Terms and Conditions
1. INTRODUCTION
A. IntroductionJohnson & Johnson Services, Inc. ("we," "us," and "our") welcomes you to andyou.jnj.com ("Site"), a website (and widget) provided to individuals and eligible not-for-profit, educational and charitable organizations involved in philanthropic work ("Users," "you," "your"). Through the Site, you may configure the widget and obtain code to display the configured widget on a webpage. When you include the code to display the widget on a webpage owned or controlled by you, you thereby become a "Publisher." A User that merely views the Site or widget is referred to herein as a "Consumer."
B. Scope and IntentThese Terms and Conditions of Service ("Terms and Conditions") govern your use of the Site, the widget and the Services (as defined in Section 1-D) and also governs any individual’s or organization’s use or viewing of the widget resident at any other location. You should carefully read these Terms and Conditions before using the Site, the widget or the Services. You should also regularly review these Terms and Conditions, as we may change them from time to time. You can review the most current version of these Terms and Conditions at any time through the link at the bottom of any page of this Site or at www.andyou.jnj.com.
We may change these Terms and Conditions and the Privacy Policy (collectively, the "Agreement") from time to time. We will post changes on the Site and will notify you if we believe the changes are material. You agree that such amended Agreement will be effective 30 days after posting on the Site, or for material changes, 30 days after the notice is sent to you, and your continued access to the Site or use of the widget or Services after that time constitutes your acceptance of the amended Agreement. If you object to any such changes, do not access or use the Site, the widget or the Services and, if you are a Publisher, delete your widget.
C. Services EligibilityBy accessing the Site, creating or using the widget or using any of the Services, you agree that:
> If you are an individual under 13 years old, you have obtained the consent of your parent or legal guardian to use the Site.
> All information and content you submit is truthful and accurate;
> You will maintain the accuracy of all information and content you submit;
> You will use the widget only in a manner consistent with applicable law and the Agreement;
> Your use of the Site, widget or Services does not violate any applicable law or regulation;
> If you are a Publisher: you will not modify or delete the Terms and Conditions or Privacy Policy link from your widget;
> If you are an organization, you are a nonprofit, educational or community organization, a charitable enterprise, or a government agency (other than a military or intelligence agency); and
> All Users, whether representing themselves as an individual or representing an organization, shall not engage in violence, illegal activity, discrimination, or hate.
By accessing the Site, creating or using the widget, viewing another individual’s or organization’s widget or using any Services, you agree to be legally bound by the Agreement. If you do not agree with the Agreement, do not use, access or view the Site, the widget or any of the Services (including without limitation, any widget-related Services).
D. Services OfferedThe Site includes a widget provided for connecting people, not-for profit, educational and charitable organizations and causes to turn good intentions into action. We offer data through the widget to help connect these people and organizations (the "Services"). These Services are provided by us and our third party partners and include, without limitation: listings of volunteer opportunities, job opportunities, NGO profiles and verification, donation opportunities and news. If you are a Publisher, by making the widget available to you, neither we nor our partners endorse or otherwise affiliate ourselves or themselves with you.
Modifications to Services. We reserve the right to modify or discontinue the Site, the widget or the Services with or without notice to you. We shall not be liable for any loss of your User Content or other liability to you or any third party should we exercise our right to modify or discontinue the Site, widget or Services.
You acknowledge that the widget and its structure, organization and Content may constitute our valuable trade secrets or the valuable trade secrets of our partners or our or their suppliers. Except as expressly allowed under the Agreement, you must not (a) modify, adapt, alter, translate, or create derivative works from the widget or the Content contained therein; or (b) sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer the widget or Content therein to any third party.
2. YOUR RIGHTS AND OBLIGATIONS
A. Applicable Laws and the AgreementYou will comply with all applicable laws and the Agreement.
B. Content and OwnershipThe Site, widget, and the Services contain text, databases, software, code, music, sound, photos, graphics, and other content ("Content") provided by our third party suppliers or aggregated through our platform partners (VolunteerMatch, Ideal List, Guidestar, Do Something, Network for Good) ("Supplier Content"). Other Content made available on the Site may be provided by you or other Users ("User Content"). We have no editorial control over Supplier Content or User Content. Any services, offers, or other information expressed or made available by third parties as part of the Content are those of the respective author(s) or distributor(s) of that Content and not of us. We neither endorse nor are responsible for the accuracy or reliability of the widget or any Content or opinion, advice, information, or statement made on the Site, the widget or the Services by anyone. We have the right, but not the obligation, to monitor and review the Content on the Site, Services and widgets to determine compliance with these Terms and Conditions and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Supplier Content or User Content for accuracy or reliability.
There are areas on the Site where Users can post Content that would be publically viewable (e.g., the Site’s stories section and feedback tab). Therefore, each User owns and is responsible for the User Content that s/he posts on the Site, including without limitation, information that s/he publishes and makes available for Users or other third parties to view.
Representations and Warranties. By posting User Content on the Site, you represent and warrant that:
You are entitled to submit the User Content;The information contained in the User Content is accurate;
The information contained in the User Content is not confidential;
The posting of the User Content is not in violation of any applicable laws, contractual restrictions or any third party rights.
It is solely your responsibility to ensure the accuracy of your User Content and to update that information as appropriate.
License and Use of Content. All of the User Content that you post on the Site may be viewable by others on the Site. This User Content may also be accessed by individuals, for example, when they receive User Content forwarded to them by someone else or if you make such User Content visible to all Internet users.
In order for you to share your User Content with others, we need your permission to reproduce your User Content on or through the Site. Therefore, under these Terms and Conditions, by submitting, posting or displaying any User Content to or on the Site, you hereby grant us a non-exclusive, worldwide, assignable, sub-licensable, and royalty-free right that permits us to copy, distribute, publish, remove, retain, modify, perform, create derivative works and use your User Content in any media or through any means now known or not currently known without any further consent, notice or compensation. Your User Content does not include content you copy from the Site or widget, Supplier Content or content provided by us.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, widget or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site, widget or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Should you have any questions or concerns about copyright, please call us toll free at 1-855-AND-YOU0 (1-855-263-9680) so we can speak with you directly, or leave us a message and let us know how to best contact you.
User-to-User Communication and Sharing. The Site includes various areas where you can post your observations and comments on designated topics, including commenting on cause related stories and a feedback section. We cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site.
We are not responsible for a User’s or other third party’s misuse or misappropriation of any User Content that you post anywhere in the Site.
Content Removal. Our reporting system allows Users to report User Content that violates the Agreement. To ensure the quality and appropriateness of User Content, we reserve the right to remove any User Content for any reason, including violations of the Agreement, or any applicable laws (including laws protecting the safety of others, intellectual property laws, and employment laws). We have no obligation to store, maintain or provide you with a copy of any User Content that you or other Users provided when using the Site, the widget or the Services.
We also reserve the right to delete your widget, without notice, if we have reason to believe its usage violates the Agreement.
Our staff receives a notice each time User Content is reported or "flagged" and that User Content may be immediately removed from the Site. We then determine whether the reported User Content does in fact violate the Agreement, and will take appropriate action to resolve the issue, the nature of such action depending on the particular circumstances at issue. Users who feel that their User Content has been removed in error may contact us. Under certain conditions, we may, at our discretion (but under no obligation), restore deleted material, or contact the offending User to request changes, amendments, or deletion of their "flagged" User Content.
You may request that we delete any User Content that you have provided on the Site. However, we have no control over your shared User Content. Therefore, we are unable to delete any User Content you have shared with others that they have subsequently copied or stored (see the section titled User-to-User Communication and Sharing).
C. Do!As a condition to access and use the Site, widget and Services, you agree to undertake the following:
if you are a Publisher, remove the widget from all locations on which you placed the widget if the Agreement terminates or you become aware that the widget violates any applicable law or if we notify you that the widget violates the Agreement or our policies; and review and comply with notices we send concerning the Site, the widget or Services.
D. Don’t!As a condition to access and use the Site, widget and Services, you agree not to do the following:
stalk, harass or harm another individual;frame the Site or Services, or make available, or facilitate distribution of Content through any means or medium not expressly permitted hereby;
submit, upload, post, email, or otherwise transmit any Content, including without limitation on the Site or the widget, or in connection with the Services, that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, and/or racially, ethnically, or otherwise offensive;
submit, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any "Spam," "Junk Mail," or any other potentially objectionable form of unsolicited communication;
submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity;
submit, upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security numbers, or other similar information;
submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities;
use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers; or
disrupt or interfere (either directly or indirectly, intentionally or unintentionally) with the Site, widget or Services in any manner that may materially adversely affect us, you or any third party;
disobey any requirements, procedures, policies or regulations of networks connected to the widget or Services;
impersonate another person or entity, including without limitation, any of our representatives or officers, directors, employees, agents or partners; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Site, the widget or the Services;
attribute any political content, advertisement or endorsement favoring a political party, political organization or political candidate to us or any of our officers, employees, volunteers, or directors;
modify or remove any attributions (whether to us, our partners or any third party) from the Site or the widget;
modify or remove any VolunteerMatch Listings from the Site or widget;
reverse engineer or otherwise attempt to derive the source code of any software or Content on the Site or widget;
if you are a Publisher, display the widget on a site containing Content that is pornographic; that promotes or incites hatred or violence; that invades personal rights (including rights of privacy); that violates any law (including intellectual property laws); or that interferes with the functioning of other websites;
if you are a Publisher, display the widget in a way that implies any endorsement or affiliation with us, the Site or our partners.
E. Registration
If you are a Publisher, you must provide a legitimate email address and specify where you will post your widget. You may view content as a Consumer on another individual’s or organization’s widget without registering at the Site.
F. PrivacyYou should carefully review our full Privacy Policy, which is incorporated by reference herein, before deciding whether to become a User. The Privacy Policy lays out in detail our policy regarding the use and storage of your information. By using the Site, the widget or the Services, you agree to the terms and practices of the Privacy Policy. You also acknowledge that any submission of personal information, data, photos, statements, or other content is done so voluntarily.
G. IndemnificationYou agree to defend, hold harmless and indemnify us and our affiliates, officers, directors, employees, and partners from and against any and all claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site, the widget or Services, including without limitation, (a) any User Content and any information you submit, post or transmit through the Site, the widget or the Services, (b) any use of the Site, widget or Services that violates the Agreement, or (c) any information or Content we collect from third parties through the Site or Service at your request, and (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Site, widget or Services.
H. Notify Us of Acts Contrary to the AgreementIf you believe that you are entitled or obligated to act contrary to the Agreement under any mandatory law, you hereby agree to contact us using one of the methods listed in Section 9 and provide us with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least 30 days before you act contrary to the Agreement. Although we are not obligated to do so, we may consider alternative solutions to the situation.
I. No Resale of ServicesYou agree to use the Services solely to accommodate your own needs and except as permitted under the Agreement, not to offer the Services to any third party. You may not use or exploit any portion of the Site, the widget or the Services to provide any commercial services to third parties.
J. Right to the Site and ServicesIn compliance with the Agreement and all applicable laws, we grant you a limited, revocable, nonexclusive, and nonassignable right to access and view the Content and use the Services that we provide on the Site, including those listed in Section 1-D solely for your personal, non-commercial use. If you are a Publisher, subject to the terms and conditions of this Agreement, we grant you a limited, revocable, nonexclusive, and nonassignable right to reproduce, distribute, publicly perform, publicly display and digitally perform the Content only in conjunction with the display of the widget at the location specified pursuant to Section 2E.
Any other use of the Site, widget or Services contrary these Terms and Conditions is strictly prohibited and a violation of the Agreement. We reserve all rights not expressly granted in the Agreement, including (but not limited to) title, ownership, property rights, and all other rights and interest in the Site, the Services and all related items.
K. TrademarksCertain of the names, logos, and other materials displayed in the Site, widget or Services constitute trademarks, tradenames, service marks or logos ("Marks") of us, our partners or other entities. You are not authorized to use any such Marks, except that, if you are a Publisher, subject to the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-sublicensable, royalty-free, worldwide license to use the Marks exactly in the form provided on the widget by us or our partners. You shall not modify or remove said Marks from the widget or form any combination marks with the Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
L. Copyrights; Restrictions on UseThe Content made available to you through the Site, widget or Services, other than your User Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Site Content"), is (1) copyrighted by us, our Users, our partners and/or other third parties under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by us, our partners or other third parties. Site Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable partners and licensors, with the sole exception that, if you are a Consumer, one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Site Content.
M. Third Party Beneficiaries.You acknowledge and agree that our third party partners are third-party beneficiaries of the Agreement with the right to directly enforce the terms of the Agreement with respect to you or any User.
3. OUR RIGHTS AND OBLIGATIONS
A. Third Party LinksThe Site may include links to other Internet websites. You acknowledge and agree that such links are provided for your convenience only and do not reflect an endorsement by us of the quality, reliability, or any other characteristic or feature of any such linked site. We are not responsible in any manner (including without limitation, for any loss or injury you suffer as a result of using the linked site) for any matter associated with a linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon.
We make no representations or warranties with respect to any linked site. Your use of any linked site is solely at your own risk.In addition, you should be aware that your use of any linked site is subject to the terms and conditions and privacy policies applicable to that linked site.
B. Connections and Interactions with Other UsersWe reserve the right, but have no obligation, to monitor disputes between you and other Users and to restrict, suspend or close your access to the Site, widget or Services if we determine, in our sole discretion, that doing so is necessary to enforce the Agreement. We have no obligation to enforce this right.
4. DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE WIDGET AND THE SERVICES ARE AT YOUR SOLE RISK. THE WIDGET, SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR PARTNERS (INCLUDING THIRD PARTY PARTNERS) AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR OUR PARTNERS OR LICENSORS MAKE ANY WARRANTY THAT THE WIDGET, SERVICES OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WIDGET, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO ANY OF THE FOREGOING ENTITIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WIDGET, SERVICES OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WIDGET, SERVICES OR SITE, OR THAT DEFECTS IN THE WIDGET, SERVICES OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WIDGET, SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NEITHER WE NOR OUR PARTNERS OR LICENSORS MAKE ANY WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE WIDGET, SERVICES OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE WIDGET, SITE OR SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WIDGET, SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS HEREIN MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.5. LIMITATION OF LIABILITY
Users who publish personal information or information regarding their organization on this Site understand the risks they are exposing themselves to by sharing their information and making it public. It is possible that some people or organizations will take this information from the Site and contact you with inappropriate messages. We are not responsible for damages caused by any third party’s use of the information published by Users. As mentioned above, we can only remove information from the Site or limit a User’s privileges, but we are unable to take action beyond the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAILURE OF ESSENTIAL PURPOSE OF A LIMITED REMEDY) AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WIDGET, SITE OR SERVICES; (II) ANY LINK PROVIDED IN CONNECTION WITH THE WIDGET, SITE OR SERVICES; (III) YOUR RELIANCE ON ANY PORTION OF THE WIDGET, SITE OR SERVICES; (IV) THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WIDGET, SITE OR ANY SERVICES; (V) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO POST OR STORE ANY INFORMATION; AND/OR (VI) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WIDGET, SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF WIDGET, SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE THEREOF. IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO YOUR USE OF THE WIDGET, SITE AND/OR SERVICES EXCEED $50 IN THE AGGREGATE.We are not involved in the relationship between individual Users and organizations. If you have a dispute with another individual or organization, you understand that we are not required to assist you in the dispute. You hereby agree to release us and our partners from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the Widget, Site and Services. You understand that the widget, Site and Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the widget, Site and Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the widget, Site and Services.
We are also not responsible for the behavior of individuals or organizations outside of the Site. We can only safeguard and seek to assure the good conduct of Users on the Site. Our intervention is limited to providing a space to publish information and thus generate connections.
6. TERMINATION
A. Mutual Rights of TerminationThe Agreement shall remain in full force and effect while you use the Site, Services or widget, however, you acknowledge that we may establish limits concerning such use, including without limitation, the maximum number of days that content will be retained by the Service; the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service; and the frequency with which you may access the Service.
B. Misuse of the ServicesWe may restrict, suspend or terminate access by any User who abuses or misuses the widget, Site or Services. Misuse of the widget, Site or Services includes without limitation: creating multiple or false profiles, including misleading representations; using the widget, Site or Services commercially without our permission; posting inappropriate or illegal content; infringing any intellectual property rights; or behaving in any other way that we, in our sole discretion, deem contrary to its purpose.
In addition, we have adopted a policy of terminating access to Users who, in our sole discretion, are deemed to be repeat infringers under United States Copyright Laws.
7. GENERAL TERMS
A. SeverabilityIf any provision of the Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. Further, the validity, legality and enforceability of the remaining provisions of the Agreement shall not be affected in any way and shall remain in full force and effect.
B. LanguageWhere we have provided you with a translation of the English language version of these Terms and Conditions, the Privacy Policy and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of these Terms and Conditions, the Privacy Policy, and any other documentation, including additional terms of service, will govern your relationship with us.
C. Questions regarding the AgreementQuestions, comments, or complaints about the Agreement should be submitted to us by one of the methods listed in Section 8.
D. No Informal Waivers, Agreements or RepresentationsOur failure to act with respect to a breach of the Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, only representations, statements, consents, waivers, or other acts or omissions documented in writing and hand-signed by our duly appointed officer shall be legally binding on us.
E. Assignment and DelegationYou may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be null and void. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation (effective upon notice to you), us for any third party that assumes our rights and obligations under the Agreement.
F. Choice of LawOur failure to act with respect to a breach of the Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, only representations, statements, consents, waivers, or other acts or omissions documented in writing and hand-signed by our duly appointed officer shall be legally binding on us.
G. Survival.The terms of Sections 2 (except subsections 2(J) and 2(K)) through 5, and 7, as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of these Terms and Conditions for any reason. Our (and our partners’ and licensors') proprietary rights (including any and all intellectual property rights) in and to the Site Content and the Services shall survive the expiration or earlier termination of these Terms and Conditions for any reason.
8. QUESTIONS AND CONCERNS
Should you have any questions or concerns about the terms of the Agreement, please call us toll free at 1-855-AND-YOU0 (1-855-263-9680) so we can speak with you directly, or leave us a message and let us know how to best contact you.








