Terms of service

Bricks & Minifigs Portland 

Last updated: October 20, 2023

Welcome! Thank you for visiting us online! Please take some time to read this entire document carefully. If you have any questions about this Terms of Service, please contact us.

Section 1. Your Acceptance of the Terms of Service

You are entering into a legally binding agreement with Bricks & Minifigs Portland (“we” or “us” or “our” or “Bricks & Minifigs Portland”). These Terms of Service sets out the terms and conditions upon which we grant you permission to access, visit, shop at, and use the website https://bricksandminifigsportland.com/ and the other websites and webpages owned and operated by Bricks & Minifigs Portland (collectively “Website”) and the products, items, content, information, features, functionality, applications, software, and services available through the Website (collectively “Services”), and establishes your rights and obligations as a user of our Services. These Terms of Service governs your use of our Services whether or not you register for an Account.

If you object to anything in these Terms of Service (or otherwise do not understand or agree to be bound by these Terms of Service), then do not use our Services. If you use our Services in any way, you acknowledge that you have read, understand, and agree to these Terms of Service.

We may change these Terms of Service at any time. We will provide you with notice of any material changes and tell you the date on which such changes will be effective. We may provide this notice to you by email or by posting a notice on the Website. It is your responsibility to review any changes to these Terms of Service. If you object to any of the changes to these Terms of Service (or otherwise do not understand or agree to any of the changes to these Terms of Service), then do not continue to use our Services. By continuing to access or use our Services following notice of any change to these Terms of Service, you acknowledge that you have read, understand, and agree to these Terms of Service as changed.

You may print a copy of these Terms of Service by using the print button or feature in your browser. We suggest retaining a copy for future reference.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Section 2. Our Rules and Policies

The following rules and policies (collectively “Rules and Policies”) are incorporated into and made part of these Terms of Service:

(A) Privacy Policy. Our Privacy Policy contains terms and conditions related to how we collect, use, disclose, retain, and protect your personal information. By using our Services, you consent to the collection, use, and disclosure of your information (as set forth in the Privacy Policy).

(B) Shipping Policy. Our Shipping Policy contains terms and conditions related to the shipment and delivery of products purchased through our Services.

(C) Refund Policy. Our Refund Policy contains terms and conditions related to the availability of refunds and exchanges for products purchased through our Services.

(D) DMCA Policy. This DMCA Policy was adopted in accordance with the Digital Millennium Copyright Act of 1998 and covers how we handle and respond to notices and allegations that any content or material on our Website infringes on your copyright.

(1) DMCA Takedown Notice Procedures. We are committed to protecting your copyrights. We will process all valid DMCA notifications and counter-notifications that we receive in accordance with this section, but we will not adjudicate these disputes.

(a) Reporting a Copyright Violation.

(i) If you believe your copyright is being infringed, you can submit a DMCA takedown notice by completing our DMCA form or by contacting us at the address listed in Section 4 below. Your claim must be submitted in English and must include at least the following information:

(a) your physical or electronic signature;

(b) identification of the copyrighted work that you claim has been infringed;

(c) identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) your address, telephone number, and email address;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) If you are not sure if your copyright is being infringed or if you have complied with the notice requirements, we encourage you to consult with an attorney before submitting a DMCA takedown notice or contacting us. It is your sole obligation to ensure that your notice complies with applicable law. Please confirm these requirements with an attorney or see the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information.

(iii) We reserve the right to forward all materials received (including your full contact information) to the opposing party in any DMCA dispute.

(b) Receipt of a DMCA Takedown Notice. Upon receipt of a valid and complete DMCA takedown notice, we will verify that the notice substantially meets the formal requirements under 17 U.S.C § 512. Once this determination is made, we will take the following actions:

(i) expeditiously remove or disable access to the material that is claimed to be infringing;

(ii) notify our applicable user that the material has been removed so that they may file a counter-notice should they wish;

(iii) if proper counter-notice is provided, notify the copyright holder and provide a copy of that counter-notice; and

(iv) if proper counter-notice is provided and if the copyright holder does not file suit within 10 business days, restore the removed material.

(c) Submitting a Counter-Notification.

(i) If we receive a DMCA notification and believe that your Custom Content is the subject of such notification, we will provide you with notice and a copy of the DMCA notification.

(ii) If you receive a copy of a DMCA notice from us and believe that your Custom Content has been removed or disabled by mistake or because of misidentification, you can submit a counter-notification by completing this form or by contacting us. Your counter-notification must be submitted in English and must contain the following information:

(a) your physical or electronic signature;

(b) 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 to it was disabled;

(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(iii) If you are not sure how to respond or if you have complied with the counter-notice requirements, we encourage you to consult with an attorney before submitting a counter-notice or contacting us. It is your sole obligation to ensure that your counter-notice complies with applicable law. Please confirm these requirements with an attorney or see the 17 U.S.C. §512(g)(3) for more information.

(iv) We reserve the right to forward all materials received (including your full contact information) to the opposing party in any DMCA dispute.

(d) Receipt of a Counter-Notice. Upon receipt and verification of your counter-notification, we will forward the counter-notification to the copyright owner. If we do not receive a notice within 10 business days after forwarding the counter-notification that the owner has filed an action seeking a court order to prevent further infringement, we may restore the removed material.

(e) Access to Custom Content. We may disable or restrict your access to your Custom Content after we receive your counter-notification until the dispute is resolved or until 10 business days have passed without notification that the copyright owner has filed an action seeking a court order.

(f) Termination of Repeat Infringers. We reserve the right to terminate or suspend the Account or access of any repeat copyright infringers.

(2) Contacting Our Copyright Agent. You may send any notices and other communication to our copyright agent at the following address:

Section 3. Your Use of Our Services

(A) Eligibility. By using our Services, you represent and affirm that you are over the age of 18 or otherwise possess legal parental or guardian consent, are located in the U.S. or Canada, and are fully able and competent to enter into and perform your obligations under these Terms of Service. Our Services are not intended for children under the age of 13. If you are under the age of 13, please do not use our Services.

(B) License. During the term of these Terms of Service, we grant you a limited, non-exclusive, non-transferrable, and revocable license to access, visit, shop at, and use our Services for your personal and non-commercial use in accordance with these Terms of Service.

(C) Compliance with Laws. You agree that (1) your use of our Services will be in strict compliance with these Terms of Service and with all applicable laws and regulations, and (2) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party. You acknowledge and agree that we are providing our Services from our location in Portland, Oregon, USA, and we make no representation that our Services are appropriate or applicable or will be available for use in other locations outside of the U.S. or Canada. Except as otherwise specifically provided in these Terms of Service, all marketing or promotional materials provided through our Services are solely directed to and intended for persons and entities located in the United States. If you use our Services from a location outside the United States, you are entirely responsible for compliance with all applicable local laws, rules, and regulations in your country, province, state, city, or other location.

(D) Prohibited Activities. Except as otherwise specifically provided in these Terms of Service, you may not engage in any of the following prohibited activities: (1) reproducing pictures, descriptions, or other aspects of the Website on any other site; (2) “framing” or “mirroring” of the Website or any material contained on or accessible from the Website on any other server or Internet-based device; (3) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (4) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc. to access the Website; (5) transmitting spam, chain letters, or other unsolicited email; (6) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website; (7) taking any action that imposes or may impose (in our determination, at our sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Website; (8) uploading invalid data, viruses, worms, or other software agents through the Website; (9) collecting or harvesting any personally identifiable information from the Website; (10) using the Website for any commercial solicitation purposes; (11) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (12) interfering with the proper working of the Website; (13) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (14) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

(E) Third-Party Content. Our Services may include links to third party websites, content, and services which are not owned or controlled by us (collectively “Third-Party Content”). You acknowledge and agree that (1) any Third-Party Content is provided for your convenience only, (2) we have no control over nor assume any responsibility for any Third-Party Content, and (3) we do not make any representations or warranties regarding the nature, quality, suitability, usefulness, availability, accuracy, or completeness of any Third-Party Content. Your access to and use of any Third-Party Content is at your own risk and is subject to the terms of use and privacy policies established by the Third-Party Content providers. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

(F) Maintenance and Updates. We reserve the right to temporarily suspend or limit access to the Services for the purpose of maintenance and updates. You acknowledge and agree that we are not responsible or liable to you for any reason in the event that all or any portion of the Services are unavailable to you for any period.

(G) Feedback. We encourage you to provide us with your feedback in the form of reviews, comments, concerns, suggestions, and recommendations related our Services (collectively “Feedback”). If you provide us with any Feedback, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferrable, and sublicensable license to use your Feedback or to incorporate your Feedback into our Services without restriction and without providing any attribution or compensation to you.

Section 4. Intellectual Property Rights and Licenses

(A) Our Content. Our Services include or otherwise contain designs, features, functionality, elements, images, photographs, logos, graphics, text, content, trademarks, service marks, logos, and other information and materials (collectively “Our Content”) which are (1) owned by us or licensed to us by our licensors, and (2) subject to domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws and protections. We reserve all rights in Our Content which are not expressly granted to you under these Terms of Service.

(B) Limitations on Use of Our Content. Our Content is intended solely for your personal and non-commercial use. You may download or copy Our Content for your personal use only. No right, title, or interest in or to any of Our Content is transferred to you as a result of any such downloading or copying. Except as otherwise specifically provided in these Terms of Service, you agree to not engage in the use, copying, or distribution of any of Our Content other than as expressly permitted by these Terms of Service.

(C) Your Custom Content. As part of our Services, you may upload or otherwise provide custom images or content (“Custom Content”) in order to design and purchase a custom product. You retain all ownership rights to your Custom Content.

(1) By uploading or otherwise providing Custom Content to us, you agree that the following statements are true:

(a) You have the right to upload and use the Custom Content, because either: (i) you own the Custom Content; or (ii) the owner has granted you a license or other right to use the Custom Content; or (iii) the Custom Content is part of the public domain; or (iv) to the best of your knowledge, nobody else claims any ownership of or exclusive rights to the Custom Content.

(b) The Custom Content does not violate any patent, trademark, copyright, trade secret, or other intellectual property or proprietary rights of any third party.

(c) You have the right and authority to grant a license to us to use the Custom Content under Section 4(D) – License to Use Your Custom Content.

(2) We reserve the right to reject or remove your Custom Content for any reason at any time, including because your Custom Content (a) infringes or violates the intellectual property, privacy, or any other rights of any third party; (b) is defamatory or libelous; (c) is sexist, racist, homophobic, etc.; (d) is obscene, lewd, lascivious, vulgar, offensive, objectionable, inappropriate, etc.; (e) contains symbols, marks, or other content signifying or associated with hate towards a group of people; (f) contains nudity or pornographic material; (g) contains or otherwise reveals any personal information or any third party; (h) contains obscenities or vulgarities; (i) depicts violence or abuse; or (j) is otherwise prohibited by law.

(3) You acknowledge that we do not review your Custom Content for compliance with these Terms of Service. You agree that you are solely responsible for your Custom Content and acknowledge that you may be held legally liable for your Custom Content.

(4) If you do not want us to use your Custom Content, do not submit or otherwise provide any Custom Content to us.

(D) License to Use Your Custom Content. You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferrable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Custom Content in connection with our Services, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, without restriction and without providing any attribution or compensation to you.

(E) Marketing and Advertising. In addition to the license granted in Section 4(D) – License to Use Your Custom Content, if you provide your consent, you agree that we may use your Custom Content for marketing and advertising purposes. You may opt in or out of this type of use via your Account.

Section 5. Communications 

If we need to communicate with you about these Terms of Service or our Services, you agree that we may do so electronically, including in any of the following ways: (a) banner or other visible notice on our Website, (b) email, (c) text message, (d) or other communications sent to your computer or mobile device. You further agree that any such electronic communications satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your account information updated via your Account page.

By providing us with your email address (whether or not you create an Account), you agree that you have affirmatively requested to receive marketing and promotional material. You may opt out of receiving such materials via your Account or by following the instructions in the email.

Section 6. Website Transactions 

(A) Orders. You may place an order using our Services as a “guest” or under your Account (see Section 9 – Your Account). By placing an order with us, you (1) are offering to make a purchase, (2) are representing that all information that you provide to us in connection with such order is true and accurate, (3) are authorized to use the payment method provided, (4) accept and agree to be bound by these Terms of Service, and (5) agree to pay (using the selected payment method and in accordance with Section 6(C) – Payment Processing) all amounts owed in connection with such order.

(B) Acceptance of Your Order. Your receipt of an order confirmation does not constitute our acceptance of an order. Even after your receipt of an order confirmation, we reserve the right to (1) refuse or cancel any order that you place with us, (2) limit the number or quantity of items ordered or purchased per Account, per person, per household, per order, per credit card, and per address, and (3) request verification of information.

(C) Payment Processing. Payments in connection with any orders and transactions may be processed using a third-party payment processing service provided by Shopify, Inc. (“Shopify”). You acknowledge and agree that we are not responsible for any errors by Shopify. The processing of payments through Shopify will be subject to these Terms of Service and to Shopify’s terms and conditions and privacy policies (available at https://www.shopify.com/). Please note that any payment terms presented to you during the checkout process are deemed part of these Terms of Service. By placing an order using our Services, you agree to pay us (through Shopify) all amounts owed in connection with such order, and authorize us (through Shopify) to charge your payment provider based on your selected payment method. The terms of your payment will be determined based on your selected payment method. You acknowledge and agree that such terms may be determined in part by agreements between you and your financial institution, credit card issuer, or other payment provider. If we do not receive your payment (through Shopify), you agree to pay all amounts owed on demand. We do not store your credit card, debit card, bank account, or other payment method information, but if you have an Account, your Account may be linked to your payment credentials with Shopify. You acknowledge and agree that you must promptly update all information to keep your billing name, address, and payment information complete and accurate, and must promptly notify Shopify if your payment method is canceled or if you become aware of any fraud or other breach of security.  

Section 7. Offers and Promotions

We may from time to time make available special offers and promotions that provide an opportunity to receive discounts, coupons, gift cards, or other benefits (collectively “Promotions”). You agree that, unless otherwise specifically provided in writing in connection with such Promotion, any Promotion: (a) may only be used for the intended purpose; (b) are non-transferrable; (c) may not be combined with any other Promotions; (d) is only redeemable as long as supplies last; (e) may be canceled or discontinued (in whole or in part) at any time by us; (f) may not be redeemed for cash; and (g) may expire prior to your use. You acknowledge and agree that we may change the terms and conditions of any Promotion at any time without prior notice to you, including changing the expiration date.

Section 8. Product Information and Pricing

(A) Pricing. All prices are in U.S. dollars. We reserve the right to change pricing at any time without prior notice to you. All advertised prices are subject to change. All products are available only as long as supplies last. In the event of an incorrect price (whether due to typographical or otherwise), we reserve the right to refuse or cancel your order for the incorrect price, even if your order has been confirmed or processed by us. If you have already made payment or if your Account has already been charged for the incorrect price and we refuse or cancel the order, we will credit you or your Account in the amount of the incorrect price.

(B) Products. We try to be as accurate as possible with our product descriptions. However, all advertised products are subject to change, and we provide no warranty or guarantee that any product descriptions or other information are accurate or complete.

(C) Colors. We try to be as accurate as possible with the colors displayed on our Website. However, we cannot guarantee the accuracy of any color displayed on your computer or mobile device.

(D) Comparative Advertising. We may use brand names, descriptions, photos, images, and other information related to third party brands and products in connection with our Services for the purpose of comparative and compatibility advertising. You acknowledge that by doing so, we do not represent that such third party is endorsing our products.    

Section 9. Your Account

In order to access and use certain features included in our Services, you must create an account (“Account”).

(A) Eligibility. By creating your Account, you represent and confirm that: (1) you are at least 18 years old; (2) you can enter into a legally binding contract; and (3) you have the right, authority, and capacity to enter into and comply with these Terms of Service. You may not create more than one active account, even if you do so using a different name, email address, credit card, or mailing address. We reserve the right to suspend or terminate any account that we suspect is created by anyone who already has an account.

(B) Account Information. When you create your Account, you must provide accurate, current, and complete information, including a valid email address, and select a password. You agree to update your Account information as needed to keep it accurate, current, and complete.

(C) Activity. You are responsible for all activity that occurs under your Account and password, even if such use is by others without your authorization. You must keep your password secure and confidential and restrict access to your computers and mobile devices. You must notify us immediately of any unauthorized access to or use of your Account. You are solely responsible for any loss that you may suffer as a result of any else using your Account (even if such use is without your knowledge or authorization).  

(D) Account Security. We take your privacy and the security of your Account seriously. However, we cannot guarantee that unauthorized third parties will never defeat our security measures or otherwise gain access to your information. By creating your Account, you acknowledge and agree that you are providing your information at your own risk.

Section 10. Termination and Suspension

We reserve the right to terminate, limit, or suspend (with or without notice) your Account and your use of our Services.

You may terminate your Account at any time via your Account page. However, any termination of your Account will not release you from any existing obligations under these Terms of Service.

These Terms of Service will automatically and immediately terminate upon either party’s insolvency, bankruptcy, receivership, dissolution, or liquidation.

Section 11. Warranty Disclaimers

Except as otherwise specifically provided elsewhere in these Terms of Service, our Services are provided “AS IS” without any warranties of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties (express and implied), including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, and availability.

Except as otherwise specifically provided elsewhere in these Terms of Service, you expressly acknowledge and agree that: (a) we make no warranty that (i) our Services will meet your requirements; (ii) our Services will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from the use of our Services will be accurate, reliable, complete, or current; (iv) the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations; or (v) any errors in our Services will be corrected; (b) any material downloaded or otherwise obtained through the use of our Services is done at your own risk and that you will be solely responsible for any damage to or loss of data from your computer system or mobile device that results from the download of any such material; (c) no advice or information (whether oral or written) obtained by you from us (including through or from our Services) shall create any warranty which is not otherwise expressly stated in these Terms of Service; and (d) we are not responsible for incorrect or inaccurate entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any telephone network, computer equipment, software, or any combination thereof, or inability to access our Services.

Section 12. Limitation of Damages and Release of Liability

Any release, disclaimer, or limitation stated elsewhere in these Terms of Service is in addition to and shall not limit, restrict, or otherwise affect the scope or enforcement of any release, disclaimer, or limitation stated in this section.

Some states or jurisdictions do not allow the types of limitations in this section, so they may not apply to you.

(A) Limitation of Damages.

(1) You agree that, to the extent permitted by applicable law, if we are found liable in any claim, our total liability to you or to any third party (whether jointly, severally, or individually) shall not exceed the amount paid by you to us in connection with the transaction giving rise to such liability. If no such amount was paid by you to us, our total liability under this section shall not exceed $100.

(2) You agree that, except as otherwise specifically provided under Section 12(A)(1) – Limitation of Damages, and to the extent permitted by applicable law, we shall not under any circumstances have any liability whatsoever to you or any third party (whether jointly, severally, or individually) for any (a) damages or losses of any kind (known or unknown, foreseen or unforeseen, direct or indirect) arising out of or in any way related to any disclaimer provided in these Terms of Service (including Section 11 – Warranty Disclaimers); (b) indirect, incidental, special, consequential, or punitive damages, or (c) loss of use, data, opportunity, goodwill, reputation, profit, or revenue.

(B) General Release of Liability.

(1) You hereby unconditionally release Bricks & Minifigs Portland from any and all liability for any losses and damages (whether direct or indirect, known or unknown, foreseen or unforeseen, and including attorney fees) arising out of or in any way related to any of the following: (a) your violation of or failure to perform any obligation under these Terms of Service; (b) your use of any Third-Party Content; (c) our rejection or removal of your Custom Content; (d) our rejection of or refusal to accept any order (in whole or in part); (e) our cancelation or discontinuance (in whole or in part) of any Promotion; (f) any incorrect pricing; (g) any inaccurate or incomplete product information; (h) your failure or refusal to keep your Account login information confidential; (i) our termination or suspension of your Account; (j) your cancelation of your Account; and (k) your improper use or maintenance of any product purchased through our Services.

(2) You acknowledge and agree that under this general release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this general release to include only those claims which you may know or suspect to exist at the time you agree to this release.

(3) If you are a California resident, you hereby waive California Civil Code § 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

(4) You hereby agree to pay all reasonable costs and expenses (including court fees, attorney fees, travel expenses, and other related costs and expenses) incurred in connection with our efforts to obtain a stay or dismissal of any claim from which you released us of liability under this Section 12(B) – General Release of Liability.

Section 13. General Provisions

(A) Times is of the Essence. Time is of the essence with respect to all dates and time periods set forth or referred to in these Terms of Service.

(B) Translations. We may offer translated versions of our Services or these Terms of Service. Any such translations are offered solely for convenience. You should not rely on any translated version of our Services or these Terms of Service. If any questions arise concerning the accuracy or completeness of any translated version of our Services or these Terms of Service, please refer to the English version, which is the official and authoritative version.

(C) No Third-Party Beneficiaries. Except as otherwise specifically provided in these Terms of Service, these Terms of Service creates no third-party beneficiary rights.

(D) No Joint Venture. No independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser-franchisee relationship is intended or created by these Terms of Service or your use of our Services.

(E) Waiver. Our failure to strictly or timely enforce any provision of or exercise any right under these Terms of Service is not a waiver of our ability or right to do so later or of our ability or right to enforce any other provision of or exercise any right under these Terms of Service. Any waiver must be in writing and signed by the waiving party.

(F) Entire Agreement. These Terms of Service (including the Rules and Policies under Section 2 – Our Rules and Policies) constitutes the entire agreement between you and Bricks & Minifigs Portland with respect to its subject matter, and replaces and supersedes any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms of Service. You acknowledge and agree that there have been no representations, warranties, or promises outside of these Terms of Service.

(G) Construction and Interpretation. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms of Service. The headings used in these Terms of Service are for convenience only. All references to sections or subsections without additional identification refer to the sections or subsections of these Terms of Service. The verb used to introduce a statement of fact (e.g. states, represents, warrants, etc.) in these Terms of Service does not affect the remedies available for inaccuracy of that statement of fact. Wherever appropriate, the masculine may mean the feminine and the singular may mean the plural or vice versa. The words “include” or “including” are each “without limitation”. Any, all, each, or every means any and all, and each and every.

(H) Severability. Except as otherwise specifically provided in these Terms of Service, if any provision (or portion thereof) of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be unenforceable, illegal, null, void, or against public policy, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and these Terms of Service. If a court or arbitrator finds the modified provision to be unenforceable, illegal, null, void, or against public policy, the enforceability of the remaining provisions of these Terms of Service and these Terms of Service in general will not be affected in any way.

(I) Survival. Any provision of these Terms of Service which imposes an obligation after the termination or expiration these Terms of Service shall survive the termination or expiration of these Terms of Service.

Section 14. Contacting Us

If you have questions about these Terms of Service, or if you have questions about our Services, or if you want to update your Account information, or for any other reason, you can contact us by email, telephone, or mail: