Privacy Policy

Youngevity™ Essential Life Sciences respects the privacy needs and concerns of our Associates and Customers. To earn your trust, we place great importance on how we handle any personal information, such as your name, email address, or phone number, that you provide via any of our Internet Web Sites (“Site”) or our Customer Service Call Center.

This Statement describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it.

By using this Site, you agree, without limitation or qualification, to be bound by this Privacy Policy. When you provide Personal Information to our Web sites or Customer Service Call Center, you are consenting to the manner in which the Company will collect, use, disclose, and otherwise manage your Personal Information, as described below.

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience. Your information helps us to better respond to your individual needs.

To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.

To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.

To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent.

To administer a promotion, survey or other site feature.

To send periodic emails. We may periodically send marketing and promotional materials regarding new products, learning opportunities and special events. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting Customer Service.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens’ Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

support@youngevity.com

800-982-3189

www.youngevity.com

2400 Boswell Road

Chula Vista, CA 91914

USA

Terms of Service

• Introduction. Welcome to Snap2Finish.com by Youngevity International, Inc. wholly owned subsidiary of AL Global Corporation, d.b.a. Youngevity® (“S2F” or “Company”)!

  1.1.	Effective Date.The effective date of this Privacy Policy is December 9, 2016.
  1.2.	Agreement.Company recommends that you read the following terms and conditions carefully. By accessing or using the S2F website, the S2F Service, including any software, plug-ins, mobile applications or merchandise made available by or purchased through S2F (together, the "Website" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). We encourage you to print the Agreement or save it to your computer for reference.
  1.3.	Separate Privacy Policy.By using the Service, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and S2F LLC's Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available at here.
  1.4.	No Permission Without Agreement.If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Service, and you must immediately cease accessing or using the Service.
  1.5.	Arbitration and RemediesThese terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 24 (Dispute Resolution) for full details.

• Privacy Policy. By using the Service, you consent to the collection and use of certain information about you, as specified in the Privacy Policy discussed in Section 1.3 (Separate Privacy Policy). S2F encourages users of the Service to frequently check the Privacy Policy for changes.
• Changes to Agreement and Privacy Policy.Internet technology and the applicable laws, rules, and regulations change frequently. S2F reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing Service. Unless S2F obtains your express consent, any revised Privacy Policy will apply only to information collected by S2F after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.
• Eligibility.

  4.1.	By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are either (1) at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law or (2) between the ages of 13 and 18 and have submitted a signed parental and/or guardian consent form to S2F.
  4.2.	Corporate Use.If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

• Technology Platform. Without limitation, you agree that S2F is merely a technology platform, and that you use the Service at your own risk and pursuant to Section 9 (Assumption of Risk; Release).
• License. Subject to your compliance with these Terms of Service, S2F grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website, and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of S2F. All rights not expressly granted in this Agreement are reserved by S2F. Without limitation, this Agreement grants you no rights to the intellectual property of S2F or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of S2F, you have breached any provision of this Agreement.
• Software Updates. S2F reserves the right, in its sole discretion, to update, modify, or remove the features, functionality, or other aspects of its Website and Service at any time.
• No Reliance on Third Party Content.Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. S2F does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will S2F be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
• Assumption of Risk; Release.You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
• User Account, Accuracy, and Security.

  10.1.	User Account.To use the Service, you must register and create a user account ("Account"). During the Account creation process, you will be asked to provide information that personally identifies you ("Personal Information").
  10.2.	Profile Viewable By Members.All users of the Service have Profiles, which include some of the Personal Information provided during Account registration. In some circumstances, such as a forum for users of the Service, these Profiles may be accessible by other members who have registered with the Service, created Accounts, and connected with each other. However, S2F cannot guarantee that the Personal Information in your Profile will remain private to registered users of the Service.
  10.3.	Account Information Accuracy.You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is not your likeness, or provide inaccurate information about certifications. If S2F believes in its sole discretion that the information you provide is not current, complete, or accurate, S2F has the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both. For additional information, see the Section concerning "User Ability to Access, Update, and Correct Personal Information" in S2F's Privacy Policy.
  10.4.	No Pseudonyms.You must use your real name on S2F; pseudonyms are not allowed. Any use of a pseudonym violates Section 10.3 (Account Information Accuracy) and is cause for suspension or deletion of your Account.
  10.5.	Account Security.You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify S2F immediately of any unauthorized use of your Account. S2F shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by S2F, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

• Interactions with Other Users.Certain parts of the Website or Service may facilitate communication between S2F users, such as a blog, forum, reviews, or comments section. You are solely responsible for your interactions with other S2F users. You acknowledge and understand that S2F has not, and does not, in any way guarantee that it will: (a) screen its users; (b) inquire into the backgrounds of its users; or (c) review or verify the statements of its users. You agree to exercise reasonable caution in all interactions with other users, particularly if you decide to meet another user in person. S2F does not represent, warrant, endorse, or guarantee the conduct of its users. In no event shall S2F be liable for indirect, special, incidental, or consequential damages arising out of or relating to any user's conduct in connection with such user's use of the Service, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or any other damages resulting from communications or meetings between users.
• Consent to Receive Electronic Communications from Company. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from S2F, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to unsubscribe@snap2finish.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
• Fees.

  13.1.	Credit Card Information.If you wish to purchase any product or service made available through the Services (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, the 3-digit security code for your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
  13.2.	Reservation of Rights.Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); (iv) refuse to provide any user with any product or service; (v) change the fees and charges in effect, or to add new fees and charges, by posting such changes or providing notice to you.
  13.3.	Payment.You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
  13.4.	No Refunds or Exchanges.Due to the unique nature of each product created by you using the Service, and Company’s inability to resell the same, all fees and charges are nonrefundable.

• Subscriptions. From time to time, Company may make certain products and services available through the Service on a subscription-payment basis (each a "Subscription"). The terms of this Section 14 apply to any Subscriptions purchased by you.

  14.1.	Automatic Billing.If your Subscription plan provides for Automatic Billing, you understand and agree that Company will bill your Subscription fees automatically to the payment method (e.g., credit card) you designate when signing up.
  14.2.	Automatic Renewal.Unless you cancel your Subscription, your Subscription will renew automatically at the end of its term. For example, if your Subscription requires payment on the 1st day of every month, your credit card will continue to be charged every month according to your Subscription plan until you cancel your Subscription pursuant to Section 14.3 below.
  14.3.	Cancellation.
  	14.3.1. How to Cancel. To cancel your Subscription, you must either (1) log into the Website with your Account and modify or cancel the Subscription, or (2) email Company at 14.3.2. Effect of Cancellation. Once your cancellation is confirmed by Company, your Subscription will be terminated. If your pre-cancellation billing period was paid up, then Company will not bill you further, but Company will not refund you for any remainder of that term.

• Third Party Websites.The Service may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with S2F and some of whom may not. S2F does not have control over the content and performance of Third Party Websites. S2F has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, S2F does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. S2F disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
• User Content.

  16.1.	User Content Defined."User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos, videos, images, or illustrations uploaded by you for use on any product purchased through the Service.
  16.2.	You Own Your User Content.S2F does not claim ownership of any User Content. You retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to your User Content. As such, S2F requires the following license from you to, for example, authorize S2F to apply your photos, images, and other content to products purchased through the Service.
  16.3.	License of User Content.By submitting, uploading, or posting User Content in any form with, through, or to the Service, you grant the Company Parties a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable (as set forth in Section 6 (License) of this Agreement), assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Service, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that the Company Parties may publish or otherwise disclose your personal information in connection with their exercise of the license granted under this section. You agree to waive, and waive, any claims arising from or relating to the exercise by the Company Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
  16.4.	Your Representations About User Content.You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the Company Parties under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with S2F's prohibitions against Objectionable Content, as detailed in Section 18 (Objectionable Content).
  16.5.	Company's Right to Reject User Content.S2F reserves the right, in its sole discretion, to reject any User Content for any reason. The categories specified in Section 18 (Objectionable Content) and Section 19 (Prohibited Uses) are not exhaustive lists of content that S2F reserves the right to remove or deny.

• Your Responsibility for Defamatory Comments.

  17.1.

  You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Service that is deemed defamatory or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, S2F is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Service.

  17.2.

  If you raise or file any claim against S2F for conduct that a Court of Competent Jurisdiction later finds to constitute an "exercise of a publisher's traditional editorial functions," or the legal equivalent, you agree to fully and immediately compensate S2F for all losses, liability, damages, costs, and expenses, including without limitation all attorneys' fees and expenses in defending the action and resolving the matter. If you fail to compensate S2F for any such claim, you agree and authorize S2F to report your Personal Information, including without limitation your unpaid claim, to consumer credit reporting services, collection agencies, and others.

• Objectionable Content. You agree that you shall not use the Service to upload, post, transmit, display, perform, or distribute any content, information, or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other S2F agreement or policy, including without limitation S2F's Privacy Policy; (i) disclose another's personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); or (m) are generally offensive, rude, mean-spirited, or in bad taste, as determined by S2F in its sole discretion (collectively, "Objectionable Content"). S2F disclaims any perceived, implied, or actual duty to monitor content made available through the Service, and specifically disclaims any responsibility or liability for information provided on the Service. Without limiting any of its other remedies, S2F reserves the right to terminate your use of the Service, terminate your uploading, posting, transmission, display, performance, or distribution of Objectionable Content, and/or cancel any Transaction for a product including Objectionable Content. S2F, in its sole discretion, may delete any Objectionable Content from its servers. S2F intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
• Prohibited Uses.S2F imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:

  19.1.	harassing or stalking any person, or contacting any person who has requested not to be contacted
  19.2.	providing false, misleading, or inaccurate information to S2F or any other person in connection with the Service
  19.3.	impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity
  19.4.	modifying or changing the placement and location of any advertisement posted through the Service
  19.5.	harvesting or otherwise collecting information about users, including email addresses and phone numbers
  19.6.	without express written permission from S2F, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites
  19.7.	accessing content or data not intended for you, or logging into a server or account that you are not authorized to access
  19.8.	attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization
  19.9.	interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities
  19.10.	using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services
  19.11.	forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
  19.12.	while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising
  19.13.	attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable
  19.14.	creating additional accounts to promote your (or another's) business, or causing others to do so, and
  19.15.	paying anyone for interactions on the Service.

• Intellectual Property.

  20.1.	Compliance with Law.
  	20.1.1. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
  	20.1.2. You represent and warrant that you are the sole and exclusive owner of any User Content that you submit through the Service. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the Service. S2F users bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights.
  20.2.	Trademarks.S2F, Snap2Finish, and the associated logos (collectively, the "Company Marks") are trademarks or registered trademarks of S2F. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of S2F, and you agree to assign, and do assign, all such goodwill to S2F. You shall not at any time, nor shall you assist others to, challenge S2F's right, title, or interest in, or the validity of, the Company Marks.
  20.3.	Copyrighted Materials; Copyright Notice.All content and other materials available through the Service, including without limitation the S2F logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by S2F or are the property of S2F's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
  20.4.	DMCA Policy.
  	20.4.1. As S2F asks others to respect S2F's intellectual property rights, S2F respects the intellectual property rights of others. S2F follows the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA").
  	20.4.2. If you believe content located on or linked to by the Service violates your copyright, please immediately notify S2F by emailed DMCA takedown notice ("Infringement Notice"), providing the information described below. If S2F takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to S2F.
  	20.4.3. Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. (See 17 U.S.C. Section 107, available at https://www.law.cornell.edu/uscode/text/17/107, and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015), available at https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/.) If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.
  	20.4.4. The DMCA requires that all Infringement Notices must include the following: A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; An identification of the copyright claimed to have been infringed; A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit S2F to find and positively identify that material; Your name, address, telephone number, and email address; and A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
  	20.4.5. Infringement Notices should be sent to copyright@snap2finish.com with the subject line "DMCA Notice: (INSERT YOUR NAME OR YOUR COMPANY'S NAME)".
  	20.4.6. S2F will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
  	20.4.7.Disclosure. All received Infringement Notices may be posted in full to the Lumen database (https://lumendatabase.org/), previously known as the Chilling Effects Clearinghouse.

• Disclaimers; Limitation of Liability.

  21.1.	No Warranties.S2F, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither S2F nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. S2F disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. S2F shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of S2F, Company Parties, or S2F users, or their agents or representatives.
  21.2.	Your Responsibility for Loss or Damage; Backup of Data. .
  	21.2.1.You agree that your use of the Service is at your sole risk. You will not hold S2F or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
  	21.2.2.Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
  21.3.	Limitation of LiabilityIn no event shall S2F or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to S2F or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between S2F and you. The Service would not be provided without such limitations.
  21.4.	Application of DisclaimersThe above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and S2F or between you and any of S2F's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. S2F's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

• Your Representations and Warranties.You represent and warrant that your use of the Service will be in accordance with this Agreement and any other S2F policies, and with any applicable laws or regulations.
• Indemnity by You.

  23.1.	Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless S2F and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to S2F, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and S2F, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to S2F or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
  23.2.	The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
  23.3.	Without limitation, the Indemnitor also agrees to compensate S2F for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 19 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.

• Dispute Resolution.

  24.1.	Binding Arbitration.
  	24.1.1. If you and S2F cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
  	24.1.2. If you and S2F cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
  	24.1.3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
  	24.1.4. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, S2F will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse S2F for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. S2F may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
  24.2.	Restrictions Against Joinder of Claims.
  	24.2.1. You and S2F agree that any arbitration shall be limited to each Claim individually. You and S2F agree that each may only bring claims against the other in your or S2F's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  	24.2.2. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
  24.3.	Remedies in Aid of Arbitration; Equitable Relief.This agreement to arbitrate will not preclude you or S2F from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or S2F from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.
  24.4.	Venue for any Judicial Proceeding.
  	24.4.1.This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
  	24.4.2. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

• Termination.

  25.1.	By Company.Without limiting any other provision of this Agreement, S2F reserves the right to, in S2F's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
  25.2.	Automatic Termination Upon Breach by You.This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by S2F.
  25.3.	By You.You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to S2F notice of your intention to do so, in the manner required by Section 26 (Notices).
  25.4.	Effect of Termination.
  	25.4.1.TAny termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, S2F may, but has no obligation to, in S2F's sole discretion, rescind any services and/or delete from S2F's systems all your Personal Information and any other files or information that you made available to S2F or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
  	25.4.2.After termination, S2F reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
  25.5.	Legal Action.If S2F, in S2F's discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, S2F will be entitled to recover from you as part of such legal action, and you agree to pay, S2F's reasonable costs and attorneys' fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
  25.6.	Survival.Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Section 1.2 (Agreement), Section 2 (Privacy Policy), Section 4 (Eligibility), Section 6 (License), Section 8 (No Reliance on Third Party Content), Section 9 (Assumption of Risk; Release), Section 10 (User Account, Accuracy, and Security), Section 15 (Third Party Websites), Section 16 (User Content), Section 17 (Your Responsibility for Defamatory Comments), Section 18 (Objectionable Content), Section 19 (Prohibited Uses), Section 20 (Intellectual Property), Section 21 (Disclaimers; Limitation of Liability), Section 22 (Your Representations and Warranties), Section 23 (Indemnity by You), Section 24 (Dispute Resolution), Section 25 (Termination), Section 26 (Notices), and Section 27 (General).

• Notices. All notices required or permitted to be given under this Agreement must be in writing.

  26.1.	S2F shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to S2F. You agree that any notice received from S2F electronically satisfies any legal requirement that such notice be in writing.
  26.2.	You bear the sole responsibility of ensuring that your email address on file with S2F is accurate and current, and notice to you shall be deemed effective upon the sending by S2F of an email to that address.
  26.3.	You shall give any notice to S2F by email to notices@snap2finish.com.

• General.

  27.1.	Entire Agreement.This Agreement constitutes the entire agreement between S2F and you concerning your use of the Service.
  27.2.	Partial Invalidity.Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
  27.3.	Amendments.This Agreement may only be modified by a written amendment signed by an authorized executive of S2F, or by the unilateral amendment of this Agreement by S2F along with the posting by S2F of that amended version.
  27.4.	No Waiver.A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
  27.5.	Assignment.This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of S2F. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
  27.6.	Independent Contractors.You and S2F are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
  27.7.	No Third Party Beneficiaries.here are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; S2F's licensors and suppliers (to the extent expressly stated in this Agreement); and to the extent stated in the following Sections: Section 8 (No Reliance on Third Party Content), Section 15 (Third Party Websites), and Section 21.4 (Application of Disclaimers).
  27.8.	Injunctive Relief.You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to S2F and S2F's licensors and suppliers, and would therefore entitle S2F or S2F's licensors or suppliers, as the case may be, to injunctive relief.
  27.9.	Headings.The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.