Terms of Service
PLEASE NOTE THAT WAIVERKING, INC.’S WEBSITE TERMS OF SERVICE HAVE CHANGED EFFECTIVE ON MARCH 26, 2020.
1. Introduction. These Terms of Service apply to all websites controlled by WaiverKing, Inc. (“WaiverKing”). “Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), and other interactive features, applications, or downloads that are operated by WaiverKing and that are available through, or interact with, the Websites where these Terms of Service are posted. This includes all WaiverKing services governed by the WaiverKing Subscription Agreement.
You agree that these Terms of Service are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites, the materials and information available. In addition to these Terms of Service, WaiverKing has established a Privacy Policy to explain how Subscription User and End User information is or may be collected and used by WaiverKing. A copy of these Privacy Policies can be found here: https://www.waiverking.com/privacy-policy and https://www.waiverking.com/privacy-policy-end-user. The Privacy Policy pertaining to You is incorporated by reference into these Terms of Service. By accessing or using the Websites, you are signifying your acknowledgement and agreement to WaiverKing’s Terms of Service and Privacy Policy.
You must be at least 18 years old to have WaiverKing’s permission to use the Websites. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms of Service.
THE WEBSITES AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF SERVICE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE WEBSITES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF SERVICE GRANT WAIVERKING, INC. CERTAIN RIGHTS AND LICENSES, PROVIDE WAIVERKING, INC. CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT WAIVERKING, INC.’S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THE WEBSITES AND DO NOT USE THE SERVICES AVAILABLE ON THE WEBSITES.
2. Access and Use. Access to the Websites is provided for the use of your business. When using the Websites, you agree to comply with all applicable U.S. federal, state, and local laws, regulations, statutes, regulations, and the like. The Websites are protected by U.S. federal and state copyright and trademark laws. No portion of the materials on the Websites may be reprinted, copied, republished, modified, used to create derivative works, publicly displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of WaiverKing and/or the respective owner of any third-party content. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
WaiverKing grants you a limited right to use the Websites on an authorized device. The Websites may not be downloaded to or exported or re-exported to a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or to any prohibited or restricted country, person, end-user, or entity specified by federal or state laws. Additionally, you may not:
- disable or otherwise interfere with the Websites’ security-related features;
- collect or harvest any personal data from the Websites (e.g., user names, passwords, mail addresses, etc.);
- solicit other users to join or become members of any commercial service or organization without WaiverKing ’s prior written approval;
- attempt to or interfere with, impair, or disable the proper working of the Websites;
- decompile, reverse engineer, disassemble, or modify any website source or object code, software, other products, services, or processes accessible through any portion of the Websites;
- make and/or distribute copies of the Websites;
- use network-monitoring software;
- encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
- use the Website Content in a manner that suggests an association with any of WaiverKing’s products, services, or brands; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites.
If WaiverKing believes you are abusing the Websites in any way, WaiverKing may, in WaiverKing’s sole discretion and without limiting other remedies, limit, suspend, or terminate your Subscription User account(s) (“Subscription User” means an individual who is authorized by You or on Your behalf to use the WaiverKing Services in accordance with this Agreement. Users may include, for example, Your employees, consultants, contractors, agents, and third parties with which You transact business) and access to the Websites, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using the Websites. WaiverKing has the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Websites; and fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS WAIVERKING AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
WaiverKing reserves the right to amend or withdraw the Websites, or charge for the application or service provided to you in accordance with these Terms of Service, at any time and for any reason.
3. Intellectual Property Notice. Unless otherwise explicitly specified, the Websites and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the Websites, and any and all copyrightable material (including source and object code) (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by WaiverKing, WaiverKing’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Websites are owned by WaiverKing, WaiverKing’s licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title, or interest in the Websites or any Website Content. Any rights or remedies not expressly granted in these Terms of Service are expressly reserved.
4. Confidential and Proprietary Information. WaiverKing does not want to receive confidential or proprietary information from you through the Websites. Please note that any information or material sent to WaiverKing through the Websites will be deemed NOT confidential. By sending WaiverKing any information or material, you grant WaiverKing an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that WaiverKing is free to use any ideas, concepts, know-how, or techniques that you send WaiverKing for any purpose.
5. User Content. WaiverKing may now or in the future permit Subscription Users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, posts, and/or other materials (“ Subscription User Content”).
By posting content to the Websites, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Service. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.
You represent, warrant, and covenant that you will not submit any Subscription User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or (ix) violates these Terms of Service.
By posting your Subscription User Content using the Websites, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your Subscription User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by WaiverKing. You also grant other users permission to access your Subscription User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your Subscription User Content for personal, non-commercial use as permitted by the functionality of the Websites and these Terms of Service. You agree that your Subscription User Content will be treated as non-confidential and non-proprietary as discussed above.
By submitting Subscription User Content, you also grant WaiverKing the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your Subscription User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the Subscription User Content have been waived.
WaiverKing cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
WaiverKing has the right, but not the obligation, to monitor Subscription User Content. WaiverKing has no obligation to post, maintain, accept, display, exploit, or otherwise make use of Subscription User Content and does not guarantee distribution of Subscription User Content. Subscription User Content will not be returned, and you will not have the right, once posted, to access, archive, maintain, or otherwise use such Subscription User Content on the Websites. WaiverKing may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in WaiverKing’s sole discretion. WaiverKing may, in WaiverKing’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit Subscription User Content without notice or liability; provided, however, that WaiverKing reserves the right to treat Subscription User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which WaiverKing will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.
6. Subscription User Registration. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with WaiverKing, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify WaiverKing immediately at admin@waiverking.com of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to accounts@waiverking.com. WaiverKing reserves the right to terminate your account or otherwise deny you access to the Websites in WaiverKing ’s sole discretion for any or no reason without notice and without liability.
8. Children. Collecting personal information from children under the age of 13 (“minor children”) through the Websites is prohibited. No Subscription User Content should be directed toward minor children. Minor children are not eligible to use the Websites and WaiverKing asks that they do not submit any personal information to WaiverKing. In the event that a parent or guardian voluntarily submits his, her, or their minor child or children’s personal information through the Websites, WaiverKing will create a profile linking the minor dependent to the parent or guardian. Parents or guardians acknowledge that their minor child or minor children’s personal information will therefore be collected and that all other provisions of this Terms of Service Agreement and any and all policies incorporated herein by reference apply to their minor child or children. WaiverKing is not responsible for the entry of a minor child’s personal information. See 15 U.S.C. 6501: Children’s Online Privacy Protection; and see Council Regulation 2016/679, of the European Parliament and of the Council on The General Data Protection Regulation, 2016 O.J.
9. Third Party Websites. WaiverKing may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by WaiverKing of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. The Websites, all content and services provided on the Websites, and all information you obtain through the Websites are provided on an “as is” and “as available” basis. WaiverKing makes no representations whatsoever about any Third Party Content that you may access though the Websites or the Third Party Content information you may obtain through the Websites. When you access a non-WaiverKing website or are provided with information from a non-WaiverKing website, please understand that it is independent from WaiverKing, and that WaiverKing has no control over the content, accuracy, timeliness, or completeness of information on that website. In addition, a hyperlink to a non- WaiverKing website does not mean that WaiverKing endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You should refer to the separate terms of use, privacy policies, and other rules posted on non- WaiverKing websites before you use them. You agree not to create a link from any website, including any website controlled by you, to the Websites.
You acknowledge and agree that WaiverKing is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.
10. Warranty Disclaimer & General Disclaimers. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
YOU UNDERSTAND THAT ALL SUBSCRIPTION USER CONTENT POSTED TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY SUBSCRTION OR END USERS OF THE WEBSITES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS WAIVERKING, INC.’S REPRESENTATIVES OR ANY OF WAIVERKING, INC.’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE WEBSITES DO NOT NECESSARILY REFLECT WAIVERKING, INC.’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE CONTENT. UNDER NO CIRCUMSTANCE WILL WAIVERKING, INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE CONTENT.
WAIVERKING, INC., AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF WAIVERKING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF SERVICE, AND/OR WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.
11. Indemnification. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Subscription User Content that you submit or Third Party Content that is submitted on your behalf. You agree to indemnify and hold WaiverKing and its affiliated companies, and their directors, officers, employees, agents, and partners harmless from any and all claims or demands, including reasonable attorneys’ fees and costs, that arise from or otherwise relate to (i) your access to or use of the Websites; (ii) Subscription User Content provided by you, Third Party Content, or through use of the Websites; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to WaiverKing; or (v) your acts or omissions. You agree to cooperate fully with WaiverKing in the defense of any claim that is the subject of your obligations hereunder.
12. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (any website, including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: copyright@waiverking.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on The Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
13. Choice of Law and Dispute Resolution. These Terms of Service are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. The parties agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by final, confidential, and binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS and before a single neutral arbitrator mutually selected by the parties. The arbitration shall be conducted in the English language. You and WaiverKing agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the exclusive jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County , California. For the sake of clarity, nothing in this paragraph shall affect WaiverKing’s ability to seek from a court injunctive or equitable relief at any time. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.
14. Entire Agreement. These Terms of Service constitute the entire agreement between WaiverKing and you pertaining to the subject matter of this agreement. In its sole discretion, WaiverKing may modify these Terms of Service by posting the revised version on the Websites and you agree that each visit by you to the Websites is a new transaction governed by the Terms of Service linked on the Websites at that time. Any delay or failure on the part of WaiverKing to exercise or enforce any rights under these Terms of Service to which WaiverKing may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section headings used herein are for convenience only and shall not be given any legal import.
Updated or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail. It is your responsibility to review the Terms of Service and the Websites from time to time for any updated or additional terms.
You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without WaiverKing ’s prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. WaiverKing may assign these Terms of Service or any rights hereunder without your consent and without notice.
15. No Unlawful or Prohibited Purpose. As a condition of your use of the Websites, you warrant to WaiverKing that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Service.