PRIVACY POLICY

Effective Date: 09/01/20

Athens Services is committed to protecting the privacy and security of your information.  This Privacy Policy explains how we collect and utilize your personal information, whether collected through our website at AthensServices.com, our mobile applications, and all related websites and other web-based services (our “Sites”), as well as the delivery of our waste collection and recycling services and other interactions with you (collectively, the “Services”).  “You” may be an Athens Services customer or potential customer, a Site visitor, or an individual or organization inquiring about our Services, employment applications, or other offerings, as provided for on our Site or through our Services. This Policy applies exclusively to Athens Service’s Sites and Services.  It does not apply to third-party websites, products, or services, even if they link to, or are linked from, our Sites or Services. These external websites may have different privacy policies from the Sites and Athens Services is not responsible for the privacy practices of such external websites. We encourage you to read all privacy policies posted on the web sites that you visit. Unless otherwise noted, the Privacy Policy applies to information that identifies, relates to, or could reasonably be linked with a particular individual or household (“Personal Information”).  Personal Information does not include publicly available information or information that has been de-identified or aggregated. By using our Sites, you consent and agree to our Privacy Policy and our collection, use, and sharing of your information and data, and other activities, as described below. If you do not agree to the terms of this Privacy Policy, please do not provide us with any Personal Information and do not use our Sites.

  1. What Personal Information We Collect.  We collect Personal Information related to your account and related services, as well as automatically collected data.
  2. How We Use Your Personal Information.  We use your Personal Information in many ways, including to provide services, communicate with you, and comply with our legal obligations.
  3. Sharing of Your Personal Information.  We do not sell your Personal Information and share it only as disclosed in this Policy.
  4. Social Media.  Your interaction with social media platforms is governed exclusively by those third-party websites.
  5. Data Retention, Storage, and Security.  We do not keep your Personal Information longer than necessary and protect it with reasonable security procedures and practices.
  6. Protecting the Privacy of Minors.  We are a general audience website.
  7. Your Choices About the Personal Information We Collect.  You can change your communications preferences, certain contact information, and other preferences at any time.
  8. Cookie Policy and Interest-Based Advertising.  We may collect information from you automatically through the use of cookies and other tracking technology.
  9. International Data Transfers.  The website is operated from and intended for users located in, the United States.
  10. Updates to this Privacy Policy.  We may update this Privacy Policy from time to time.
  11. Contact Us.  You may email us with questions or comments about our privacy practices.
  12. California Consumer Privacy Statement.  California residents are entitled to certain disclosures, privacy rights, and other information about our privacy practices.
  1. What Personal Information We Collect

We collect information from and about you over the course of the creation and maintenance of your account, use of our Services, and communications to and from us, as well as certain automatically-collected data based on your utilization of our web-based Services and other Personal Information that may be collected from or through our partners, affiliates, private party clients, and governmental entities.

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Account and Transactional Information. Athens Services collects Personal Information in connection with setting up your account and providing you with our Services, including your name, telephone number, e-mail address, date of birth, and home or business and mailing address or other location from which you use our services from the information you provide us through technology, including any use of our Sites that require certain Personal Information or your communication with us regarding our Services. We also collect billing and payment information you use to pay your bills, such as your bank account information and/or credit or debit card information to facilitate online and automatic bill payments; credit history; email address; and/or mailing address if different from the service address. We may also collect Personal Information from devices on our trucks or handheld devices to analyze your use of our Services. This Personal Information may also be collected from or through our partners, affiliates, private party clients, and governmental entities.

Automatically Collected Data. “Automatically Collected Data” is data collected through automated means, either generated by your use of our Sites and Services, or from the Services infrastructure itself (for example, the duration of a page visit), through the use of cookies and other tracking technologies. Automatically Collected Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Services by or through a mobile device, Automatically Collected Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data. Automatically Collected Data helps us recognize you as well as provide personalized content and advertising across all of your devices. Automatically Collected Data may also include communication metadata resulting from your phone communications with us.

Interactions with third-party sources. We may collect Personal Information about you from third-party sources, including things that other third parties may post publicly about you or otherwise provide to us when you interact with or access third-party services through the Sites. For example, we may receive information about you from third-party social media platforms when you send a communication, such as an email or post from a social media interface on our Site. To control the information that we receive from third-party social media platforms, please update your privacy settings in your account on the relevant third-party platform.

Deidentified and anonymous data. We may create de-identified or anonymous data from personal information by removing—or through obfuscation or through other means—data components (such as your name, email address, or linkable tracking ID) that make the data personally identifiable to you.

  1. How We Use Your Personal Information

We may use the information we collect from you to provide our Services to you, facilitate business relationships, comply with our regulatory and other legal obligations, and pursue our business interests. We generally use the Personal Information we collect for the following purposes:

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  • Provide Services to you, including to enter into a contract for services, process payments, fulfill orders, respond to inquiries, send communications, and provide customer support. Operate and maintain safe, secure, and reliable services to you and to comply with Athens Services’ legal obligations.
  • Interact with you, including to provide you with information about our services and the products and services of our valued partners that we believe may be of interest to you.
  • Promote, analyze, modify, and improve our Services, and develop new services and programs. Manage, operate, and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets.
  • Enable third parties, service providers, suppliers, vendors, and contractors that provide services or equipment on our behalf and to help us operate and improve our business.
  • Comply with a request by courts, government agencies, law enforcement, or other government authorities.
  • Comply with a valid warrant, subpoena, or court order, or assert or defend legal claims.
  • Monitor, prevent, and detect activities that may violate our policies or be fraudulent or illegal, and protect against other threats to the safety and security of Athens Services, you, or others.
  1. Sharing of Your Personal Information

Athens Services does not sell your personal information to third parties. We only share your Personal Information with our service providers and other trusted entities, as further outlined below and elsewhere in this Privacy Policy.

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Service providers. We share Personal Information with our service providers that perform certain services on our behalfs, such as web hosting, data analysis, Site operations, and optimization, information technology and related infrastructure, customer service, email delivery, marketing automation, payment processing, content management, and auditing. Our service providers are authorized to use or disclose the Personal Information only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to safeguards designed to protect the security and confidentiality of Personal Information they process on our behalf.

Affiliates, clients, and governmental entities. We share Personal Information with our affiliates, private party clients, and governmental entities for internal administrative purposes, in accordance with your consent, pursuant to our contracts with those entities, and/or as required by law. In addition, you may be presented with certain information regarding services and products from our affiliates and other trusted partners that we believe you may be interested in. If you choose to learn more about those products and services, you may choose to directly provide your Personal Information to those entities, or have us provide it on your behalf. If you choose to do so, your Personal Information and other information will also be subject to the privacy policies and practices of those third parties.

Third-party digital advertising companies. As with most web services, we do share a limited set of data that is gathered when you visit our Sites, such as cookies and pixels, with third parties for the limited purpose of providing you with tailored digital advertisements.

Other users and third parties authorized by you. We may share Personal Information with users and third parties authorized by you as necessary to maintain your account and provide the Services. We may also share Personal Information with third parties directly authorized by you to receive personal information. The use of Personal Information by an authorized third party is subject to the third party’s privacy policy.

Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business—such as a reorganization, merger, consolidation, restructuring, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, interests, and/or assets—we may share Personal Information with third parties for the purpose of facilitating and completing the transaction.

Compliance and harm prevention. To the extent permitted or required by applicable law, we share Personal Information as we believe necessary (i) to comply with applicable federal, state, and local laws; (ii) to enforce our contractual rights; (iii) to protect or defend the rights, privacy, safety, and property of Athens Services, you, or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

  1. Social Media

If you share our content through social media, for example by liking us on LinkedIn, following or tweeting about us on Twitter, or following us on Instagram, those social networks will record that you have done so and may set a cookie for this purpose.

  1. Data Retention, Storage, and Security

We keep your Personal Information for differing lengths of time depending on the type of information, the reason it is maintained, and any business and legal requirements that may apply. We will never retain your Personal Information longer than is reasonably necessary.

You use the Sites at your own risk. We implement and maintain reasonable security procedures and practices, including technical, administrative, and organizational measures to protect Personal Information. Please note, however, that no data that is transmitted over the Internet, mobile networks, or wireless networks, or that is stored electronically, can be guaranteed as completely secure. As a result, we cannot guarantee or warrant the security of the Personal information you transmit to or from our Site.

  1. Protecting the Privacy of Minors

Our Sites and Services are not directed to or intended for use by any children under the age of 16, and we request that they not provide Personal Information through the Sites and Services. If we become aware that we have collected Personal Information from a child under the age of 16, without parental consent, we will take steps to dispose of that information as permitted by law and in accordance with applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 16 has provided us with personal information without your consent, please contact us by emailing communications@athensservices.com.

  1. Your Choices About The Personal Information We Collect

If you would like to stop receiving newsletters or other marketing or promotional messages, notifications, or updates from us or our valued partners, you may do so by clicking the unsubscribe link that appears at the bottom of any of these email communications or by emailing us at CS@athensservices.com, and we will promptly remove you from all correspondence. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us.

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You may also write to us at:
Athens Services
5355 S Vincent Ave
Irwindale, CA 91706
Attn: Customer Service
 

To update or change certain of your contact information, log in to your Athens Services account and make changes in your profile settings, or contact us by emailing us at CS@athensservices.com. If you are a California resident, please read our California Consumer Privacy Statement for information about the privacy rights afforded to you under California law.

When you visit our Sites, we may collect information from you automatically through cookies. We also rely on partners to provide many features of our Sites and Services using data about your use of the Sites and Services. We may use cookies for the following purposes:

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  • Preference. To allow us to remember your preferences and identify you when you return to our Sites or Services.
  • Analytics. To allow us to understand how our Sites and Services are being used, track site performance and content views, and make improvements to the content, products, or services.
  • Advertising. To deliver targeted advertising based on your preferences, location, and/or interests across different services and devices and measuring the effectiveness of ads.
  • Social Media. To enable the sharing of content from our Sites and Services through social networking and other sites.

You can modify your browser settings to decline or accept cookies. However, in a few cases, some of our Sites’ and Services’ features may not function as designed.

We do not support the “Do Not Track” functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser.

  1. International Data Transfers

Our Site is operated in the U.S. and intended for users located in the U.S. We may transfer, store and use information we collect and maintain about you, including Personal Information outside of your state, province, country or other governmental jurisdiction. The data protection laws in the jurisdiction in which we process Personal Information may differ from those of your jurisdiction, and in certain circumstances, your personal information may be subject to access requests from governments, courts, law enforcement agencies or regulatory agencies in those other jurisdictions. By using the Site or providing us with any information, you consent to the transfer and processing of your information, including personal information, in the U.S. and elsewhere as set forth in this Privacy Policy.

  1. Updates to this Privacy Policy

We may update this Privacy Policy from time to time. The “Effective Date” legend at the top of this Privacy Policy indicates when it was last revised. Any changes are effective when we post the revised Privacy Policy on the Sites. If we make material changes to this Privacy Policy that expand our rights to collect new Personal Information or use Personal Information differently that we have previously collected about you, we will notify you and provide you with the disclosure by posting it on our Sites and contacting you through reasonably available means, including your Athens Services account and/or email address. We encourage you to review this Privacy Policy periodically to stay informed of how we may process your information.

  1. Contact Us

For more information about our privacy practices, or any other questions or concerns, please contact us by emailing communications@athensservices.com. For all other questions or comments, please contact us at CS@athensservices.com.

  1. California Consumer Privacy Statement

This California Consumer Privacy Statement supplements the Privacy Policy. It applies solely to California residents about whom we have collected Personal Information online and offline. This Statement does not apply to Athens Services’ personnel or job applicants, or the personnel of our business customers. This California Consumer Privacy Statement uses certain terms that have the meanings given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as rights to access, delete, and restrict the sale of certain Personal Information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights by calling 888-336-6100 or by emailing us at communications@athensservices.com. For more information about our general privacy practices, please view our disclosures elsewhere in this Privacy Policy.

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Personal Information We Collect

We may collect the following categories of Personal Information about you:

  • Identifiers: includes identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, and other similar identifiers
  • Commercial Information: includes commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies Online
  • Activity: includes internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications, or advertisements
  • Geolocation Data: includes physical location and/or movements
  • Audio, Electronic, or Visual Information: includes video, photographs, and call center recordings Protected Classifications: includes characteristics of protected classifications under California or federal law, such as age, senior status, and income level.
  • Additional Data Subject to Cal. Civ. Code § 1798.80 (“Sensitive Information”): includes signature, bank account number, credit card number, debit card number, and other financial information

What We Do With Your Personal Information

Athens Services may collect, use, or disclose Personal Information about you for the following purposes:

  • Provide our Services and related products to you;
  • Provide access to our Sites;
  • Provide better-targeted customer experience and improve our Services;
  • Service verification;
  • Communicate with you to provide updates about our Services, special events, new products and services, payment confirmations, current information regarding our products, or other promotions that might be of interest to you, or to respond to communications that you have sent to us;
  • Bill you for Services and process payments;
  • Provide you with information about our products and services, or the products and services of our value partners;
  • Detect and prevent fraud and abuse;
  • Operate and maintain safe, secure, and reliable Services and Sites;
  • Perform research and development;
  • Perform accounting, audits, and other internal functions; and
  • Comply with requests or orders from courts, law enforcement, or other government authorities.

Sources of Collected Personal Information

We may collect Personal Information from the following categories of sources:

  • From you, including via our Sites, telephone, postal mail, social media, forums, or other means, including via our service providers and vendors
  • Private party clients, including clients receiving waste management services from Athens Services including homeowner’s associations, movie studios, and property owners
  • Governmental entities, including cities, counties, airports, and other governmental entities that we are contracted with
  • Our affiliates in accordance with your consent and/or pursuant to contract We may supplement the information described above with information we obtain from other sources.

Who We Share Personal Information With

We limit our disclosure of the categories of Personal Information above to the following types of entities:

  • Our service providers for one or more business purposes
  • Private or governmental entities that we are contracted with or otherwise required to share data with under applicable laws and regulations
  • Advertising partners as described below
  • Affiliates

We do not sell your Personal Information to third parties. As with nearly every consumer-facing company with a website, we do share a limited set of data that is gathered when you visit our Site, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements. To the extent this activity is interpreted as included in California’s broad definition of “data sale,” we have provided California residents with opt-out rights as to that activity as described in Section 12(f) below.

In the last twelve (12) months, we’ve disclosed certain Personal Information to the following categories of third parties:

Categories of third parties Categories of Personal Information disclosed
Private party clients Identifiers; protected classifications; commercial information; sensitive information; geolocation data 
Governmental entities Identifiers; protected classifications; commercial information; sensitive information; geolocation data
Affiliates  Identifiers; protected classifications; education information; commercial information; online activity; sensitive information; geolocation data; inferences
Advertising partners Identifiers; online activity

Your Privacy Rights

If you are a California resident, you have the following rights under applicable California law in relation to your Personal Information, subject to certain exceptions:

  • Right to Know. You have the right to, up to twice in a 12-month period, request:
    • The categories of Personal Information we have collected;
    • The categories of sources from which the Personal Information was collected;
    • The purposes for collecting or selling the Personal Information;
    • The categories of Personal Information that the business sold or shared for a business purpose;
    • The categories of third parties with whom the Personal Information was sold or shared the for a business purpose; and
    • The specific pieces of Personal Information we have collected about you.
  • Right to Delete. You have the right to request under certain circumstances the deletion of your Personal Information that is collected by us.
  • Right to Opt-Out of Sale. You have the right to opt-out of the sale of your Personal Information by a business. However, Athens Services does not sell your Personal Information. Nonetheless, we have provided California residents with the ability to opt-out of our limited digital advertising activity as described in Section 12(f) below.
  • Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

Notwithstanding the foregoing, please note that we may be unable to partially or fully comply with your rights requests for various reasons under California law, which we will identify to you in the event they may apply. In addition, this right does not apply to Athens Services employees, job applicants, or labor contractors.

Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information. We will match the identifying information provided by the requestor to the Personal Information provided by the consumer that we already maintain.

Disclosures in response will be available within forty-five (45) days preceding receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. Athens Services reserves the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

If you are a California resident and wish to exercise these rights, please reach us by emailing us at communications@athensservices.com or by calling 888-336-6100.

You may also designate an authorized agent to request to exercise the above rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us at CS@athensservices.com. We will respond to requests from authorized agents who submit a verifiable, signed, written request, or evidence that you have provided them with power of attorney.

We currently do not collect household data. If we receive an access or deletion request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect Personal Information from any person under the age of 13.

Notice of Right to Opt-Out

We do not sell your Personal Information. If you wish to opt-out of our sharing of the limited data that is gathered when you visit our Site for purposes of targeted digital advertising, we encourage you to visit the Network Advertising Initiative and/or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements. You may also visit these websites for more information on how you can opt back into the sharing of data. Please note that Athens Services does not maintain this web tracking data in an identifiable manner.

We will continue to update our business practices as direct regulatory guidance becomes available. For more information on interest-based advertising, please review Section 8 of this Privacy Policy.

Third-Party Marketing

California residents additionally have the right to request information regarding third parties to whom Athens Services has disclosed certain categories of Personal Information during the preceding year for the third parties’ direct marketing purposes under California’s “Shine the Light” law. However, we do not disclose this type of Personal Information to third parties for their own marketing purposes and we permit you to opt-out of any disclosures of non-identifiable Personal Information. If you are a California resident and would like to inquire further, please email CS@athensservices.com.

Copyright (C) 2022 Athens Services. All Rights Reserved. Website designed & developed by 789, Inc.

SB 1383 Dashboard

TERMS OF USE

Effective Date: July 29, 2022

PLEASE READ THIS AGREEMENT CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE DASHBOARD AND ANY CONTENT MADE AVAILABLE THROUGH THE DASHBOARD.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Introduction

Welcome! You have arrived at a service that is provided by Arakelian Enterprises, Inc., d/b/a Athens Services (“Company or “we,” “our” or “us”).  These Terms of Use (“Terms”) govern use of our SB 1383 Dashboard by you and any governmental authority, entity or corporation that you may work for or with and that you are accessing on their behalf (collectively, “you”), and also applies to your use of all data, features, applications, content, downloads and other services that we make available through the SB 1383 Dashboard and/or that post a link to these Terms (collectively, referred to herein as the “Dashboard”).  

If You Want to Use This Dashboard,

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 Dashboard (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.  Therefore, do not use the Dashboard if you do not agree.

The business realities associated with operating the Dashboard 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 – Company would not make the Dashboard 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 will apply to your use of the Dashboard or to a service or product offered via the Dashboard (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

Table of Contents

It is important that you read and understand these entire Terms before using the Dashboard.  

1. Dashboard Content, Ownership, Limited License and Rights 

The Content available on the Dashboard is considered the confidential, trade secret, or proprietary information of Company and we only grant you a limited, revocable license to use the Dashboard for your own non-commercial, internal business use subject to rules and limitations. 

2. Dashboard and Content Use Restrictions 

Your use is subject to our rules. 

3. Feedback You Submit 

You grant us a broad license, which we may sublicense, to the content or feedback you submit, which you represent you have the right to allow us to use. 

4. Accounts 

You may have the opportunity to open, revise and close your accounts, subject to certain rules.  

5. Notices and Questions 

You agree that we may provide you notices, including notices of new terms and conditions, by posting notice on the home page of the Dashboard or by other reasonable means, such as to the email you provided.  

6. Dispute Resolution

You agree to arbitrate disputes, subject to applicable law, and waive jury trial and class actions. 

7. Disclaimer of Representations and Warranties 

We disclaim most warranties and provide the Dashboard “As Is”.  

8. Limitations of our Liability 

Our liability is greatly limited.  

9. Waiver of Injunctive or Other Equitable Relief

You waive equitable or injunctive relief. 

10. Updates to Terms

These Terms and Additional Terms posted on the Dashboard at each time of use apply to that use, and the Terms may be prospectively updated as our Dashboard evolves.  Posting of new terms on the Dashboard is notice to you thereof.  

11. General Provisions 

You agree to various other terms and conditions.  

Full Details of Terms and Conditions

1. Dashboard Content, Ownership, Limited License and Rights

A. Content.  The Dashboard contains a variety of: (i) materials and other items relating to Company, Company’s services, and similar items from our licensors and other third parties, including all data, layout, resources, information, articles, posts, text, 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 Dashboard, and the compilation, assembly, and arrangement of the materials of the Dashboard 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 Company (collectively,  “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).  

B. Ownership.  The Dashboard (including past, present and future versions) and the Content available thereon are owned or controlled by Company and our licensors and certain other third parties.  All right, title, and interest in and to the Content available via the Dashboard is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws, and open records laws (including, but not limited to, California Public Records Act and the Federal of Information Act), to the fullest extent possible.  Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Dashboard.  You acknowledge that the license(s) granted under these Terms pursuant to Section 1(C) below do not provide you with title to or ownership of the Dashboard or Content, but only a right of limited use under the terms and conditions of these Terms.  Except for the rights expressly granted herein, no other rights are granted to you with respect to the Dashboard and Content and all right, title and interest in the Dashboard and Content shall at all times remain the property of Company or Company’s licensors.  Company and its licensors reserve all rights not expressly granted in this Agreement.  You acknowledge that the Content is confidential and proprietary and you agree not to disclose or otherwise make available any of the Content in any form to any third party without Company’s prior written approval.  You agree to safeguard the Content using the same degree of care which you protect the confidentiality of your own confidential information, but in no event less than a reasonable degree of care.  Without limiting the generality of the foregoing, you will ensure that the Content is only accessed by the minimum number of employees who have a need to access it to enable it to perform their obligations and who are bound in writing by obligations of confidentiality sufficient to protect the Content in accordance with the terms hereof.  You agree to use the Content only as necessary to exercise your limited rights under these Terms and in a manner which preserves the confidentiality of the Content.  To the extent Content is requested pursuant to any open records laws, you shall immediately notify Company of any third party request to review or copy such material, at which time, Company shall have an opportunity to ensure such information is protected from disclosure, through redactions or if you determine that such information must be disclosed under such laws, you shall provide three (3) days’ notice to Company in which event Company may seek a court order enjoining that release.

C. Limited License.  Subject to your strict compliance with these Terms and the Additional Terms, Company 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 (1) copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your non-commercial, internal business use only and agree the Content may not be otherwise used, published or redistributed without the prior written consent of Company.  The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability.  In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.  You agree to irretrievably destroy the Content upon written request (email to suffice) of Company.

D. Rights.  When using the Dashboard, you must respect the intellectual property and other rights of Company and others.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  You understand that you will be liable for any breach of the obligations of confidentiality and restriction on use contained herein by you or your respective affiliates, employees, officers, directors, agents, representatives and independent contractors.  You shall notify Company immediately upon discovery of any unauthorized use or disclosure of Content or any breach of this Agreement by You or your representatives and will cooperate with Company in every reasonable way to help Company regain possession of the Content and prevent its further unauthorized use.  You shall not do anything, nor assist or encourage any third party to do anything, with the intent or effect of circumventing Company’s rights under these Terms.  You agree that that any breach or anticipatory breach of these Terms would cause Company irreparable harm such that money damages alone would not be a sufficient money damages would not be a sufficient remedy for breach of the confidentiality and other obligations of these Terms.  Accordingly, you agree that in an action for equitable remedies under this Agreement, Company shall not be required to prove the inadequacy or insufficiency of monetary damages or irreparable harm.  You further agree to waive any requirement for a bond or other security in connection with any such injunctive or other equitable relief.

2. Dashboard and Content Use Restrictions

A. Dashboard Use Restrictions.  You agree that you will not: (i) use the Dashboard for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Dashboard that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Company; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Dashboard source or object code or any software or other products, services, or processes accessible through any portion of the Dashboard; (v) engage in any activity that interferes with a user’s access to the Dashboard or the proper operation of the Dashboard, or otherwise causes harm to the Dashboard, Company, or other users of the Dashboard; (vi) interfere with or circumvent any security feature of the Dashboard or any feature that restricts or enforces limitations on use of or access to the Dashboard or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Dashboard, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Dashboard, other computer systems or networks connected to the Dashboard, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.

B. Content Use Restrictions.  You also agree that, in using the Dashboard: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Dashboard by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms, or as required by applicable law, or with the prior written consent of an officer of Company or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience. 

C. Availability of Dashboard and Content.  Company may immediately suspend or terminate the availability of the Dashboard and Content (and any elements and features of them), in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability.  

D. Reservation of All Rights Not Granted as to Content and Dashboard.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Dashboard.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by Company and its licensors and other third parties.  Any unauthorized use of any Content or the Dashboard for any purpose is prohibited.

3. Feedback You Submit

A. General.  Company may now or in the future offer users of the Dashboard the opportunity to upload, display, publish, distribute, transmit or otherwise make available on or submit through the Dashboard, messages, text, files, comments, responses, information, content, results, reviews, suggestions or other information or materials and the ideas contained therein (collectively, “Feedback”).  Company may allow you to do this through contact us, email, and other communications functionality.  Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your Feedback and you remain ultimately responsible for it.

B. Non-Confidentiality of Your Feedback.  Except as otherwise described in the Dashboard’s posted Privacy Policy or any Additional Terms, you agree that: (a) your Feedback will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Company does not assume any obligation of any kind to you or any third party with respect to your Feedback.  Upon Company’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms.  You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of Feedback may not be secure, and you will consider this before submitting any Feedback and do so at your own risk.  In your communications with Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, waste collection, products or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you post on or send to us via the Dashboard are deemed Feedback and licensed to us as set forth below.  In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Company’s receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. 

C. License to Company of Your Feedback.  Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your Feedback), you hereby grant to Company, and you agree to grant to Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Feedback (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Feedback and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Feedback for any purposes whatsoever, including developing, producing, and marketing products and/or services.  In order to further effect the rights and license that you grant to Company to your Feedback, you also hereby grant to Company, and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Feedback, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3(C).

4. Accounts 

In order to access or use some (or potentially all) of the features on the Dashboard, you may be required to first register for a user account through our registration process that we make available through the Service.  The Dashboard’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy.  If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.  We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.  If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account.  We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

5. Notices and Questions

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Dashboard, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you.  You agree to promptly notify us if you change your email or mailing address.  

If you have a question regarding using the Dashboard, you may contact us here.

6. Dispute Resolution 

Certain portions of this Section 6 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and Company agree that we intend that this Section 6 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 6 can 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 Dashboard, the Content, your Feedback, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Company’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 6(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such contact information exists or if such information is not current, then we have no obligation under this Section 6(A).  Your notice to us must be sent to: Athens Services, 14048 E. Valley Blvd., City of Industry, CA 91746 (Attn: Legal Department).  For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Company to resolve the Dispute or Excluded Dispute on terms with respect to which you and Company, in each of our sole discretion, are not comfortable. 

B. Binding ArbitrationIf we cannot resolve a Dispute as set forth in Section 6(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.  THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE DASHBOARD (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS.  The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between COMPANY and you regarding these Terms (and any Additional Terms) and the Dashboard, including the No Class Action Matters section below.  BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.   

A Dispute will be resolved solely by binding arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”), in accordance with the then-current streamlined Arbitration Rules and Procedures (“Rules”) of, or by any other arbitration administration service that you and an officer or legal representative of Company consent to in writing.  If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.  You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable Rules; but if applicable Rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration.  The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.  Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. 

C. Limited Time to File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 6(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.  Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 6(A); (b) filing for arbitration with JAMS as set forth in Section 6(B); or (c) filing an action in state or Federal court.  The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.

D. Injunctive Relief.  The foregoing provisions of this Section 6 will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Dashboard, any Content, your Feedback and/or Company’s intellectual property rights (including such Company may claim that may be in dispute), Company’s operations, and/or Company’s products or services.  

E. No Class Action Matters.  YOU AND COMPANY 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 AS AN ASSOCIATION.  Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 6(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 6(F).  Notwithstanding any other provision of this Section 6, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator.  The arbitrator does not have the power to vary these class action waiver provisions.

F. Federal and State Courts in Los Angeles, California.  Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles, California.  Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.

G. Small Claims Matters Are Excluded from Arbitration Requirement.  Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE DASHBOARD IS AT YOUR SOLE RISK.  THE DASHBOARD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  Therefore, to the fullest extent permissible by law, Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: 

(a) the Dashboard (including the Content and the Feedback); 

(b) the functions, features, or any other elements on, or made accessible through, the Dashboard; 

(c) any products, services, or instructions offered or referenced at or linked through the Dashboard; 

(d) security associated with the transmission of your Feedback transmitted to Company via the Dashboard; 

(e) whether the Dashboard or the servers that make the Dashboard available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);

(f) whether the information (including any instructions) on the Dashboard is accurate, complete, correct, adequate, useful, timely, or reliable;

(g) whether any defects to or errors on the Dashboard will be repaired or corrected; 

(h) whether your access to the Dashboard will be uninterrupted; 

(i) whether the Dashboard will be available at any particular time or location; and

(j) whether your use of the Dashboard is lawful in any particular jurisdiction.  

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. 

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

8. LIMITATIONS OF OUR LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY COMPANY 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 Dashboard (including the Content and the Feedback); 

(b) your use of or inability to use the Dashboard, or the performance of the Dashboard; 

(c) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Dashboard;

(d) any action taken in connection with copyright or other intellectual property owners or other rights owners; 

(e) any errors or omissions in the Dashboard’s technical operation; or 

(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Dashboard).  

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.  

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE DASHBOARD AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  

9. Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DASHBOARD, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DASHBOARD, WEBSITE, APPLICATION, CONTENT, FEEDBACK, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY (INCLUDING YOUR LICENSED FEEDBACK) OR A LICENSOR OF COMPANY.

10. Updates to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use).  AS OUR DASHBOARD EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE DASHBOARD MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE DASHBOARD UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.  ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE DASHBOARD YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE DASHBOARD (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE DASHBOARD AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Dashboard (at least prior to each transaction or submission).  The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Dashboard will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.  In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice.  You can reject any new, revised or Additional Terms by discontinuing use of the Dashboard and related services.

11. General Provisions

A. Company’s Consent or Approval.  As to any provision in these Terms or any Additional Terms that grants Company a right of consent or approval, or permits Company to exercise a right in its “sole discretion,” Company may exercise that right in its sole and absolute discretion.  No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.  

B. Applicable Law.  These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.

C. Indemnity.  You agree to, and you hereby, defend, indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your breach of the confidentiality obligations with respect to the Content; (ii) your use of the Dashboard and your activities in connection with the Dashboard; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Dashboard or your activities in connection with the Dashboard; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties’ use of the information that you submit to us (including your Feedback) (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by Company Parties in the defense of any Claim and Losses.  Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Party.

D. Operation of Dashboard; Availability of Products and Services; International Issues.  Company controls and operates the Dashboard from its U.S.-based offices in the U.S.A., and Company makes no representation that the Dashboard is appropriate or available for use beyond the U.S.A.  If you use the Dashboard from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.  The Dashboard may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide.  We reserve the right to limit the availability of the Dashboard and/or the provision of any content, program, product, service, or other feature described or available on the Dashboard to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.  You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

E. Export Controls.  Software related to or made available by the Dashboard may be subject to export controls of the U.S.A.  No software from the Dashboard may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses).  You are responsible for complying with all trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.

F. Severability; Interpretation.  If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect).  To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.

G. Communications.  When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically.  Please note that we are not obligated to respond to inquiries that we receive.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

H. Investigations; Cooperation with Law Enforcement; Termination; Survival.  Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Dashboard security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Dashboard, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to Company under these Terms or any Additional Terms.  Upon suspension or termination of your access to the Dashboard, or upon notice from Company, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Dashboard.  The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

I. Assignment.  Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.  

J. No Waiver.  Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.  

K. Connectivity.  You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Dashboard and you will be responsible for all charges related to them.

Please read through the Terms and Conditions before Signing In.

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