Terms and Conditions of Service for Plus God

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AVAILABLE THROUGH THE SITE.

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Introduction

Welcome! You have arrived at a site that is owned and/or operated by Plus God LLC (“Plus God,” “we,” “our” or “us”). These Terms and Conditions of Service (“Terms”) govern your use of our website (including, without limitation, both mobile and online versions of our site and our site store), and apply to your use of all features, applications, content, downloads, and other services that we make available through the site and/or that post a link to these Terms (collectively, the “Site”). By using the Site, you consent to the Site’s Privacy Policy and consent to the collection and use of your data (including “Personal Data” as defined therein) in accordance with the Privacy Policy. By using the Site, you further agree that Plus God may change, alter, or modify the settings or configurations on your device (“Device”) to allow for or optimize your use of the Site.

If You Want to Use This Site, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Do not use the Site if you do not agree.

The business realities associated with operating the Site are such that, without the conditions that are set forth in these Terms—such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes—Plus God would not make the Site available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions apply to your use of the Site or to a service or product offered via the Site (collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms control unless they expressly state otherwise.

It is important that you read and understand these entire Terms before using the Site. This table of contents highlights key issues and points.

Site Content, Ownership, Limited License and Rights of Others

(a) Content. The Site contains a variety of: (i) materials and other items relating to Plus God, Plus God’s products and mission, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the Site’s materials and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Plus God (collectively, “Trademarks”); and (iii) other forms of intellectual property (collectively, “Content”).

(b) Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Plus God and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Plus God or our licensors or certain other third parties, and is protected by U.S. and international IP laws. Plus God owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content.

(c) Limited License. Subject to your strict compliance with these Terms and all applicable Additional Terms, Plus God grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form) on a Device for your personal, non-commercial use only. This limited license: (i) does not give you any ownership or other IP interest in any Content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, without notice or liability. In some instances, we may permit you greater access to and use of Content, subject to Additional Terms.

(d) Rights of Others. When using the Site, you must respect the rights of Plus God and others. Unauthorized use of Content may violate laws and may result in personal liability, including potential criminal liability.

Site and Content Use Restrictions

(a) Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or other “hidden text” utilizing any Trademarks; (iii) engage in activities that attempt to or do harm to any individuals or entities, are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any third-party rights, or that we otherwise deem objectionable; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site code, software, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site; (vi) interfere with or circumvent any security feature or access limitation; (vii) harvest or collect information (including Personal Data of other users, including e-mail addresses) without express consent of Plus God and such users; (viii) attempt to gain unauthorized access to the Site or networks connected to the Site; or (ix) otherwise violate these Terms or any Additional Terms.

(b) Content Use Restrictions. You agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except for standard search engine activity or using a standard browser) by any automated or manual means; (ii) you will not frame or use framing techniques to enclose Content; (iii) you will keep intact all Trademark, copyright, and other notices; (iv) you will not use Content in a manner that suggests an unauthorized association with any products, services, or brands; (v) you will not modify Content; (vi) you will not copy, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer Content to any third party, except as permitted by these Terms or Additional Terms or with prior written consent; and (vii) you will not insert code or products to manipulate Content in any way that adversely affects user experience.

(c) Availability of Site and Content. We may suspend or terminate the availability of the Site and Content (and any features) in whole or in part at any time, in our sole discretion, without notice or liability.

(d) Reservation of Rights. These Terms and any Additional Terms include only narrow, limited grants. All rights not expressly granted are reserved by Plus God and its licensors and other third parties.

Opening and Terminating Accounts

Our collection and use of Personal Data as part of account registration or further use of the Site is carried out in accordance with our Privacy Policy. If you are under thirteen (13), you are not permitted to register, use the Site, or submit personal information.

If you register for any feature that requires a password and/or username, you agree that: (i) you will not use a username/e-mail already used by someone else, impersonate another person, infringe third-party rights, or use anything offensive (we may reject any credential in our discretion); (ii) you will provide true, accurate, current, and complete registration information and keep it updated; (iii) you are solely responsible for all activities that occur under your account; (iv) you are solely responsible for maintaining your password’s confidentiality and restricting access to your Device; (v) you will immediately notify us of any unauthorized use or other breach; and (vi) you will not sell, transfer, or assign your account or any account rights.

We are not liable for any loss or damage arising from your failure to comply with the foregoing. We may suspend or terminate your account if information you provide is false, inaccurate, outdated, incomplete, violates these Terms/Additional Terms, or applicable law. We may also terminate or suspend access in our sole discretion, for any reason, without notice or liability. To close your Site account, contact care@plusgod.com with “Account Closure Request,” including the full name and e-mail associated with your account.

Terms Applicable for Purchases

(a) Generally. To purchase products or services in the Site store, you must be at least eighteen (18) or the age of majority in your jurisdiction. Prior to purchase, you must provide valid payment information. By submitting that information to us or our third-party processor, you authorize us/our processor to charge your payment method at our convenience within thirty (30) days of authorization. You agree to pay the price applicable (including sales taxes and surcharges) at the time you submit the order. We may not provide price protection or refunds for price changes or promotions.

(b) Methods of Payment; Taxes. We accept major credit cards (and may add or remove methods). Your card issuer agreement governs your use of your card; refer to that agreement to determine your rights and liabilities. You represent that you will not use any payment method without authorization. You, not Plus God, are responsible for paying any unauthorized amounts billed to your card by a third party. You agree to pay all fees and charges (including applicable taxes) at the rates in effect when incurred. Unless you notify us of discrepancies within sixty (60) days after they first appear on your card statement, they will be deemed accepted. If your issuer does not remit payment, you agree to pay all amounts due upon demand. Sales and use taxes or similar charges are not included in product prices. You are responsible for paying such taxes imposed on your purchases. We will automatically collect sales tax for orders to addresses within Georgia and otherwise as required by law.

**(c) Final Sale – Custom Made-to-Order; No Cancellations.
All items are custom made-to-order. ALL SALES ARE FINAL. Orders cannot be cancelled, changed, returned, or refunded once placed.

If an item arrives defective or damaged, you must email care@plusgod.com within seven (7) days of delivery, including your order number, description of the issue, and clear photos. Upon verification, we may, at our sole discretion, repair or replace the item or issue store credit. Refunds to the original payment method are not available.

Shipping & Delivery.

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  Processing Time: Orders typically ship within 3–5 business days after production is complete.
  
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  Shipment Notifications: Once your order ships, you will receive a confirmation email including a tracking number.
  
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  Tracking: After your item has shipped, please refer directly to the shipping carrier’s tracking system (USPS, UPS, FedEx, or other service) for the most up-to-date delivery status.
  
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  Lost or Damaged Packages: Plus God LLC is not responsible for packages lost, stolen, or damaged in transit. Responsibility transfers to the carrier once your order has been handed off. Customers must file any claims for lost or damaged packages directly with the shipping carrier used for delivery.
  
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  Shipping Costs: Customers are responsible for all shipping costs. Shipping charges are non-refundable. If we request a return for inspection, you must pack securely and include your order number in the box.
  

(d) Order Acceptance Policy. Your receipt of an order confirmation does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason; to supply less than the quantity you ordered; or to require additional verifications. Your order is deemed accepted upon shipment of products/services ordered. If we cancel all or part of an order or provide less than the quantity ordered, your sole remedy is: (a) a credit to your payment method for the cancelled/undelivered portion (if already charged) or (b) we will not charge you for the cancelled/undelivered portion. Do not assume a cancellation or change request has taken effect until you receive our confirmation. As noted above, orders cannot be cancelled once placed.

(e) No Responsibility to Sell Mislabeled Products. We strive to describe every item accurately; however, we do not warrant that specifications or pricing are complete, current, or error-free. In the event of any errors relating to pricing or specifications, we may refuse or cancel any orders at our discretion. If we charged you prior to cancellation, we will credit your account for the charge. If a product you purchased is not as described, your sole remedy is as set forth in Section (c)above.

(f) Modifications to Prices or Billing Terms. Products and services are subject to availability. Products/services displayed may not be available at all times and may be substituted or discontinued at any time. We may change prices and billing methods effective immediately upon posting on the Site or emailing you.

(g) Membership Subscriptions. The Site may offer subscription plans (“Subscription Plans”). Terms and pricing will be made available on the Site. Subscription Plans auto-renew unless you terminate as specified. Purchases of subscriptions are non-refundable, have no monetary value, and grant only a limited, revocable right to use during the term. We may change prices at any time (future purchases at revised price). We use a secure third-party payment processor (e.g., Stripe) to process payments; we are not a payment card processor and only relay information. You should read the processor’s terms provided at checkout. If we suspend or terminate a subscription, you will forfeit it except as set forth in any Additional Terms or as required by applicable law.

Content You Submit and Community Usage Rules

(a) User-Generated Content.
(i) General. We may offer opportunities to submit content (collectively, “User-Generated Content” or “UGC”) through forums, blogs, message boards, social features, contact tools, email, and other functionality. Subject to the license below, you retain your rights to your UGC and remain responsible for it.
(ii) Non-Confidentiality. Except as described in the Privacy Policy or applicable Additional Terms, you agree your UGC will be treated as non-confidential and will not be returned. Upon request, you will furnish documentation to substantiate rights to UGC and verify compliance.
(iii) License to Plus God. You grant Plus God a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, royalty-free right and license (with sublicensing) to use, copy, record, distribute, reproduce, disclose, sell, re-sell, display, publicly perform, transmit, publish, translate, create derivative works from, and otherwise use all or any portion of your UGC (and derivatives), for any purpose, in any medium or technology now known or later developed, including for advertising, marketing, and promotion. Rights include configuring, hosting, indexing, caching, archiving, storing, digitizing, compressing, optimizing, modifying, reformatting, publishing in searchable format, removing UGC, combining with other materials, and using any ideas, concepts, know-how, or techniques contained in UGC. You also grant the right to use your name, persona, and likeness in connection with UGC, without obligation or compensation, to the extent permitted by law. To the extent permitted, you waive moral rights.
(iv) Exclusive Right to Manage Our Site. We may—but are not obligated to—review, monitor, display, post, store, maintain, accept, or otherwise use UGC, and we may reject, delete, move, re-format, remove, or refuse to post UGC without notice or liability, including to enforce these Terms and our rules (see Section 2(b)).
(v) Representations & Warranties for UGC. Each time you submit UGC, you represent and warrant you are at least the age of majority in your jurisdiction (or have appropriate consents for minors depicted); you own or have the lawful right to submit the UGC and grant the rights granted herein; the UGC is accurate and does not infringe others’ rights; and the UGC will not violate these Terms, Additional Terms, or cause harm.
(vi) Enforcement. We have no obligation to monitor or enforce your IP rights but you grant us the right to protect and enforce our rights in your UGC, including by bringing actions in your name (at our cost).

(b) Community Usage Rules.
Your participation is subject to these Terms, including the following rules: (i) your UGC must be original or you must have all necessary rights; (ii) no visible third-party logos/phrases/trademarks unless you have permission; (iii) if someone appears in or contributed to your UGC, you must have their permission; (iv) no photos/videos of people except you, or you and others who consent; (v) act appropriately—no harassment, threats, defamatory, obscene, pornographic, or discriminatory content; (vi) no advertising/political content; (vii) no infringing/illegal activity; (viii) be honest—no impersonation or deception; (ix) UGC submitted in public/semi-public spaces may be accessible to others—avoid posting Personal Data; (x) do not reveal others’ Personal Data; (xi) no malware/viruses/spyware. We may require proof of permissions; failure to provide may lead to removal. You are solely responsible for your interactions with other users; we are not responsible for their conduct; we may but are not obligated to monitor disputes.

Linked-To Websites; Advertisements; Dealings with Third Parties

(a) Linked Sites; Advertisements. The Site may contain links to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and others. We have no control over and assume no obligation to review Linked Sites. We do not endorse or sponsor Linked Sites or any third-party content, ads, information, materials, products, or services. We are not responsible for the quality or delivery of products or services offered or advertised at such sites, and are not liable for any loss or damage caused by third-party content.

(b) Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings with third parties found on or through the Site (including Linked Sites or ads) are solely between you and the third party. We disclaim all liability in connection therewith.

Wireless & Location-Based Features and Other Telephonic Communications

(a) Wireless Features. The Site may offer features available via your wireless Device (“Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Wireless Features or they may be incompatible.

(b) Terms of Wireless Features. If you register for Wireless Features, we may send communications to your Device regarding us or other parties and collect information related to your use of Wireless Features. You agree to update your contact information when it changes.

(c) Location-Based Features. If you enable GPS/geo-location or other location features, you acknowledge your Device location may be tracked and shared as described in our Privacy Policy. Do not use location features for emergency or fail-safe purposes.

(d) Call Recording & Monitoring. Telephone calls to or from Plus God may be monitored and recorded; you agree to such monitoring/recording.

(e) Providing Contact Information. You verify that any contact information provided to Plus God (name, mailing address, e-mail, telephone numbers) is true and accurate, that you are the current subscriber or owner of any telephone number, and that you will notify us before changing your contact information.

(f) Your Consent to Receive Automated Calls/Texts. By voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages and/or autodialed calls and text messages from us related to promotions, products, transactions, and/or your relationship with Plus God. Consent to promotional automated calls/texts is not a condition of purchase. You may incur carrier charges.

(g) Opt-Out Instructions. To opt-out of text messages, text STOP to any message you receive (for help, text HELP). If we use different short codes, you must send STOP to each code. To opt-out of automated telephone calls (but not texts), provide written notice revoking consent including your full name, mailing address, and specific phone number(s), sent to Plus God LLC, Attn: Legal – Communications, 1266 W Paces Ferry Rd NW #578, Atlanta, GA 30327, or email care@plusgod.com. Please allow up to thirty (30) days to process. We may still make non-automated calls relating to your account/transactions.

(h) Indemnification (Telephony). You agree to indemnify Plus God for claims relating to your voluntary provision of a telephone number that you do not own and/or your failure to notify us of changes, including claims under the Telephone Consumer Protection Act or state law equivalents.

Dispute Resolution

Portions of this Section are a “written agreement to arbitrate” under the Federal Arbitration Act (FAA). You and Plus God intend that this Section satisfies the FAA “writing” requirement. This Section may only be amended by mutual agreement.

(a) First—Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your UGC, these Terms, or any Additional Terms (collectively, “Dispute”), or to any of Plus God’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send the other a written notice describing the Dispute or Excluded Dispute and a proposed resolution. Our notice to you will be sent to your most recent contact information. Your notice to us must be sent to: Plus God LLC, Attn: Legal Department, 1266 W Paces Ferry Rd NW #578, Atlanta, GA 30327. For sixty (60) days from receipt, we will engage in a dialogue to attempt to resolve the matter.

(b) Binding Arbitration. If we cannot resolve a Dispute under (a) within sixty (60) days, then ANY AND ALL DISPUTES arising between you and Plus God must be resolved by final and binding arbitration in accordance with the then-current American Arbitration Association (AAA) Consumer Arbitration Rules (the “Rules”). The arbitration will be administered by the AAA. If an in-person hearing is required, it will be conducted in the metropolitan statistical area where you reside at the time the Dispute is submitted, or Atlanta, Georgia, unless otherwise agreed. The arbitrator will apply and be bound by these Terms/Additional Terms and applicable law, and will issue a reasoned award only in favor of the individual party seeking relief. Issues relating to enforceability of the arbitration and class-action waiver are for a court to decide. (See AAA consumer resources and rules. American Arbitration Association+1)

(c) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE (BUT NOT AN EXCLUDED DISPUTE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT IS FOREVER BARRED.

(d) Injunctive Relief. The foregoing does not apply to legal action by Plus God for an injunction or other equitable relief related to the Site, Content, UGC, Plus God IP rights, operations, and/or products or services.

(e) No Class Action. YOU AND PLUS GOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ASSOCIATION. If a court holds this restriction unenforceable, the agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (f).

(f) Federal and State Courts in Fulton County, Georgia. Except where arbitration is required above, small claims actions, or enforcement of an arbitration award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Fulton County, Georgia (including the U.S. District Court for the Northern District of Georgia). You and Plus God consent to the exclusive personal jurisdiction and venue of such courts. (Court location info: Northern District of Georgia, Atlanta. gand.uscourts.gov+1)

(g) Small Claims Matters Are Excluded from Arbitration Requirement. Either party may bring qualifying claims in Georgia Magistrate Court (small claims). (Georgia magistrate courts generally have civil jurisdiction up to $15,000. Fulton County Magistrate Court+2DeKalb Magistrate Court+2)

(h) Governing Law. These Terms are governed by the laws of the State of Georgia, without regard to its conflicts-of-law principles; the FAA governs arbitrability.

Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by law, Plus God and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Plus God Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, regarding: (a) the Site (including the Content and UGC); (b) the functions, features, or elements on or made accessible through the Site; (c) any products, services, or instructions offered or linked through the Site; (d) security associated with transmission of UGC; (e) whether the Site or servers are free from harmful components; (f) whether information on the Site is accurate, complete, timely, or reliable; (g) whether defects or errors will be repaired; (h) whether access will be uninterrupted; (i) whether the Site will be available at any time/location; and (j) whether your use is lawful in any particular jurisdiction. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OR APPLICABLE ADDITIONAL TERMS, PLUS GOD PARTIES DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM VIRUS.

Limitations of Our Liability

UNDER NO CIRCUMSTANCES WILL ANY PLUS GOD PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Site (including the Content and UGC); (b) your use of or inability to use the Site; (c) any action taken in connection with an investigation by Plus God Parties or law enforcement; (d) any action taken in connection with IP enforcement; (e) any errors or omissions in the Site’s technical operation; or (f) any damage to equipment or technology, including losses or damages for lost profits, goodwill, data, work stoppage, accuracy of results, or equipment failure. The foregoing applies even if foreseeable or if Plus God Parties were advised of the possibility. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THUS, SOME LIMITATIONS MAY NOT APPLY. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLUS GOD PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID PLUS GOD IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, SUCH LOSSES WILL NOT ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF THAT AFFECTS THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR IP OWNED, LICENSED, USED, OR CONTROLLED BY PLUS GOD OR ITS LICENSORS.

Updates to Terms

These Terms (or applicable Additional Terms) posted at the time of your use govern such use. AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY BE MODIFIED PROSPECTIVELY. EACH TIME YOU USE THE SITE YOU AGREE TO THE THEN-APPLICABLE TERMS. We may notify you by posting on the Site or other reasonable means; your continued use constitutes acceptance. Changes are prospective only unless otherwise mutually agreed.

General Provisions

(a) Plus God’s Consent or Approval. Any consent/approval may be exercised in our sole discretion. No consent/approval is granted without a writing signed by an authorized officer.
(b) Applicable Law. These Terms and any Additional Terms are governed by Georgia law (conflict rules excluded), and the FAA governs arbitrability.
(c) Indemnity. You agree to defend, indemnify, and hold Plus God Parties harmless from and against any and all claims, damages, losses, costs, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) arising out of or related to: (i) your UGC; (ii) your use of the Site; (iii) your breach of these Terms/Additional Terms; (iv) your violations of laws/regulations; (v) materials transmitted through your Device that infringe others’ rights; (vi) any misrepresentation by you; and (vii) our use of information you submit.
(d) Operation of Site; Availability; International Issues. We control and operate the Site from U.S.-based offices; we make no representation that the Site is appropriate beyond the U.S. If you use it elsewhere, you do so on your own initiative and are responsible for compliance. We may limit the availability of the Site, any content, product, or service to any person, entity, area, or jurisdiction at any time.
(e) Export Controls. Software related to or made available by the Site may be subject to U.S. export controls. You are responsible for complying with all trade regulations and laws.
(f) Severability; Interpretation. If any provision is invalid/unenforceable, the remainder remains in full force. To the extent permitted by law, you agree to waive any rule that would construe a contract against its drafter. “Including” means “including, without limitation.”
(g) Communications. When you communicate with us electronically, you consent to receive communications electronically.
(h) Investigations; Cooperation; Termination; Survival. We may investigate suspected violations; cooperate with law enforcement; prosecute violators; discontinue the Site; and suspend/terminate access at any time without notice. Provisions that by their nature should survive do survive (including licenses, indemnities, releases, disclaimers, limitations, jurisdiction, choice of law, no class action, arbitration).
(i) Assignment. We may assign our rights/obligations at any time. You may not assign without our prior written consent.
(j) No Waiver. No failure or delay in exercising any right operates as a waiver; no waiver or modification is effective unless in writing signed by the party to be bound.
(k) Georgia Consumer Rights and Notices. Residents of Georgia may contact the Georgia Department of Law – Consumer Protection Division, 40 Capitol Square SW, Atlanta, GA 30334; Consumer Complaints: (404) 651-8600; Toll-free in Georgia: (800) 869-1123; online at consumer.ga.gov. GA Consumer Protection+1
(l) Connectivity. You are responsible for obtaining and maintaining all Devices, equipment, software, and services (internet/mobile) needed to access and use the Site and for all related charges.