Terms of Use

01. ACCEPTANCE OF TERMS

The Website is operated by Dronies LLC, a Florida limited liability company (“Company”).  These Terms, together with any other terms and policies applicable to the Website (including, without limitation, the Terms of Sale and the Privacy Policy, each as defined below) (all of such terms and policies that apply to the Website, together with these Terms, the “Applicable Terms”), which are hereby incorporated into and made a part of these Terms, govern your access to and use of the Website, including any content, functionality, goods, and services that originate through the Website, whether as a guest or registered user and whether accessed via web, mobile, or otherwise.  Capitalized terms used but not defined in any other Applicable Term will have the definitions assigned to such terms in these Terms.
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The Website and any goods or services that originate through it are offered and available only to users who are of legal age to form a binding contract; reside in the United States or any of its territories or possessions; and are not otherwise prohibited from accessing or using the Website or any of its contents, goods, or services. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
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If you also are a party to any other agreements with the Company or its affiliate, unless otherwise explicitly stated in these Terms, these Terms will not amend, revise, or otherwise change the terms and conditions contained in those agreements, including any privacy obligations you might have under those agreements.

02. CHANGES TO TERMS

These Terms, together with any other Applicable Terms, may be revised or updated from time to time in Company’s sole discretion. The latest version of each Applicable Term will be posted on the Website, and you should review the then-current Applicable Terms before using the Website or purchasing or using any good or service that originated through the Website. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use or access of the Website or any good or service that originated through the Website after a posted change in an Applicable Term will constitute your acceptance of and agreement to such changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

03. WEBSITE ACCESS AND ACCOUNT SECURITY

Subject to and conditioned on your and compliance with all Applicable Terms, you are hereby granted a non-exclusive and non-transferable right to access and use the Website. Company reserves the right to withdraw or amend the Website or any good, service, or material that originated on the Website in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of the Website or any good or service offered thereon is unavailable at any time or for any period. From time to time, Company may restrict access to the Website or certain parts thereof to certain users, including certain registered users.

You are responsible for:

• making all arrangements necessary for you to have access to the Website and
• ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  
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To access the Website or some of the resources it offers, you may also be required to link or connect a digital wallet to the Website. These digital wallets are offered by third parties, and your use of any such digital wallets are at your own risk and subject to all terms and conditions of such digital wallet.
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You must treat all username, password, private keys, access credentials, and any other pieces of information provided or selected for security procedures as confidential, and you must not disclose them to any other person or entity. If any of this information is lost or forgotten, you may lose access to your digital wallet, the Website, and any goods or services purchased or obtained through it.  We are not responsible for any such losses.
 
You acknowledge that your account and your digital wallet are personal to you and agree not to provide any other person with access to the Website or your digital wallet using your security information.  You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for all activities that occur under your account, password, or digital wallet. Company is not responsible for managing or maintaining the security of the cryptocurrency wallet or for any unauthorized access to or use of the cryptocurrency wallet. You agree to notify Company immediately of any actual or suspected unauthorized access or other breach of security.
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Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by Company, at any time in Company’s sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of an Applicable Term.
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Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your information, we cannot guarantee the security of information transmitted to or from the Website. Any transmission of information through the Website is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this Website.

04. INTELLECTUAL PROPERTY RIGHTS

Names, logos, product and service names, designs, slogans, and products on the Website may be protected by trademark, trade dress, copyright, or other intellectual property rights owned by Company or its affiliates or licensors.  You must not use these without the prior written permission of Company or its licensor or in any other way dilute, blur, or tarnish Company’s brand.
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The Website and its entire contents, features, and functionality (including but not limited to all information, software, data, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by Company, its affiliates, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.
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These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or any good or service provided on this Website, in whole or in part, except as follows:

• your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• you may store files that are automatically cached by your web browser for display enhancement purposes;
• you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use in and otherwise accordance with these Terms and not for further reproduction, publication, or distribution; 
• if Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications;
• if Company provides social media features with certain content, you may take such actions as are enabled by such features; and
• as otherwise explicitly allowed by these Terms or any other Applicable Term.

You must not:

• modify any materials that originated from the Website;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of this Website or any good or service that originated through the Website, in whole or in part;
• use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
• delete, falsify, misrepresent, or alter any copyright, trademark, or other proprietary rights notices from materials that originated from the Website.

You must not access or use for any commercial purposes any part of the Website or any good, service, or material that originated on or through the Website.
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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

05. PROHIBITED USES

You may use the Website and the goods and services that originate through it only for lawful purposes and in accordance with the Applicable Terms. Without limiting the generality of the foregoing, you agree not to use the Website:

• in any way that violates any applicable federal, state, local or international law, statute, or regulation (including, without limitation, any laws relating to the export of data or software to and from the US or other countries, money laundering, gambling, or international sanctions);
• 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;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
• delete, falsify, misrepresent, or alter any copyright, trademark, or other proprietary rights notices from materials that originated from the Website.
• to impersonate or attempt to impersonate Company, a current or past Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Company, may harm Company or third parties or expose them to liability.

Additionally, you agree not to:

• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
• use any robot, web scraping or scraping method, data mining, spider, other similar data gathering or extraction methods, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in the Applicable Terms;
• use any device, software, or routine that interferes with the proper working of the Website;
• introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Website.

06. REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to the DMCA 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, a representative list of such works;
• identification of the material you believe to be infringing in a sufficiently precise manner to allow Company to locate that material;
• adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email 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; and
• 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 (“DMCA Agent”):
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Eddie Lobanovskiy
Dronies LLC
1508 Botello Rd.
North Port, Florida 34287
hello@droniesnft.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 Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
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If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification (a "Counter-Notice") by submitting written notification to the DMCA Agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• your physical or electronic signature;
• an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
• adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address);
• a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• 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 you will consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the complaint at issue.

Our designated agent to receive Counter-Notices is the DMCA Agent listed above.

The DMCA allows Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is Company’s policy in appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of its Applicable Terms (including, without limitation, with regard to allegations of copyright infringement).

07. RELIANCE ON INFORMATION POSTED

The information presented by Company on or through the Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
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The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, in any way for the content or accuracy of any materials provided by any third parties.

08. THIRD PARTIES

Certain goods or services offered or provided through the Website may be provided by third parties.  We do not control these third parties and are not responsible or liable for, nor do we endorse or make any representations or warranties relating to, their goods or services.  By using or accessing in any way the Website or any goods or services that originate through it (including by making any purchases through the Website), you agree to all applicable terms of these third parties. Any claims related to a third party or their goods or services must be brought against such third parties themselves and not against Company.  Please refer to our Privacy Policy for more information about third parties that may provide goods or services to this website and their current privacy policies.

09. CHANGES TO THE WEBSITE

Company may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and Company is not obligated to update such material.

10. FEEDBACK

If you send or transmit any communications or materials to Company with suggestions, recommendations, questions, or the like relating to changes to this Website or its goods or services (collectively, “Feedback”), including without limitation, new features or functionality relating thereto, Company is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Company all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, the Feedback, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein, for any purpose whatsoever, although Company is not required to use any Feedback.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information that you provide on or through this Website, or that is otherwise collected through this Website, in each case whether it is yours or a third party’s, is subject to the Privacy Policy (the “Privacy Policy”), which is hereby incorporated into these Terms. By using this Website, you consent to, and represent that you have obtained the applicable third parties’ consent to all, actions taken in compliance with the Privacy Policy.

12. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through the Website or other transactions for the sale of goods or services from Company are governed by the Terms of Sale (the “Terms of Sale”), which are hereby incorporated into these Terms.

13. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to the Website, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent.

The Website may provide certain social media features that enable you to:

• link from your own or certain third-party websites to certain content on the Website or
• send emails or other communications with certain content, or links to certain content, on the Website.

You may use these features solely as they are provided by Company, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions Company provides with respect to such features. Subject to the foregoing, you must not:

• cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, framing, deep linking, or in-line linking);
• link to any part of the Website other than the homepage; or
• otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Applicable Terms.

You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission from any person without notice.
Company may disable all or any social media features and any links at any time without notice in its discretion.

14. LINKS FROM THE WEBSITE

If Company provides links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources; does not endorse their activities, goods, or services; and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. GEOGRAPHIC RESTRICTIONS

Company is based in the State of Florida in the United States. Company provides the Website for use only by persons located in the United States. Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. DISCLAIMER OF WARRANTIES

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY GOODS OR SERVICES OBTAINED THEREBY, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
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YOUR USE OF THE WEBSITE, ITS CONTENT, AND ALL GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICES OBTAINED THEREBY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, (A) COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ALL KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND (B) NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENTS, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEBSITE OR ANY GOODS OR SERVICES OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

17. LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL USES OF THIS WEBSITE AND THE GOODS AND SERVICES THAT RESULT FROM ACCESS TO THIS WEBSITE BY YOURSELF OR OTHERS TO WHOM YOU HAVE PROVIDED ACCESS, DIRECTLY OR INDIRECTLY, WHETHER SUCH ACCESS OR USE IS PERMITTED BY OR IN VIOLATION OF THIS AGREEMENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, OR EQUITYHOLDERS OF THE FOREGOING (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT; ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; OR ANY GOODS OR SERVICES THAT ORIGINATE THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, IN ALL CASES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR COSTS, LOSS OF BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF TIME, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCONVENIENCE, SHUTDOWN OR SLOWDOWN COSTS, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF THE BASIS FOR THE CLAIM (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE), EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, equity holders, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to any of the following by you or any of your successors or assigns (including any person to whom you may transfer any good or right that originated through the Website):  (a) the violation of any Applicable Term (including these Terms); (b) use of the Website (including, but not limited to any use of the Website's content, goods, or services other than as expressly authorized in these Terms or any other Applicable Term or use of any information obtained from the Website); (c) use or misuse of any good or service obtained through the Website (including any non-fungible token or any work associated with such non-fungible token), including, without limitation, the violation of any law or regulation.

19. YOUR COMMENTS AND CONCERNS

Company is located at:

1508 Botello Rd.
North Port, Florida 34287.

All feedback, comments, requests for technical support, and other communications to Company relating to the Website should be directed to hello@droniesnft.com.

20. MISCELLANEOUS TERMS

You acknowledge and agree that you intend for the Applicable Terms to be legally binding upon you and your respective successors, assigns, executors, administrators, heirs, and estates. Moreover, the persons and entities referred to in Article 18 (other than Company, which is a direct beneficiary of the Applicable Terms) are third-party beneficiaries of the Applicable Terms.
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All matters relating to the Website and any Applicable Term (including these Terms), and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
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Any legal suit, action, or proceeding arising out of, or related to, any Applicable Term (including these Terms) or the Website shall be instituted and maintained exclusively in the state or federal courts located in or for Sarasota, Florida, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver by Company of any term or condition set forth in these Terms or any other Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms or any other Applicable Term shall not constitute a waiver of such right or provision.
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If any provision of these Terms or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions of these Terms and the other Applicable Terms will continue in full force and effect.
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You acknowledge that a breach or threatened breach of any Applicable Term would give rise to irreparable harm to Company for which monetary damages would not be an adequate remedy and you hereby agree that, in the event of such a breach or a threatened breach, Company will, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond or prove actual damages or that monetary damages will not afford an adequate remedy).
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You agree to, from time to time at the request of Company, without any additional consideration, furnish Company such further information; execute and deliver such additional documents, instruments, and conveyances; and take such other actions and do such other things, in each case as may be necessary or convenient for Company to carry out the provisions of the Applicable Terms or to give effect to the transactions contemplated hereby.
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In the event that any legal suit, action, or proceeding is instituted to enforce any Applicable Term (or obtain any other remedy in respect of any breach of any Applicable Term), the prevailing party in the suit, action, or proceeding will be entitled to recover from the other party, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including actual expenses, court costs, and attorneys' fees, including the prevailing party’s attorneys’ fees for litigating the amount of attorney’s fees.
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These Terms, together with any other documents expressly incorporated herein (including the other Applicable Terms), constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and any goods or services that originate therefrom.  In the event of any conflict between these Terms and the terms of any other germane Applicable Term, the other Applicable Term will apply.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HAVE A JUDGE (RATHER THAN A JURY) RESOLVE ANY AND ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING RELATING TO ANY APPLICABLE TERM OR TO YOUR RELATIONSHIP WITH COMPANY AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION IN CONNECTION THEREWITH. YOU UNDERSTAND THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL RIGHT AND THAT THIS ELECTION TO HAVE A JUDGE, RATHER THAN A JURY, DETERMINE ALL CLAIMS ON AN INDIVIDUAL BASIS, RATHER THAN IN A CLASS ACTION OR REPRESENTATIVE ACTION, IS A VOLUNTARY CHOICE.