Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Sozensys, LLC, a Missouri limited liability company d/b/a Props2 (“Company” or “we”). This Agreement governs your use of the Props2 application, (including all related documentation, the “Application”). The Application is licensed and not sold to you.

Please read this Agreement carefully before using the Application. This Agreement is effective unless and until terminated by Company. If you do not agree to the terms and conditions in this application, do not download or use the Application.

  1. Content.
    1. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the Application (collectively, “User Content”). Our policies with respect to copyright infringement complaints are in our Community Guidelines.
    2. You hereby grant to the Company a non-exclusive, fully paid and royalty-free, worldwide, unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate any User Content that you publish or otherwise make available (“post”) using the Application (“Your Content”), including without limitation the rights to distribute part or all of Your Content in any media format through any media channels. You represent and warrant that: (1) you own Your Content or otherwise have the right to grant the license set forth in this section, (2) the posting and use of Your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, (3) the posting of Your Content on the Application does not result in a breach of contract between you and a third party; and that (4) that you will only submit product or services reviews with respect to products or services you have personally purchased within the last thirty (30) days.
    3. The Application contains some text, images, and other content generated by Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights in the Company Content and all Company trademarks, service marks, design marks, slogans, and copyrights. Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Company Content (excluding any software code) solely for your personal use in connection with viewing and using the Application.
    4. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services (“Third-Party Content”). You acknowledge and agree that Company is not responsible for Third-Party Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Content. Third-Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Third-Party Content appearing on or through the Application.
    5. Restrictions on Content. Your rights to access the Services and post Your Content are expressly conditioned on your compliance with the Community Guidelines.
    6. Monitoring Content. Company has the right, without notice or warning, to:
      1. Remove or refuse to post any App Content for any or no reason in our sole discretion.
      2. Disclose your identity or other information about you to any third party who claims that Your Content violates their rights, including their intellectual property rights or their right to privacy.
      3. Take appropriate legal action with respect to any illegal or unauthorized use of the Application.
      4. Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all User Content and Third-Party Content before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor, examine, record, copy, or use any and all information transmitted or received through the Service.

  1. Application Maintenance. There may be occasions when the Application will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Company. Deleted App Content may be stored by Company in order to comply with certain legal obligations but may not be retrievable without a valid court order. Company will not be liable to you for any modification, suspension, or discontinuation of the Company Services, or the loss of any Content.
  1. License
    1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
      1. download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (your “Mobile Device”) strictly in accordance with the Application’s documentation; and
      2. access, stream, download, and use on such Mobile Device the Content (as defined below) and all services provided through the Application including but not limited to messaging services, Rewards, and other features and functions of the Application (the “Services”) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
    2. License Restrictions. Licensee shall not:
      1. copy the Application, except as expressly permitted by this license;
      2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
      3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
      4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
      5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
      6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
      7. use the Application:
        1. in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
        2. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
        3. to send, upload, download, use, or re-use any User Content, Company Content, or Third-Party Content (any “App Content”) that does not comply with the Community Guidelines as set out in this Agreement.
        4. to transmit, or procure the sending of, any advertising or promotional App Content, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation that does not comply with the Community Guidelines and this Agreement;
        5. to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
        6. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.
      8. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  • Privacy and Data Security
    1. Site Security. You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or any other posting to any part of the Application. Violations of system or network security may result in civil or criminal liability. Company may investigate occurrences that it suspects may violate these restrictions and may seek to involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Application, any activity being conducted on this Application.
    2. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [INSERT LINK TO PRIVACY POLICY]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
    3. Your Authentication Credentials. If you use the Application, you are responsible for maintaining the confidentiality of your passwords and other authentication credentials, and you agree to accept responsibility for all activities that occur under your account or password.
    4. Geographic Restrictions. The Services are based in the state of Tennessee in the United States and provided for access and use by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
    5. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or eliminate certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Your Mobile Device may automatically apply Updates or may prompt you to apply Updates depending upon then-current app store policies and your Mobile Device settings. You agree that you will promptly download and install any Update we make available and acknowledge that your failure to do so may affect the functionality the Application. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
  • Use of the Application
    1. Payments to Users.
      1. User Rewards Generally. Company may, from time to time, offer you rewards points (“Rewards”) when you make certain posts about certain businesses, which may change at any time, through the Application (any post for which Rewards are owned is a “Eligible Post”). The amount of rewards earned for Eligible Posts is subject to change at any time without notice but is generally passed on the quality of your post as determined by Company and the business that is referred to in the post, your Community Impact Score (“CIS”), and the type of business you review. Your CIS will increase as you gain more support and connections within the Application and make highly rated posts regularly. At any time and in the Company’s sole discretion, the Company may determine whether or not to award you Rewards; determine whether or not you have earned Rewards; or adjust your Rewards total in the Company’s sole discretion. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards total. You will be unable to redeem Rewards of $600.00 or more, cumulatively, in any calendar year unless both the Company gives prior written consent and you provide the Company with required tax reporting information.
      2. Rewards Redemptions and Minimum Rewards Level. Once you have accumulated at least $10.00 in Rewards in your account (the “Minimum Distribution Amount”), you may elect to have Company distribute your Rewards once or on a recurring basis via one or more of the available distribution options as shown in the Company mobile app. The available distribution options are subject to change without notice to you, in accordance with this Agreement, and you have no vested right to any particular form or method of distribution. You may not redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Distribution Amount, or if subsequently your Rewards fall below the Minimum Distribution Amount, for as long as your Rewards remain below the Minimum Distribution Amount. For each distribution option made available by Company to you through the Service, Company displays to you within the Company mobile app the Minimum Distribution Amount at any given time, in which case that Minimum Distribution Amount will apply. The Minimum Distribution Amount is subject to change by Company at any time. Company may, at its sole discretion, limit the amount of Rewards that you can earn or redeem in any given period of time or for any particular transaction. If you elect to close your virtual account and you have undistributed Rewards that meet or exceed the Minimum Distribution Amount, you must distribute those Rewards prior to closing your account. If your account is terminated by Company, and if you fail to properly redeem your Rewards in accordance with this Agreement when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.
      3. Third-Party Payment Providers and Rewards Cash-out. In order to redeem your Rewards, you will be required to provide payment information to our third-party service provider (an “Authorized Money Transmitter”). This information is subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through an Authorized Money Transmitter, you further agree (i) that Company is acting as your agent with respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.
      4. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide Company with information Company requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by Company as a result of your action or inaction in connection with the foregoing (including your failure to provide Company with information). Company is further authorized to offset such tax liability from your Rewards.
      5. Account Maintenance Fees. There are costs associated with the creation and maintenance of your virtual account, and those costs are covered by the fees Company earns when make Eligible Posts. Therefore, if you have received rewards at least once during the past 180 days, your account will not be assessed any account maintenance costs. If, however, you do not make at least one Eligible Post during any 180 day period, Company will deduct from your virtual account, on a monthly basis, the lesser of (i) $4.00 USD, or (ii) the amount then reflected in your virtual account (in either case, an “Account Maintenance Fee”). No Account Maintenance Fees will be charged or deducted during the first three months after you initially register for your virtual account. Company will attempt to notify you before any Account Maintenance Fee is deducted from your account, or if the Account Maintenance Fee amount changes, by sending you an email to the address we have on file for you. Under no circumstances will you ever pay an Account Maintenance Fee with anything other than amounts in your virtual account – we will never ask you to make a payment for Account Maintenance Fees with credit or debit cards, checks, or cash. If your Rewards balance reaches $0.00, your balance will remain at that amount until you earn more Rewards or your account is terminated in accordance with these Terms.
      6. Rewards provided under this Agreement are provided solely by Company and not underwritten, sponsored, or provided by any other third-party, including Company’s brand and merchant partners. By accepting this End User License Agreement, you agree to not to seek Rewards or make any claims for Rewards against third-party providers, merchants, or manufacturers of products and services. You agree that Company may transfer and/or assign its rights and obligations under this End User License Agreement at any time.
      7. You acknowledge that each time you tag a business in Your Content, you may be acting as an endorser subject to regulatory oversight from the Federal Trade Commission (“FTC”). Guidance from the FTC concerning your disclosure obligations as an endorser is available on the FTC’s website. Company may make certain tools available to assist you in complying with the FTC’s applicable rules and guidance governing endorsed content, but as between you and Company you bear all responsibility for your own compliance with the FTC’s rules and guidance.
    2. Review Frequency. To protect the integrity of reviews on the Application, we may prohibit you from reviewing or tagging the same business more than once in a given number of hours or days according to our then-current policies.
  1. Other Terms and Conditions
    1. Term and Termination.
      1. The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section.
      2. You may terminate this Agreement by deleting your account and deleting the Application and all copies thereof from your Mobile Device, which shall be your exclusive method of termination.
      3. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. If you violate any of the terms and conditions in this Agreement or any agreement incorporated by reference herein, the Company may deactivate and delete your account without notice to you.
      4. Upon termination:
        1. all rights granted to you under this Agreement will also terminate, including the right to redeem any Rewards; and
        2. you must cease all use of the Application, Company Content, and Third-Party Content, and delete all copies of the Application, Company Content, and Third-Party Content from your Mobile Device and account.
      5. Termination will not limit any of Company’s rights or remedies at law or in equity.
    2. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE APP CONTENT) ARISING OUT OF USE OR INABILITY TO USE OF THE APPLICATION, SERVICES, OR APP CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE OR APP CONTENT, OR SERVICES OBTAINED THROUGH THE APP CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE APPLICATION FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF DOWNLOADING THE APPLICATION, IF ANY.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, asserted against Company by a third party or governmental entity and arising from or relating to your use or misuse of the Application, including but not limited to Your Content and your breach of this Agreement
  2. Data Breach Notification. We will primarily communicate with you using email, in-Application notifications and other electronic means. In the event the Company suffers a data breach and you have provided us an email address, you agree that you may be notified at the email address you provide to us rather than by physical mail.
  3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. If such provision cannot be amended, such provision shall be severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
  4. Governing Law. You agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company. Except as provided below, any action or proceeding arising out of or related to this Agreement or your use of the Application must be brought in the state or federal courts of Nashville, Tennessee and you consent to the exclusive personal jurisdiction of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  5. Dispute Resolution. Any dispute, controversy, or claim arising out of, relating to or in connection with this Agreement or the Privacy Policy, including the breach, termination or validity thereof, shall first be communicated to the company via email to admin@props2.com. You shall negotiate in good faith with the Company for a period of at least sixty (60) days from the date you notify the Company of your dispute, controversy, or claim by email. If you are not satisfied with the Company’s resolution of your claim and desire to pursue it further, you shall follow the arbitration procedure set forth below.
  6. Arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement or the Privacy Policy, including the breach, termination or validity thereof, shall be finally resolved by arbitration. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by either party of the request for arbitration or in default thereof appointed by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures. You shall be deemed to have agreed to the Company’s selection of an arbitrator if your written objection is not received by the Company within five (5) days of the date the Company emails you a notice of its intent to arbitrate. The exclusive ways to give notice are to send an email to the email address from which the company emailed you its intent to arbitrate or by certified mail return receipt requested to the Company’s registered address. The arbitration shall be held in Nashville, Tennessee. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The award rendered by the arbitrator shall be final, non-reviewable, and non-appealable and binding on the parties and may be entered and enforced in any court in Nashville, Tennessee having jurisdiction.
    1. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
    2. Except as may be required by law, neither a party nor the arbitrator(s) may disclose the existence, content or results of any arbitration without the prior written consent of both parties, except as strictly necessary to protect or pursue a legal right.
  7. Relationship. While you may be able to redeem Rewards using the Application, you expressly acknowledge and agree that you are not an employee of Company and waive any right you may have under applicable law to assert a claim against Company for employee benefits.
  8. Entire Agreement. This Agreement and other documents and policies incorporated by reference herein, including but not limited to our Privacy Policy, constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between this Agreement and any document incorporated herein by reference, this Agreement shall control.
  9. Amendment. Company reserves the right, at any time, to modify, amend, alter, or update this Agreement and the other terms, conditions, and policies referred to in this Agreement, without notice to you. By continuing to use the Application following such modifications, amendments, alterations, or updates, you agree to be bound by such modifications, amendments, alterations, or updates. Therefore, you should periodically visit this page to review our most current version of this Agreement.
  10. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
  11. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.