GUIDEPOSTS TERMS OF SERVICE
Effective Date: January 9, 2015
Welcome to the Guideposts website!
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICES.
If you have any questions about these Terms, please contact us by email at [email protected] or call us at 1-800-932-2145.
1. GENERAL TERMS.
There are a few basic requirements you must comply with as a condition to having the right to use the Services.
- If you are under the age of 13, please discuss these Terms with your parents or legal guardian. They must consent to your use of the Services. If you are under the age of 18, Guideposts reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
- Users have previously been prohibited from using the Services are not permitted to access the Services.
- You may use the Services and access any content we provide only for their intended purpose in accordance with these Terms.
2. YOUR ACCOUNT.
You do not have to register to visit our Website. However, if you wish to contribute to the Website, submit content to us or otherwise access special features of the Services, you need to register with us and create a user account (your “Account”). The following terms apply to your Account:
- You will not transfer your Account to anyone without first getting our written permission.
- You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. We will never ask you for your password directly – if someone does that, you must contact us at [email protected].
- You can close your Account by contacting [email protected]. However, certain Terms applicable to your use of our Services in the past will survive.
- Guideposts has no obligation to retain a record of your Account or any data or information that you may have stored for your convenience by means of your Account or the Services. You are solely responsible for all activities that occur by way of the use of your Account, even if unauthorized.
- By providing us with your email address, you agree that we may send you emails related to your Account and to the Services generally. If you do not want to receive such general emails, you can opt-out by following the instructions in our messages. You may not opt out of emails relating to the administration of your Account.
3. WHAT YOU MAY NOT DO.
Use of the Services or Website in a manner that violates any applicable law, rule, or regulation, or any purpose not expressly permitted in these Terms, is strictly prohibited. Guideposts reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with these Terms. Without limitation, you will not:
- Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content of the Website;
- Use the Website, Services, or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
- Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
- Interfere with or damage the Website or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
- Impersonate or misrepresent your identity or affiliation with a person, entity or organization, including, without limitation, us, or use a false identity;
- Attempt to obtain unauthorized access to the Website or attempt to obtain any materials or information through any means not intentionally made available through the Website;
- Collect, manually or through an automatic process, information about users of the Website;
- Violate, misappropriate or infringe a third party’s intellectual property or other right;
- Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Website or Services;
- Engage, directly or indirectly, in any type of unsolicited solicitation; or
- Assist or encourage any third party in engaging in any activity prohibited or restricted by these Terms.
4. TERMS OF SALE
By purchasing items such as our books, magazines, or other merchandise, you consent to our then current Shipping and Return Policy, which is incorporated by this reference into these Terms. We want our customers to be completely satisfied with their purchase. If you have any concerns, simply contact 1-800-932-2145 or [email protected]. If you have questions regarding our eBooks, please visit our eBook frequently asked questions.
- Shipment and Taxes. Shipping and handling and taxes are not included in the price for books and other merchandise. Your transaction summary will list any taxes or shipping charges. You may calculate your estimated shipping and handling charge and learn more about delivery by visiting our Shipping Policy.
- Returns. We want our customers to be satisfied. If you are not happy with your purchase, you may be able to return your merchandise according to the Return Policy.
- Magazine Subscriptions. If you purchase a magazine subscription, please allow 4-10 weeks for delivery of your first issue. You may cancel your magazine subscription at any time and we will refund you the cost of any issues of the magazine that have not been distributed. Before your subscription ends, we will send you a bill to renew your subscription at the then current rate. To manage or cancel your subscription, please follow the directions on the customer service page.
- Purchasing Products. When placing an order, you agree that any and all information given is accurate and complete. All orders are subject to product availability and our acceptance of your offer to purchase the good(s) on the Website. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all items purchased via this Website passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments and agree to hold us harmless for the same.
- Errors. It is our intention to make this Website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this Website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. The content of this Website is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this Website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
- Availability and Pricing. Quantities of some items may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from this Website in a timely manner. Except for our eBooks which are available for purchase worldwide (where permitted by law and technically feasible), Products offered for sale on this Website are for sale only in the United States and Canada and all prices are quoted in U.S. dollars. To the extent any offers are available for purchase worldwide, higher shipping prices may apply. Buyers outside of the United States and Canada are responsible for any additional charges applicable to international delivery or that may be imposed by the jurisdiction. We may occasionally make errors in the stated prices on this Website. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
- Product Descriptions. We attempt to describe our products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our product descriptions.
5. CREDIT/DEBIT CARD TERMS.
By making a payment or donation to Guideposts (“Payment”), you agree to the following credit and debit card terms:
- Payment Information. To make a Payment, you must provide us with certain information about you, your credit or debit card, and, if applicable, your payment or donation amount. By making a Payment, you authorize us to charge your selected credit or debit card for the amount indicated, as listed in your Payment confirmation. Guideposts will process your debit card-funded transactions through either the ATM debit network or the applicable payment card network. If you incur problems, please contact the consumer assistance division of Guideposts at 1-800-932-2145 or [email protected]. We reserve the right to use the information you provide us in connection with this Payment to provide better service to you should you wish to use our Service again in the future and to protect us from fraud and other losses.
- NO REFUNDS for Donations. All donations to Guideposts are non-refundable.
Your Payment May Not Go Through. Completion of a Payment transaction is contingent upon: (a) your providing complete personal, account, transaction and any other information needed, (b) authorization of the Payment by your credit or debit card company, and (c) acceptance of your Payment. To ensure your Payment is processed accurately, we will validate your identity using the information you submit. In the event that your Payment is unable to be processed, we will attempt to contact you using the contact information you have provided. It is your responsibility to provide accurate and complete contact information when making your Payment. You acknowledge that your Payment may not be processed or might be rejected for a variety of reasons.
- Recurring Payment. If you select the recurring Payment option, you hereby authorize us to submit such recurring transactions for processing under these Terms, and you consent to us periodically charging your credit or debit card on a recurring or periodic basis for the Payment. You may cancel the recurring fee at any time by visiting the customer care page or contacting [email protected].
- Disclaimer. We are not responsible for fraudulent or unauthorized use of your data, or the failure of your Payment to be processed for any reason outside our control. You acknowledge that electronic payment transactions and data processing involves the inherent risk of human and machine errors, omissions, delays and losses, including, without limitation, inadvertent loss or errors. We and our suppliers do not, and cannot, control the flow of data to or from the Guideposts system, which depends in large part on the Internet and third parties. We make no representations or warranties regarding the amount of time needed to complete processing because the Service is dependent upon many factors outside of our control, such as delays in the banking system.
- Card Reward Program Payments. Your ability to make a Payment through your credit card or debit card reward program may vary by card issuer and by authorization method. You may not be allowed to use your reward program to make certain Payments. It is your responsibility to check in advance with your card issuer to determine the eligibility of your Payment for specific reward applications. Your Payment using the Service may not qualify you for reward points or other benefits under your card reward program. Guideposts is not responsible for the determination, eligibility, operation or application of card issuer reward programs.
- International Fees. Based on the terms of your cardholder’s agreement with your card issuer, you may be charged a fee, such as a foreign currency charge or international transaction fee, for an international Payment. The Guideposts transaction summary will only display the amount of your Payment transaction and will not list any third party fees.
- Tax Deductions. If you are making a donation to Guideposts, your entire Payment or part of your Payment may or may not be tax deductible. Guideposts is not responsible for the determination or eligibility of your Payment for tax deduction.
- Cancellation of Payment. You may cancel your Payment prior to your final submission of it to us. We may, in our sole discretion, cancel your Payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future Payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a Payment; (iv) if we detect, in our sole discretion, that your Payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested. If we terminate our Services to you pursuant to these Terms, we will immediately cease processing Payments for you.
6. USER SUBMITTED CONTENT.
- By sharing, submitting and uploading any photos, video, data or other content (“User Content”), you grant Guideposts a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license and right (but not the obligation) to use, reproduce, distribute, prepare derivative works of, display, transmit and perform your User Content in any legal manner or medium, now known or hereafter devised, for the benefit of Guideposts. This exploitation may include, without limitation, use of your User Content to endorse Guideposts.
- Additionally, you further grant Guideposts a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide license and right (but not the obligation) to exploit your name, alias (e.g. a username or custom emblem), likeness, personality, voice, and any other materials or information you submit to Guideposts in connection with your User Content.
- Other than as provided in these Terms, you will retain ownership of all rights in your User Content.
- You acknowledge and agree that you are solely responsible for all of the User Content that you make available through Guideposts. Accordingly, you represent and warrant that: (1) you are at least eighteen (18) years of age; (2) you have all rights, licenses, consents and releases necessary to grant Guideposts the required rights to disseminate any User Content and make all the grants of rights in these Terms; (3) you are the sole human subject depicted in the User Content; (4) no persons under the age of eighteen (18) years of age are depicted in the User Content; (5) your User Content does not contain any trademark, logo, brand name or trade name (or variations or parodies of them) of any company or person other than Guideposts; (6) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Guideposts' use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation; (7) your User Content does not contain any material that depicts nudity, is sexually explicit, profane, defamatory, or obscene; pertains to violence, discrimination, illegal activities; or is offensive, harassing, or threatening; and (8) your User Content does not contain or link to any malicious code or content of any kind.
- You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Guideposts for its use or exploitation of the User Content or your name, alias, likeness, personality, or any other materials you submit in connection with your User Content as licensed herein, as well as any claims under “moral rights” or similar theories.
- You agree that you will not receive any compensation for Guideposts’ exploitation of the User Content and Guideposts has no obligation to use any of your User Content. Guideposts may remove your User Content from the Website or suspend or modify the Website, at any time. Guideposts will not return User Content to you.
- If you believe any content available through the Services infringes your rights or the rights of others, you can submit a complaint through our Infringement Policy.
- Intellectual Property Rights. All content on the Website, or otherwise made available via the Website (“Content”), the trademarks, service marks and logos contained therein, the design of the Website and/or Services, and all software and other technology used to provide the Website and/or Services, are owned by or licensed to Guideposts. We reserve all rights not expressly granted to you.
- Third Party Content. The Website may contain Content provided by third parties. In addition, the Website may contain links to third party websites. Guideposts is not responsible for the third party content on the Website or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for third party content on the Website, or the content on, or the practices of, third party sites. Any opinions, advice, statements or other information expressed or made available by third parties, including, but not limited to, bloggers, are those of the respective third party and not of Guideposts.
8. GUIDEPOSTS REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
Using our Services contains some risks. We need to tell you about them and let you know that Guideposts is not responsible for any harm you may experience. Specifically:
- THE SERVICES, AND ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES AND WEBSITE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. GUIDEPOSTS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
- GUIDEPOSTS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATIONS ON DAMAGES.
Guideposts’ liability is limited for any damages you or a third party may incur as follows:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUIDEPOSTS, ITS AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR ATTORNEYS’ FEES , ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF GUIDEPOSTS OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF Guideposts IN CONNECTION WITH THE WEBSITE AND SERVICES EXCEED $100 OR THE AMOUNTS YOU PAID TO GUIDEPOSTS IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.
- YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.
10. REPRESENTATIONS AND WARRANTIES.
You must provide us with true, current, complete and accurate information and follow these Terms. In particular, if you use our Services, you are representing and warranting to Guideposts that:
- You have the full power and authority to enter into and follow these Terms;
- By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes such third party’s acceptance of these Terms;
- Your agreement to and following of these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law; and
- These Terms are binding on you and enforceable against you.
- You agree to defend, indemnify, and hold Guideposts and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); or (iii) arising from or related to our use of your User Content in the context of the Services.
- If you are required to provide indemnification, Guideposts may, in its sole and absolute discretion, control any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without Guideposts’ consent.
12. CHANGES TO THE SERVICES; TERMINATION.
- Termination. Guideposts may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Website, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Website at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these Terms, our rights or the rights of any third party) or no reason at all.
- Effect of Termination. If we terminate your use of the Website or Services, you must cease all use of the Website and our Services immediately. The Terms will survive indefinitely unless and until Guideposts chooses to terminate them.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
- Tsehe Terms, your use of the Website and Services, and any other matter relating to Guideposts will be governed by the laws of New York, without regard to conflict of laws principles.
- These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
i. First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or
other appropriate relief in any court of competent jurisdiction.
ii. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Putnam County,
New York, if the claim and the parties are within the jurisdiction of the small claims court.
- BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
- REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
- Software made available through the Services may be subject to United States export control laws, which state that certain software cannot be downloaded to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (and by using the Services you represent you are not on any of those lists).
- These Terms make up the entire agreement between the parties regarding Guideposts and supersedes any prior agreements.
- Under no circumstances shall Guideposts or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Guideposts’ reasonable control.
- When you use the Website or Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website or through the other Guideposts Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address [email protected].
- You may not transfer your rights or obligations under these Terms without the prior written consent of Guideposts. Guideposts may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Guideposts. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Guideposts and you. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. You and Guideposts are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The terms “includes” and “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
- If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be a legally binding provision of these Terms as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision will be deemed deleted from these Terms as though such provision had never been included herein. In either case, the remaining provisions of these Terms will remain in full force and effect. Also, the invalidity or unenforceability of any single part of these Terms will not affect the validity or enforceability of any other part of these Terms, all of which will remain in full force and effect.