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BetterDoctor Terms of Use

Effective as of November 18, 2016

1. INTRODUCTION

The following Terms of Use (“Terms ") govern your (hereafter “you”, “your”, “User”) use of the Services, as defined below, featured at the website located at the URL www.betterdoctor.com (the “Site“), which is controlled and operated by BetterDoctor, Inc. (“Company”, "BetterDoctor", "we", "us", or "our").

By accessing the Site, registering with and/or using any of the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access the Site or use the Services Your right to use the Site and the Services thereon is expressly conditioned upon your assent to all of these Terms of Use, to the exclusion of all other terms. The Site and Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.

License Grant. Subject to the terms of these Terms of Use, BetterDoctor hereby grants you a limited, revocable, non-exclusive, personal, non-sublicensable, non-assignable license to access the Site, and where applicable, use the Services.

2. ACCOUNT REGISTRATION; SECURITY; PRIVACY

To use the Services featured on the Site, you must register to create an account (“Account”). Your eligibility for an Account is subject to the following provisions:

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account and your access to the Site and services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or violates these Terms. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your Account at support@betterdoctor.com.

Your privacy is very important to us. Any information BetterDoctor collects through your use of the Site or Services is subject to our Privacy Policy, which we’ve posted to disclose our data and information collection practices. We encourage you to read the Privacy Policy to help you make informed decisions. The BetterDoctor Privacy Policy is incorporated by reference into these Terms. Your acceptance of these Terms means you have also read, understood, and accepted the BetterDoctor Privacy Policy.

3. THE BETTERDOCTOR SERVICES

BetterDoctor offers a platform for making accurate medical provider data widely available, and collects and shares such data through the following services (collectively, the "Services"):

  1. Health Plans: Health Provider Data Validation & Management

    BetterDoctor helps administrators of health plans keep its medical provider data current and in compliance with the federal and state regulations outlined on the Site.

  2. Doctors: Self-Reporting and Data Verification for Regulatory Compliance

    BetterDoctor allows doctors and other eligible, licensed medical practitioners to self-report and verify their provider information for regulatory compliance and/or contractual obligations.

    If you are a health care provider submitting information about your office, service, or specialty, or other relevant information, you are subject to the following additional terms:

    • BetterDoctor restricts its Doctors self-reporting and verification service to health care providers who hold active medical licenses and all certifications necessary to practice generally and/or practice any specialty medical services offered to patients. If you are a health care provider, you represent and warrant, by your use of the Services, that you hold an active medical license and all necessary certifications, and will notify BetterDoctor in any your information changes.
    • BetterDoctor restricts its Doctors self-reporting and verification service to health care providers who hold active medical licenses and all certifications necessary to practice generally and/or practice any specialty medical services offered to patients. If you are a health care provider, you represent and warrant, by your use of the Services, that you hold an active medical license and all necessary certifications, and will notify BetterDoctor in any your information changes.
    • You represent and warrant that your information will be complete and accurate to the best of your knowledge.
    • You acknowledge that, in providing the Services, BetterDoctor may: (A) update your profile with information obtained from third party sources; (B) contact you by phone, email, text, or other media; and (C) take all other actions necessary to provide the Services and keep your practice information complete and current.
    • In addition to the permissions granted above, you further grant to BetterDoctor an irrevocable, perpetual, gratis, royalty-free, fully sublicensable, fully paid up, worldwide license to (A) use and modify your submitted information; (B) to aggregate your submitted information in original or modified form; (C) to publish your submitted information on the Services, in original or modified form; and (iv) to sublicense the right to do any of (A), (B), or (C) for the sole purpose of providing the Services.
  3. API

    BetterDoctor makes its API available to developers creating medical provider data products. Your use of the BetterDoctor API is subject to per-case pricing plans and the BetterDoctor API Terms of Use.

Each and every of the above Services are made available subject to these Terms, and may also be subject to any written agreement that may reflect a particular agreement between you and BetterDoctor. BetterDoctor makes its API available to developers subject to the API Terms of Use.

4. ELECTRONIC CONTRACTING, NOTICES AND COMMUNICATION;

Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. Further, your using and/or registering for the Services constitutes “consent” and creates an “established business relationship” under Telephone Consumer Protection Act. You hereby warrant and represent that BetterDoctor may contact you and communicate with you using any electronic communications technology, including but not limited to email, faxing, telephone, and instant messaging via third party communication and social media platforms.

5. ENTIRE AGREEMENT

Absent a written agreement between you and Better Doctor, these Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Services, including the Privacy Policy, constitute the entire agreement between you and us as to your access to the Site and use of the Services. These Terms of Use are only superseded by a written agreement between you and BetterDoctor. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of BetterDoctor to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

6. BETTERDOCTOR DOES NOT PROVIDE MEDICAL ADVICE

The Services made available by BetterDoctor, and its employees, contractors, partners, sponsors, advertisers, licensors are for medical provider data verification purposes only.

THE SERVICES PROVIDED BY BETTERDOCTOR ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL IF YOU ARE OR IF YOU HAVE EXPERIENCED A MEDICAL ISSUE POSSIBLY REQUIRING PROFESSIONAL MEDICAL ATTENTION. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

7. DO NOT SUBMIT PATIENT HEALTH INFORMATION

Do not provide us with any information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual (collectively, “Individually Identifiable Health Information”). Providing any such information may be grounds for termination from use of the Services. We reserve the right to delete such information without notice to you.

8. NO DOCTOR/PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SERVICES.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION THAT MAY BE ON THE SITE OR MADE AVAILABLE VIA THE SERVICE. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL THAT MAY BE FEATURES ON THE SITE OR USED IN OUR MARKETING MATERIAL.

9. AUTHORIZATION AND ACKNOWLEDGEMENT

In connection with using the Services, you understand and agree that, in BetterDoctor’s sole discretion:

  1. BetterDoctor may pre-populate the Services with information for health care providers;
  2. BetterDoctor may select health care providers to be featured on the Services based on pre-existing contractual agreements with the health care providers. Such selection is not an endorsement of such professionals;
  3. In addition to signing a contract, health care providers may pay a fee to BetterDoctor in order to appear on the BetterDoctor Services; and
  4. BetterDoctor restricts participation in the Services to health care providers who hold active medical licenses and all certifications necessary to practice any specialty services offered to patients. If you are a health care provider, you represent and warrant, by your continued use of the Services that you hold an active medical license and all necessary certifications, and will notify us promptly if any of this information changes.

9.1 Registration

You can also sign up by logging into online accounts you may have with third party service providers,; each such account, a "Third Party Account", via our Services as described below. As part of the functionality of the Services, you may link your BetterDoctor Account with Third Party Accounts, by allowing BetterDoctor to access your Third Party Account, to the extent permitted under the applicable terms and conditions that govern your use of each Third Party Account. If you chose to login through a Third Party Account, the login process will be governed by the terms and conditions imposed by the applicable Third Party Service.

You represent that you are entitled to grant BetterDoctor access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BetterDoctor to pay any fees or making BetterDoctor subject to any usage limitations imposed by the applicable Third Party Service. If you decide to register by logging into a Third Party Account via our Services, we may obtain the personal information you have provided to the applicable Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we may also have access to the information in your Third Party Accounts. To the extent permitted by your Third Party Account settings, BetterDoctor may pre-populate your BetterDoctor registration with Content from your Third Party Account. For example, if you choose to login to BetterDoctor through Doximity, the login authentication occurs between you and Doximity; BetterDoctor may obtain any information that you have authorized Doximity to provide. Please review Third Party Service terms before using these shared login services. Such Third Party Service have different terms of use and different protections for your content and personal information.

10. YOUR RESPONSIBILITIES IN USING THE SERVICES

You may only use the Services for lawful purposes in accordance with these Terms and any written agreement between you and BetterDoctor.You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  1. copy, modify, adapt, translate, or reverse engineer any portion of the Services, and/or its content or materials;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any content or other material obtained via the Services;
  3. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;
  4. access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or health care providers;
  5. reformat or frame any portion of the web pages that are part of the Services;
  6. create user accounts by automated means or under false or fraudulent pretenses; or
  7. collect or store personal information about other Users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these Terms of Use, we may take any legal action and reserve the right to implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use with or without notice to you.

11. CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Services with notice of the changes within a reasonable time period. Your continued use of the Services following such notification shall constitute your affirmative acknowledgement of and agreement to the updated Terms of Use. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Services.

12. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or more of the existing Services and features therein. We may make any such changes in our sole discretion and without prior notice. Any changes to the Services will continue to be governed by these Terms of Use, which may be updated, in our sole discretion, for consistency with any such changes. You agree that BetterDoctor will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

13. LINKS TO OTHER SITES

The Services may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

14. ADDITIONAL TERMS

Certain of the Services may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Services and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

15. NO SPAM

You may not use contact information provided by health care providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this provision. We may terminate your membership or access to the Services immediately and take other legal action if you or anyone using your Account credentials violates these provisions.

16. Content You Post or Submit

You may have the opportunity to submit information related to your practice, and, if you are a health care provider, updates to your profile information that appears on the Services. It is important that you act responsibly when providing your information to ensure such information is accurate, complete and current.

16.1 Copyright Ownership

You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Your Content; and you agree to and hereby do license to BetterDoctor, and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, fully transferable, worldwide license to reproduce, distribute, publicly perform, publicly display, digitally perform, publish, make available, communicate to the public, adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content. This license is non-exclusive, except you agree that BetterDoctor shall have the exclusive right to practice this license to the extent of combining Your Content with the other Services Content for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.

If you are a copyright owner or an agent thereof and believe that any Services Content infringes upon your copyrights, or any other intellectual property rights you own, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (as designated below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BetterDoctor to locate the material;
  4. Information reasonably sufficient to permit BetterDoctor to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BetterDoctor's designated Copyright Agent to receive notifications of claimed infringement is Ari Tulla (BetterDoctor Inc., 945 Bryant Street Suite 350, San Francisco, CA 94103, or send email to copyright@betterdoctor.com). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BetterDoctor customer service (support@betterdoctor.com).

BetterDoctor will terminate a User's access to the Services if, under appropriate circumstances, the User is determined to be a repeat infringer. BetterDoctor reserves the right to decide whether User Content violates these Terms of Use for reasons other than copyright infringement. BetterDoctor may at any time, without prior notice, and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms of Use.

16.2 Content About You

If you are a health care provider, we may pre-populate your public profile with Third Party Content or other Content. If you would like us to remove any of this Content, please contact our support (support@betterdoctor.com). You can also remove or edit this Content yourself by signing up for an account with BetterDoctor.

16.3 Restrictions on Posted Content

We reserve the right to publish Your Content as part of the Services and to remove Your Content for any reason. We are not, however, responsible for any failure or delay in removing Services Content. Keep in mind that the Content of others is simply opinion and should not be relied on. In addition:

  1. Your Content may not falsely express or imply that such Content or material is sponsored or endorsed by BetterDoctor.
  2. Your Content may not be unlawful or promote or encourage illegal activity.
  3. You understand and agree that BetterDoctor may (but is not obligated to) review and delete any of Your Content that in the sole judgment of BetterDoctor violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users or members of the Services.
  4. You agree that you will only provide Content that you believe to be true and you will not purposely provide false or misleading information.
  5. The following is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Services. BetterDoctor reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services. You may not post content that: (i) is false or intentionally misleading; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of unsolicited mass mailing or "spamming"; (iv) violates the intellectual property or other rights of any person; (v) is threatening, obscene, defamatory or libelous; or (vi) is pornographic or sexually explicit in nature.

17. DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE NAME BETTERDOCTOR IS NOT A QUALITY PROMISE OR A GUARANTEE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF USER CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. WE MAY AGGREGATE DATA FROM THIRD PARTY SITES, IN WHICH CASE BETTERDOCTOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH THIRD PARTY CONTENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BETTERDOCTOR MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. BETTERDOCTOR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

18. LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICES OR (B) $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERDOCTOR DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTH CARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

19. BETTERDOCTOR RESERVES RIGHT TO TERMINATE YOUR ACCOUNT

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. BetterDoctor shall not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after any such deletion, deactivation or termination. Sections 3 through 5 and 15 through 16 shall survive any termination or expiration of these Terms of Use.

20. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to or use of the Services, (b) the violation of these Terms of Use by you or any third party using your Credentials, or (c) the violation of any intellectual property or other right of any person or entity by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

21. CHOICE OF LAW AND VENUE

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BetterDoctor (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.

22. ASSIGNMENT

We may assign this contract at any time to any parent, subsidiary, or any affiliated company; or as part of a reorganization, or the sale to, merger with, or other transfer of our company, or sale or transfer of the assets of our company, to another entity. We will post a notice on the Services regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this Section 22 shall be null and void.

23. ELIGIBILITY

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Services. If you are under the age of 13, you may not use the Services, in compliance with the Children's Online Privacy Protection Act. If you do not qualify under these terms, do not use the Services. Membership in the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Services are administered in the United States and intended for United States users only; any use outside of the United States is at the User's own risk and Users are responsible for compliance with any local laws applicable to their use of the Services.

Last Updated on November 17, 2016.

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