TERMS OF SERVICE
Last Update: February 1, 2021
This website (the “Site”) is operated by AFN Technologies, LLC. (“AFN”). The terms “we”,
“us” and “our” also refer to AFN. AFN provides its services to you through this Site. The
services and this Site together are referred to as “Services”. We provide the Services to
you conditioned upon your acceptance of the following terms of service (the “Terms”). Any
new features or tools which may be added to the Services from time to time are also
subject to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You must accept these Terms (including any additional terms and policies referenced here
and/or available by hyperlink) in order to use the Services. These Terms apply to all users
of the Services. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Additional terms might apply to some Services or features. All such terms are in addition to (and do not replace) these Terms. Please be sure to read any such additional terms carefully. and in the event of a conflict, the additional terms will control over these Terms. Resolutions are decided by us in our sole discretion, and all our determinations are final.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates and/or changes to the Site. You should review the most current version of the Terms periodically on the Site (it is your responsibility to check for changes). Your continued use of the Services following the posting of any changes signifies that you accept the changes. If you do not agree to the changes, you should discontinue your use of the Services.
CLASS ACTION WAIVER EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE
SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
Your use of the Services, and the use of any information collected by us through your use of the
located in the footer, which is incorporated as part of these Terms. Your use of the Services
Some of your activity on and through the Services is public. If you choose to provide information
using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. We are not responsible or liable for any information that is made public pursuant to the public features of the Service.
You can browse the Site without registering for an account. You are required to register in order to access and use certain features of the Services, including creating a fundraising campaign
(“Fundraiser”) and providing a monetary contribution to a Fundraiser (“Contribution”). To register
for an account, you must be 18 or over (and old enough to form a binding contract in the jurisdiction in which you reside). If you are under 13 years of age, you may not use the Services. If you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services.
You agree to provide and maintain only true, accurate, current and complete information about
yourself as part of your account. Users who post Fundraisers (“Organizers”) must register using their true identities, including their name and any image or video purporting to depict the Organizer or the beneficiary of such campaign. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity (including proof of age).
You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.
We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user, Organizer, Fundraiser, Contribution, or the Services at any time for any reason without liability. If you are suspended from using the Services by us at any time, you are not eligible to use the Services.
SERVICES DESCRIPTION AND USE
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-
transferable, non-sub licensable license to access and use the Services for personal use only. The Services allow Organizers to post Fundraisers to the Services to accept Contributions from
registered users who wish to contribute funds to the Fundraiser (“Contributors”). For the purposes of these Terms, the term "Organizer" shall also include any individual(s) designated as a beneficiary of the applicable Fundraiser.
You understand that AFN is not a professional charitable organization. You acknowledge that we
merely provide a technology platform to allow Organizers to connect with Contributors. We are not a broker-dealer, agent, financial institution, creditor, insurer for any user, or member of the
Financial Industry Regulatory Authority. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
We make no representations or warranties as to the potential tax-deductible status of any
Contribution to a Fundraiser whose purported recipient is a recognized 501(c)(3) or other tax-
advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed (or will remain deemed) a charitable or tax-advantaged organization by the IRS. Organizers, Contributors, and users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary by state, these laws typically include registration and reporting requirements.
We facilitate the Contribution transaction between Organizers and Contributors, but AFN is not a
party to any agreement between Contributor and Organizer (any such agreement is between
Contributor and Organizer only). We have no control over any information or content provided by an Organizer or any other user, and we do not and cannot verify such information or content. We make no representations about the quality, safety, morality or legality of any Fundraiser,
Contribution, or content. All information and content provided by us through the Services is for
informational purposes only, and we do not guarantee the truth, accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Access by you of information and content while using the Services is at your own risk. We hereby disclaim all liability with respect to such information and content to the fullest extent permitted by applicable law.
All Contributions are made voluntarily and at your own risk. We do not guarantee that the
Contributions will be used in accordance with any fundraising purpose prescribed by the
Organizer. We have no obligation to verify that the use of any Contribution is in accordance with
applicable law and these Terms. Contributors must make the final determination as to the value
and appropriateness of contributing to any Fundraiser or Organizer. You are solely responsible for asking any questions you may have for any Organizers. Before making any decisions regarding any Fundraisers or Contributions, you should consult your financial, legal, tax advisers or other professional advisor as appropriate.
We do not guarantee that a Fundraiser will obtain a certain amount of Contributions or any
Contributions at all. We do not personally endorse any Fundraiser or Organizer. We expressly
disclaim any liability or responsibility for the success or outcome of any Fundraiser.
FEES AND PAYMENT
Setting up an account for the Services is free. We do not charge Service fees to Organizers. We charge a Services fee of 10% to Contributors (the “Services Fees”), plus an industry-standard payment processing fee (the “Processing Fees”). By using the Services, you agree to pay the Services Fees and Processing Fees. No refunds for any Services Fees or Processing Fees will be provided.
It is your responsibility to determine what, if any, taxes apply to the Contributions you make or
receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Credit card payment processing services are provided by Stripe, Inc. (“Stripe”) and are subject to the INSERT AGREEMENT, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to our enabling credit card payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to the Services Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Certain aspects of our Services may require you to register with, and agree to the terms of, third
party service providers in order to utilize such Services. We may also provide links or other access to other third party service providers as a convenience to you. Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services, and we make no representations or warranties with respect to such third party services. Please be sure to read any terms and policies that may apply to the third party services.
Our Services are protected by various intellectual property laws which may include patent,
copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright
and other legal notices, information, and restrictions contained in any content accessed through the Services. You agree not to (or permit a third party to) change, translate, reverse engineer, create derivative works, reproduce, duplicate, transfer, mirror or frame, copy, sell, resell, lease or otherwise exploit the Services or any portion thereof, without express written permission by us. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise.
Organizers are solely responsible for all Fundraiser descriptions, comments, videos, images,
information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or transmit or otherwise use via the Services. We are not responsible if content made available via the Services is not truthful, accurate, complete or current. You represent and warrant that your content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant to us the rights herein) and that your content will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You grant to us (and others acting on our behalf) the worldwide, non-exclusive, perpetual,
irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your content.
If any content contains your name, image or likeness, you hereby release and hold harmless AFN and any of its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made in connection with your content, name, image or likeness.
We reserve the right (but have no obligation to) monitor, block, remove, edit or modify any content, in our sole discretion, at any time, without notice to you and for any reason. We may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AFN, its users or the public. We may consult and cooperate with law enforcement to disclose unlawful conduct, and to prosecute users who violate the law, pursuant to valid legal process.
Services are intended for use in the United States only. You may not use the Services for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts.
In the using the Services, you warrant that you will not violate any international, federal, state or
local laws, rules, regulations or ordinances. You will not infringe upon or violate any third party
rights, including but not limited to intellectual property or proprietary rights. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind, or any code that will affect the functionality or accessibility of the Services. You will not use the Services to harass, abuse, bully, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or disease, or for Fundraisers in support of, or for the legal defense of alleged crimes associated with any of the foregoing, or with hate, violence, terrorism. You will not use the Services to (a) submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself); (b) collect or track the personal information of others; (c) spam, phish, pharm, pretext, spider, crawl, or scrape; or (d) to interfere with or circumvent the security features of the Services. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity with an entry fee and prize on or through the Services.
You will not use the Services in connection with any (i) content or Fundraising that is fraudulent,
misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign; (ii) gambling, annuities, investments, equity or lottery contracts, pyramid schemes, or network marketing; (iii)activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law; (iv) funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; (vii) pornographic, offensive, or perverse content; (v) to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor; or (vi) any other activity that we may deem in our sole discretion to be unacceptable.
With respect to all Contributions you make or accept through the Services, you agree: (x) not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent; (y) not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC); and (z) to maintain and make available to us upon request a copy of all records related to Fundraisers and Contributions as necessary for us to verify compliance with these Terms.
A breach or violation of any Terms may result in an immediate termination of your ability to access the Services.
Organizer represents and warrant that (i) all information you provide in connection with a
Fundraiser is accurate, complete, and is not designed to mislead, defraud, or deceive any user; (ii) all Contributions contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your Fundraiser; and (iv) to the extent you share with us any personal data, you have the authority (including any necessary consents from third parties) as required under applicable law to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.
We respect copyright law and the Digital Millennium Copyright Act (“DMCA”) policy.
If you send us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us.
Comments are not confidential. We are and shall be under no obligation (1) to pay compensation for any comments; or (2) to respond to any comments.
You acknowledge that we may establish generally applicable practices and policies regarding use of the Services, including without limitation the maximum period of time that content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf.
We have no responsibility or liability for the deletion or failure to store any data or content
maintained or uploaded by the Services. We reserve the right to terminate accounts or Fundraisers that are inactive for an extended period of time. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We reserve the right to change our eligibility criteria at any time. We are not liable for any damages as a result of any of these actions.
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE. COMPLETE, OR RELIABLE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE OR SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
IN NO CASE SHALL AFN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY CONTRIBUTIONS (OR LACK THEREOF), OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE EXCEED FIVE HUNDRED DOLLARS ($500).
You agree to release, defend, indemnify, and hold AFN and its affiliates and their officers, employees, directors, agents, partners, contractors, licensors, service providers, and subcontractors harmless from any from any and all losses, damages, expenses, including reasonable attorneys’; fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Contribution or Fundraiser, any content, your violation of these Terms or your violation of any rights of a third party. If you are a California resident, you waive California Civil Code Section 1542, and if you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
These Terms are effective until terminated. You may terminate these Terms at any time by stopping your use of our Services, provided that if you are an Organizer, you will provide 7 days written notice of any such termination. If you violate these Terms, we may terminate these Terms and/or suspend or terminate your use of the Services immediately without notice and without liability to you or any third party. You will remain liable for your payment obligations hereunder made prior to any termination. Provisions which by their nature should survive termination of this Agreement shall survive any such termination.
You agree that you are solely responsible for your interactions with any other user in connection
with the Services and we will have no liability or responsibility with respect thereto. We are under no obligation to become involved in disputes regarding the determination of the rightful Organizer and will not be obligated to make any changes to Organizer accounts or transfer of ownership. In the event of any dispute, we may provide the Organizer’s contact information to the Contributor (and vice versa) so that the two parties may resolve their dispute.
DISPUTES YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY
PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS.
YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of AFN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will provide you notice via email, written notice, or by conspicuously posting the notice on our Site. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. All materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law and in any investigation of alleged illegal activity regarding the use of the Services. All subpoenas must be properly served on us, preferably by mailing to the address below. We do not accept service via email or fax.
1593 Osgood Street
North Andover, MA 01845
Questions about these Terms should be sent to: firstname.lastname@example.org