Terms of Service
Throttle Play, LLC
Last Modified Date: September, 2025
These Terms of Service (“Terms”) apply to ThrottlePlay.com and its affiliated subdomains (the “Site”) and our various websites, APIs, browser extensions, email notifications, documentation, software, products, licenses or applications (collectively, the “Service”) that is owned and operated by Throttle Play, LLC, a Delaware limited liability company (“we”, “our”, or “us”). For information about the Service, please visit ThrottlePlay.com. These Terms govern your use, access, and other related interactions with the Service, and its related applications; and any links , whether owned or operated by us or third parties, including without limitation our Site and its related applications accessible from such Site.
Please read these Terms carefully and completely before using the Service. By accessing and using the Service you expressly agree to be bound by these Terms just as if you had signed an agreement with the Terms. We reserve the right to change these Terms at any time by posting the revised Terms on our Service. Your continued use of the Service represents your agreement to the revised Terms. We urge you to review our Terms in each instance that you use our Service. IF YOU DO NOT AGREE TO ANY OF THE TERMS, THEN YOU MAY NOT ACCESS AND MUST IMMEDIATELY STOP USING AND ACCESSING OUR SERVICE.
THESE 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.
These Terms cover the following topics:
- Minimum Age Requirement
- Beta Products
- AI Generated Content
- Use of Service; Changes
- Ownership of Service
- Privacy
- Links to other Websites
- Links to our Site
- Warranty Disclaimer
- Limitation of liability
- Indemnification
- User Submissions
- The Digital Millenium Copyright Act
- Non-Export
- Communication Consent
- Applicable Law
- Dispute Resolution
- Term and Termination
- Miscellaneous
MINIMUM AGE REQUIREMENT
Our Service is not intended for children under 18 years of age. If you are under 18, do not use, provide, or submit any information to our Site or the Service, including email addresses, names, or other personal information, unless you have authority under state law to provide consent to your use, provision, or submittal of personal information without a parent or guardian. If you believe we might have information from or about a child, please contact us at info@throttleplay.com (our “Designated Contact”).
BETA PRODUCTS
We are releasing products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.
AI-GENERATED CONTENT
Features from our Service use artificial intelligence (“AI”) technologies to process audio, video, and related materials on which the Service if overlayed. AI-generated outputs may contain inaccuracies, errors, or omissions, and may not fully capture the original content. The Service is intended to assist users in learning from and engaging with publicly available video content. It is designed as an educational and assistive tool, not as a substitute for viewing or accessing the original content. Users should not rely on AI-generated outputs as a replacement for the underlying video.
You understand and agree that: (1) portions of transcripts, summaries, and quizzes are created through automated AI systems, not exclusively by human review; (2) AI-generated outputs are provided for convenience and informational purposes only, such that we make no guarantees as to their accuracy, completeness, or suitability for your particular use case; (3) you are solely responsible for reviewing and verifying the accuracy of AI-generated transcripts and quizzes before relying on them in professional, academic, legal, medical, or other contexts where precision is critical, (4) the AI-generated content is not a substitute for professional transcription services or expert advice, and (5) by uploading materials, you consent to their processing by automated systems (and, where applicable, trusted third-party AI providers) for the purposes of generating transcripts and quizzes. We do not use your content to train AI models beyond what is necessary to provide the Service, unless you provide separate consent.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE IN CONNECTION WITH THIRD-PARTY VIDEO CONTENT (INCLUDING BUT NOT LIMITED TO YOUTUBE, VIMEO, OR SIMILAR SERVICES) DOES NOT VIOLATE COPYRIGHT LAW, PLATFORM TERMS OF SERVICE, OR ANY APPLICABLE LAWS. WE DISCLAIM ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICE IN A MANNER THAT CONFLICTS WITH SUCH OBLIGATIONS.
FACE TRACKING TECHNOLOGY
Certain features of the Service may use face tracking technology. These features operate in real-time and do not capture, store, retain, or transmit facial images, biometric identifiers, or biometric information. By using these features, you consent to such real-time processing.
ACCOUNT ENROLLMENT
Certain features of our Service require you to register an account with us (“Account”) before you can use some or all of our Service. You are the sole person responsible for the information you submit to us, and you warrant this information is accurate, complete, and does not contain any misrepresentations or fraudulent information. We reserve the right to refuse service or terminate accounts for any reason, in our sole discretion without prior notice.
You agree not to create more than one Account or create an Account for anyone other than yourself. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep your information current and updated. You must hold and maintain the credentials you use to access the Account (“Account Credentials”) in strict confidence. You are liable for any breach of security caused by your failure to hold and maintain your Account Credentials in strict confidence. You must notify us immediately if you lose your Account Credentials or if you believe they have been stolen or compromised in any way. We are not liable for any loss or damages arising from your failure to maintain your Account Credentials in strict confidence. You may be required to agree to additional terms to use certain features of our Service.
PAYMENTS
We utilize one or more third-party credit card processors to collect your credit card and related personal information and to process your payment on our behalf. If we require you to pay for your use of any part of the Service, the payment authorization terms in this paragraph will apply to your payment. To make a payment to us, you must first register for an Account and provide us with a valid credit card number, expiration date, and card security code that belongs to you. You agree to pay all fees and charges associated with your Account on a timely basis. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information that is registered under your Account. You understand that prices to access any part of our Service may be changed from time to time in our sole discretion.
You represent and warrant that if you are making online payments that (i) any credit card, debit card, or bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, (iv) you are the person in whose name the card was issued, and (v) you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
USE OF SERVICE; CHANGES
The Service is provided solely as an assistive and educational aid to supplement your understanding of the original video content. The Service is not intended to replace or replicate the original video and should not be used as a substitute for watching or otherwise accessing such content.
The information, transcripts, bookmarks, quizzes, content, materials, photographs, images, graphics, text, data, and other types or forms of material or information or other outputs (collectively, the “Service Content”) arising in connection with your use of, or otherwise made available, from or through our Service are provided exclusively as an assistive and educational aid to supplement your understanding of the original video content. We are in no way responsible for the accuracy or the adequacy of Service Content. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Service Content (and only the Service Content), subject to the restrictions provided in these Terms.
You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to, or frame in another website, use on any other website, sublicense, enable any timesharing or service bureau use of the Service, or charge others for the use of the Service, including without limitation any "screen scraping" and "data mining." Unless the following restrictions are prohibited by law, you agree not to reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Service or the Service Content, or otherwise attempt to do so, or assist anyone in doing so. You may not use the Service in any manner inconsistent with these Terms, and you must comply with these Terms in all respects.
While we endeavor to maintain up-to-date Service Content, we neither assume any legal responsibility nor warrant the accuracy or completeness of any Service Content.
We reserve the right to change, revise, update, suspend, discontinue, cancel any hyperlinks on, or otherwise modify all or any portion of Service or Service Content in our sole and absolute discretion, without notice to you. We will not be liable to you for any reason whatsoever if for any reason all or part of the Service is unavailable at any point in time or during any period of time.
While you have the right to access, download, or print any Service Content for your non-commercial use only, you agree not to (a) change or delete any copyright or proprietary notice on any Service Content that you download or print, (b) create compilations or derivative works of any Service Content, or (c) use Service or Service Content in any manner that may infringe any copyright or intellectual property right of any legal entity or individual. You may not copy, republish, display, resell, redistribute, broadcast, transmit, rent, lease, loan, or otherwise transfer Service Content or use Service Content in a searchable, machine-readable database or file. You must use the Service and Service Content for lawful purposes only. You will not post or transmit any information through the Service that (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable, or (3) is protected by copyright, trademark, or other proprietary right without the express permission of the owner of such right. You may only access Service in a manner that complies with all applicable laws. We reserve the right to terminate your access to the Service if you violate these Terms or for any reason whatever.
OWNERSHIP OF WEBSITE
We own all right, title, and interest in, to, and under, or otherwise have the right to use, the Service and Service Content, including but not limited to the copyrighted material, trademarks, service marks, trade dress, and other proprietary content on the Service. The entire selection, coordination, arrangement, and "look and feel" of the Service and Service Content are copyrighted as a collective work (collectively, "Intellectual Property Rights"). We expressly reserve all rights in, to, and under all Service Content. You agree not to use any Service Content for any purpose other than as expressly permitted in these Terms. Nothing in in these Terms may be construed as our grant of a license or right in, to, or under any Intellectual Property Rights, whether by implication, estoppel, or otherwise, or as transferring or assigning any ownership rights in, to, or under, the Service or Service Content to you or any third party, in each case, without our express written consent, which may be withheld in our sole and absolute discretion.
PRIVACY
Please read our Privacy Policy, incorporated by this reference into these Terms, to learn how information about you is collected, used, and disclosed. This includes details about our processing of video, audio, bookmarks, quiz results, and extension usage logs. For clarity, the Service does not store or transmit biometric identifiers or facial images when using face tracking features. Your agreement and acceptance of these Terms will be construed as your acceptance and agreement to our Privacy Policy.
LINKS TO OTHER WEBSITES
While our Service may integrate with, or contain, third party products, services, content, materials, or information, or hyperlinks (links) to one or more third-party websites from which certain third-party services, products, information, content, materials, merchandise, functionality, or other resources are made available to you (“Third Party Content”). We do not endorse or assume any responsibility for any such Third-Party Content. If you access any third-party website or service, you do so at your own risk. These Terms and our Privacy Policy do not apply to your access to or use of such sites or services. You expressly relieve us from any and all liability arising from your access to or use of any Third-Party Content. Providing Third Party Content on or through our Service must not be construed in any way as our endorsement, authorization, or sponsorship of such Third-Party Content. The Service and any related Third-Party Content is provided only for your convenience and reference. We assume no responsibility or control over the acts or the privacy policies with respect to Third Party Content. We do not make, and we expressly disclaim, any express or implied representations or warranties about such Third-Party Content, including without limitation any accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the Third-Party Content and any other information or the resources contained on or made available by such third-party website. We reserve the right to terminate such links or such access at any time. Your use of any Third-Party Content is at your own risk. You agree we are not responsible for verifying the current or continued accuracy of any Third-Party Content and we are not responsible for any errors or omissions made available via such link.
LINKS TO OUR WEBSITE
If you would like to link to our Service from your website or other medium, please contact our Designated Contact. LINKING TO OUR SERVICE WILL BE CONSTRUED AS YOUR ACCEPTANCE TO THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THE REQUIREMENTS BELOW. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT LINK OUR SERVICE. By choosing to link to our Service, you agree to the conditions below:
- No implied endorsement. Don’t suggest that we’ve partnered with you, approved you, or endorsed your content unless we’ve given you prior written permission.
- Be truthful and respectful. Don’t post false, misleading, or inaccurate information about us, and don’t do anything that could harm our reputation. You are not allowed to link our Service to any websites with illegal, offensive, obscene, defamatory, harassing, or malicious content.
- Trademarks and logos. You can’t use our name, trademarks, or logos without our written permission. You must follow all applicable laws and agree we are not responsible for your noncompliance with those laws.
- No framing or hidden displays. Don’t make our Service or its content appear inside another website (through framing, in-line linking, or similar methods)
THIRD-PARTY PLATFORM DISCLAIMER
The Service operates independently of the video platforms on which it overlays functionality. We are not affiliated with, endorsed by, or responsible for any third-party video platforms (including but not limited to YouTube, Vimeo, or similar services). Your use of the Service must comply with those platforms’ terms of service, and you are solely responsible for ensuring such compliance. Our Service is intended to be used as a supplemental, educational overlay on such platforms, and is not a substitute for watching or engaging with the original video content provided by third parties.
WARRANTY DISCLAIMER
Although we reserve the right to correct any errors, omissions, or inaccuracies, we expressly disclaim and do not accept any responsibility for the accuracy, reliability, currency, or completeness of any Service Content available on or accessible through the Service (even typographical or imaging errors). This specifically includes transcripts, quizzes, or other outputs generated by AI technologies, which may contain inaccuracies and are provided solely as educational aids and assistive tools. The Service and the Service Content should not be relied upon as a sole source of truth in professional, academic, legal, or medical contexts. Your use of and access to the Service and Service Content contained on, or otherwise made available by, the Service, is solely at your own risk. Such outputs are not a replacement for the original video, and we encourage you to consult the original source material for complete and accurate information.
WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES ARISING FROM YOUR APPLICATION, USE, OR MISUSE OF ANY SERVICE CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, OR FROM YOUR RELIANCE ON ANY SERVICE CONTENT, THIRD PARTY CONTENT, OR OTHER INFORMATION CONTAINED IN OR SUBMITTED TO OR THROUGH THE SERVICE, AND, IN EACH CASE, YOUR RISK TO INJURY FROM VIOLATING THESE TERMS RESTS ENTIRELY WITH YOU. THE SERVICE AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND “WHERE IS” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
Some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, LOSS OF DATA, OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, SERVICE CONTENT, OR THIRD PARTY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING, ACCESSING, OR USING OUR SERVICE OR SERVICE CONTENT, INCLUDING WITHOUT LIMITATION HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, OUR PRIVACY POLICY, OR OUR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.
IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE SERVICE CONTENT EXCEED $50. THIS MONETARY CAP ON LIABILITY APPLIES REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM (INCLUDING WITHOUT LIMITATION CONTRACT OR TORT).
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
INDEMNIFICATION
You agree to indemnify, defend, and hold us, our affiliates, and our respective officers, directors, employees, agents, and licensors harmless for, from, and against any and all claims or causes of action arising from or related to your use of or access to our Service or Service Content, your breach of these Terms, your violation of any federal, state or local laws, rules, or regulations including those governing privacy, security, or data protection, or your use of the Service or Service Content that infringes any intellectual property or proprietary rights. You are solely responsible for ensuring that your use of the Service with any third-party content does not infringe intellectual property rights. By using the Service, you represent and warrant that you have all rights and permissions necessary to create and use transcripts, bookmarks, or quizzes from such content.
USER SUBMISSIONS
Our Service may include capabilities for you to submit emails or other electronic messages to us or provide us your telephone number, cell phone number, physical address, or other means of communication. If you provide any information to us, including your personal information, you represent and warrant that (i) you are providing or accessing only your own information; and (ii) our use of such information will not infringe upon or misappropriate the intellectual property rights of other third parties, including rights of privacy, or violate any applicable law, rule, or regulation. You are solely responsible for and warrant that the information you submit is accurate and does not contain any misrepresentations or fraudulent information.
We always welcome your feedback and suggestions on how to improve our Service and Service Content. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to us, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Feedback (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Feedback. Further, we will be free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to our Service for any purpose whatever.
We reserve the right at all times to electronically monitor areas of our Service and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate our Service, or to protect our rights or property or those of related third parties.
THE DIGITAL MILLENIUM COPYRIGHT ACT
If our Service allows you to post content to our Service that is visible to the public, we agree to with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyright laws. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission. For more information on submitting a notice or counter-notice, please contact our Designated Contact.
NON-EXPORT
We control and operate the Service from our office(s) within the United States and make no representation or warranty that any Service Content on the Service is appropriate or available for use in other locations or geographies, where your use and access to such Service Content may be illegal and prohibited. Those who choose to access our Service from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
COMMUNICATION CONSENT
When you send emails or other electronic messages to us or if you provide us your telephone number, cell phone number, email address, physical address, or other means of communication, (i) you acknowledge you are communicating with us electronically, (ii) you consent to receive return communications, if any, from us electronically (including your consent to receive phone calls, text messages, mail, or emails from us or on our behalf or from our partners or service providers), and (iii) you consent to our review and analysis of any such messages.
As a user of any text messaging service that we or our Affiliates make available to you, you acknowledge that text messages are distributed via third-party mobile network providers and therefore we are unable to control all functions related to the delivery of text messages. You acknowledge that it may not be possible to transmit all text messages successfully. You may be subject to charge from your mobile carrier for the text messages received from us. If you would like to opt out of marketing-related email or text message communications from us, you can use the unsubscribe link found at the bottom of such email to opt out of receiving future marketing emails, or, if a text message, by replying "STOP." Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming an appointment or, if it applies, payment you have made. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.
You further 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.
APPLICABLE LAW
Use of our Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding in connection with the Service will be brought exclusively in a federal or state court of competent jurisdiction sitting in Wilmington, Delaware, to which you consent to jurisdiction.
DISPUTE RESOLUTION
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A COURT OF COMPETENT JURISDICTION BEFORE A JUDGE OR JURY AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as may be amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA, or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution heading relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution heading is invalid or unenforceable, the other parts of this Dispute Resolution heading shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution heading relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution heading shall be null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision.
TERM AND TERMINATION
These Terms are effective immediately upon your use of our Service. The then-current version of these Terms will govern your then use and access of our Service and Service Content. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You must comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Service and Service Content.
MISCELLANEOUS
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. You may not assign your rights or duties under these Terms to any party. This is the entire agreement between you and us as to the subject matter hereof and supersedes all prior and contemporaneous agreements concerning the same subject matter.
