BY USING THIS SERVICE, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.