1. Your Acceptance

Welcome to the Terms of Service for Readymag.com, an online tool for designing websites and website. This is an agreement (“Agreement”) between Readymag, Inc., a Delaware company (“Readymag”), the owner and operator of Readymag.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.

Throughout this document, the words “Readymag,” “us,” “we,” and “our,” refer to our company, Readymag Inc. and our website, Readymag.com, or our Service, Readymag, as is appropriate in the context of the use of the words. All information submitted by you to us, such as data, text, sound, photographs, graphics, video, messages, tags or other materials for hosting, display, and distribution shall be referred to as “Content”. We provide a plain English version of this Agreement on the right- hand side for your reference (“Reference”). You acknowledge and agree in the event of any conflict between the Reference and this Agreement, the provisions of this Agreement shall prevail.

Please read the Terms of Service and the Privacy Policy before using our Site or Service. By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy from time to time, your continued use of our Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately. Additionally, users of our Service must be above the age of 16. If you are under the age of 16 please stop using our Site and Service immediately.

If you are between the ages of 16 and 18 please get your parent's or trustee's permission before using our Site or Service.

2. Readymag Description of Service

Readymag is an online graphics editor, which allows you to create, view and share websites through our Services. Subject to your compliance with your responsibilities set forth in Section 4, as a user, you’ll be able to create any kind of web publications to be published online and shared with your selected audience.

Readymag Services are objects that define scope of these Terms of Service.

Readymag Services include our:

1. Websites
2. Out-of-Box Applications
3. Server licensing
4. Project Viewer
5. Project Constructor

but does not include:

1. Readymag products or services for which a separate terms are provided.
2. Third Party Products. These are third party products or services that you may choose to integrate with Readymag products or services.

3. User Accounts

You may use Readymag without a registered account. However, in order to take full advantage of Readymag you will have to sign up for an account. After registering you may begin to post Content and communicate with other users of Readymag. If you decide not to register you are still subject to these Terms of Service and the Privacy Policy. It is important that you keep your account information confidential as you are solely responsible for all actions or purchases made under your account.

During registration we require that you provide us with your name and e-mail. We may also require additional information from you if necessary. Additionally, we may allow you to login through a third-party social network such as Facebook. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Readymag usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.

4. Your Responsibilities

You are responsible for your use of Readymag, and for any use of Readymag made using your username and account, including by your Affiliates. The term “Affiliates” shall refer to any individual or entity that (a) directly or indirectly controls, or is controlled by, or is under common control with you; and/or (b) if you are an entity, owns or controls a majority of your outstanding voting securities. You agree not to access, copy, or use Readymag, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Readymag.

Readymag is a community of users and we expect everyone to act reasonably and respectfully at all times during their use of our Site and Service. We've created a non-exhaustive list of responsibilities that you agree. By using our Site and Service you agree to the following:

1. You agree to act within the bounds of common decency when using our website, this includes refraining from posting illegal, pornographic, explicitly sexual, underage or otherwise distasteful Content;
2. You agree not to stalk, harass, bully or harm another individual;
3. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
4. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Readymag;
5. You agree not to collect or store personal information about other users of Readymag;
6. You agree not to interfere with or disrupt Readymag;
7. You agree not to hack, spam or phish us or other members or users;
8. You agree to provide truthful and accurate Content;
9. You agree to not violate any law or regulation and you are solely responsible for such violations;
10. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
11. You will not use our website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, Content or information or post any information or Content about a company or individual;
12. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party's website, such as by requesting its removal from a search engine;
13. You will not infringe upon anybody's intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
14. You are expressly prohibited from accessing Readymag through a virtual private network or by proxy.

Please note: Readymag Services might be restricted for certain jurisdictions due to local and(or) internationally applicable public limitations (sanctions), laws and regulations. If you reside in any of the listed below countries, you have to refrain from using Readymag Services: Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine, as well as the Russian Federation, the Republic of Belarus, China (PRC), Saudi Arabia (if you represent government or any of its ministries or agencies).

Readymag may terminate your account for violating one or more of your responsibilities, for violating applicable international, federal or state law, any other provision in this Agreement, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

5. User Posting on Readymag

Readymag may enable you to, among other things, publish or upload Сontent to the Internet, including but not limited to data, text, sound, photographs, graphics, video, messages, tags, blogs or forum posts, images, photos, and videos, or other materials for hosting and display. Any content you submit, post, display, or otherwise make available on or via Readymag, including all Intellectual Property Rights (defined below) therein, is referred to as your “Content.” For the avoidance of doubt, Content includes any templates, libraries, or apps that you submit using Readymag. [Readymag is only acting as a repository of data, user ….. may remove or delete it from Readymag at any time.]

Unless otherwise specified in the Agreement and to the maximum extent permitted by law, you agree to be fully responsible for the Content that you create or submit using Readymag and you further agree not to use Readymag to create or submit any Content that does not comply with the Agreement.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Any Content submitted by you will be owned by you. However, you hereby provide Readymag with a non-exclusive license, which is mandatory in order for us to receive, host, process, distribute your Content on/through our servers and make any alterations to your Content on your behalf. Readymag never uses your Content in any unethical or disrespectful way. Readymag reserves the right to promote open projects (not protected with a password) without notifying the user beforehand. You may find more in-depth information about granting a non-exclusive license in paragraph 6.

You also commit to having paid and paying in full all fees or other payments related to the use of your Content. Finally, you guarantee that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You understand that when using the Readymag Service you will be exposed to Content from a variety of sources, and that Readymag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Readymag. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Readymag with respect thereto, and agree to indemnify and hold Readymag, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

You are hereby further committed to your Content complying following restrictions. Any Content submitted on Readymag shall not contain any of the following at all times:

1. Projects referencing and containing links to deliberately false resources;
2. Links to projects which may lead the user to download and implement malicious software;
3. Projects which may ask users to disclose their personal data by users being provided with content, links to external resources or deliberately false information;
4. E-commerce and projects that are not actually intended to sell products and/or services, if such intention is not expressed on their websites;
5. Projects duplicating other websites content and/or containing links to such websites and/or which are published on Readymag simply for increasing traffic.

6. License Grant

Readymag and its affiliates reserves the rights to share the public content you create to promote Readymag — the creator of the content will be credited. If the user keeps their content password protected, Readymag will not promote this content without the user’s permission. You assign to Readymag a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through Readymag or any other medium currently invented or invented in the future. Without this license Readymag is unable to provide the service as it is.

If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.

7. Content Posting Guidelines

As Readymag is composed of a community of users, please be respectful to Readymag and all other users when posting, submitting or creating any Content through Readymag. When posting, submitting, or creating Content you agree that you will not:

1. Impersonate any person or entity or misrepresent their affiliation with a person or entity;
2. Post any Content that is disrespectful, harmful, harassing, discriminatory, defamatory, illegal, lewd, pornographic, unlawful, obscene, invasive, inflammatory, fraudulent, threatening, violent, distasteful, or otherwise hateful;
3. Post any false, misleading, or inaccurate Content;
4. Post any Content that infringes on the intellectual property rights or legal rights of third parties or other users;
5. Post any Content that contains personally sensitive information of a third party without their consent;
6. Post any Content that is not up to community standards.

If you believe that any Content posted on or through the Readymag Service violates these guidelines, please contact us at support@readymag.com. We reserve the right to remove any Content that violates these guidelines or we may remove any Content at our discretion.

8. Intellectual Property Rights

The design of the Readymag Service along with Readymag created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Readymag, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. Readymag reserves all rights not expressly granted in and to the Service and the Site.

You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given you express written permission.

9. Your Use of our Site

Once you have registered for an account, you will be able to post Content to Readymag. We grant you a revocable, non-exclusive license to access our Site and to use any of our Services, which license may be shared with your Affiliates, provided that you continue to bear the cost of all licenses purchased and used using your account. This license grant is subject to compliance with our Terms of Service and the Privacy Policy. Using any paid Services does not grant you an ownership interest in any of our Services; you merely receive the same license listed above to use our paid Services and any additional software. We may terminate your ability to access our Site and Service if you breach either agreement or at our discretion. We also reserve the right to terminate your access to Readymag at any time without explanation. Any failure by us to terminate your access does not act as a waiver of your conduct.

You agree not to distribute any Content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access Content through any technology or means other than through our Site or Service or otherwise authorized by us.

More simply put:

By registering an account at Readymag, you receive an individual license to use our service. Please don’t copy, modify or save any of Readymag or other users’ content without our or their written consent. Please don’t access or distribute content in any way except as explicitly permitted under this agreement. We may terminate your account service at any time if you breach any part of this agreement.

10. Online Catalogue

We may offer certain users (“Vendors”) the capability to sell merchandises (“Merchandises”) displayed on such user’s Content (the “Online Catalogue”). We are not the merchant of record for any Merchandises sold through our Site and does not have any liability with respect to any Merchandise sold through our Site. All Merchandise sold through our Site are subject to the Vendor’s policies, including, without limitation, applicable shipping, privacy, and return policies. Please review applicable Vendor policies prior to making your purchase. We do not endorse any Merchandise sold by the Vendors on our Site. We do not represent, warrant or guarantee that the Merchandise descriptions are accurate, complete, reliable, current or error-free. For Merchandises purchased from Vendors, the risk of loss and title for purchased Merchandises pass from the Vendor to you upon Delivery. We do not transfer ownership of any Merchandise from the Vendor to you. You shall refer to the Vendor’s policies for any terms of refunds or returns. If you purchase any Merchandises on our Site from the Vendor, your payment information will be processed by Stripe (see Section 11 below).

Readymag prohibits the sales of any the following products:

1. Any products that are illegal under any jurisdictions where Readmag operates;
2. Stolen or counterfeit products;
3. Defective Products;
4. Weapons;Products that infringe the copyright, trademark or otherwise intellectual property or personal rights of others; or
5. Products that contain offensive, obscene, violent, cruel or inappropriate content in product names, descriptions, logos or images.

It is the Vendor’s sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. We reserve the right to immediately remove your product listings, suspend your selling privileges and terminate your account.

Vendor hereby agrees to defend, indemnify and hold harmless Readymag, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any breach of this Section. The information about our subscriptions and paid services can be found here. By submitting your payment information you authorize your credit card to be charged the amount listed at the checkout screen. You can switch between monthly and yearly subscriptions at any moment. Just open your Settings select Change plan, choose the one you need and click Proceed. Changes will take place with the next scheduled payment. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices. Please be aware that we may suspend or terminate your account if your payment is past due, to provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by Readymag Inc.

11. Subscriptions and Payment

You will not be required to pay to access our Site. However, portions of our Site and Service may require payment. If you wish to use any of our paid Services you will be required to submit your payment information. Please be aware that your payment information may be stored, collected, and processed by our third party payment processor Stripe. Please be aware that you must provide complete and accurate information to our payment processor or your payment may be affected, you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information may be made in your Account Settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services.

The information about our subscriptions and paid services can be found here. By submitting your payment information, you authorize your credit card to be charged the amount listed at the checkout screen. You can switch between monthly and yearly subscriptions at any moment. Just open your Settings select Change plan, choose the one you need and click Proceed or Purchase. Changes will take place with the next scheduled payment. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices. Please be aware that we may suspend or terminate your account if your payment is past due, to provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by Readymag Inc.

The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider.

12. Automatic Renewal of Subscriptions

By default, in order to provide you with uninterrupted and hassle-free Service, once you have submitted your payment information, your credit card will be automatically charged for subsequent time periods after the initial period where you authorize payment (each, a “Renewal Term”). For example, if you have paid for a monthly subscription, after the first month your credit card will be automatically billed at the applicable rate for the following month. By paying for our Service and authorizing payment on your credit card, you authorize us to automatically charge your credit card for any Renewal Terms after your initial payment. You explicitly authorize us to charge your credit card without providing additional notice to you after your initial payment. You may log into your account for billing details. If you wish to deactivate automatic billing on your account, you should cancel your subscription by selecting Cancel subscription in your Settings or contact us at support@readymag.com.

More simply put:

By default, your Readymag plan will auto-renew for the same subscription period you initially signed up for (e.g., monthly plans will renew monthly). To stop automatic billing, cancel the subscription in your account settings.

13. Refunds and Cancellation of Paid Services

You may use a free account to try out our Services, and you may cancel your Readymag subscription at any time. When a paid subscription is canceled, it will remain active and available until the end of your last billing period. Please be aware: when the term of a canceled paid subscription ends, you will lose access to all paid services and some (or all) of your Content may become inaccessible. See our Help section for details.

If you believe your credit card has been charged in error or you have paid for a subscription by mistake please contact us at: support@readymag.com.

You can request a refund for any payment. Please note that we can provide a refund only if you send a request to our support services at support@readymag.com within 24 hours of the relevant payment (including payment(s) for Renewal Term(s)). Learn more about how to cancel your subscription in our Help section.

Readymag issues refunds in U.S. dollars only, transferred to the bank account used to make the payment. If you paid for the subscription using a currency other than the U.S. dollar, the amount credited back to you may be affected by currency exchange rate and third-party commissions (e.g. the commission taken by a payment processor). Refunds will appear in the purchaser's bank account within 10 business days of Readymag issuing the funds. If user fails to provide cancellation notice within 24 hours from making the payment, Readymag will not issue any refund.

Readymag reserves the right to deny or cancel subscriptions and Readymag may, in its sole discretion, terminate or suspend accounts. In the event that Readymag terminates your account due to an actual or suspected violation of our Terms of Service or Payment Terms, products and services purchased in according with these Terms of Service may be forfeited without a refund.

In the event of a raised dispute through payment service bypassing our support, Readymag retains the right to terminate your subscription and provision of any Services to you immediately upon receipt of a knowledge of a raised dispute. Please be informed that raising a dispute through payment service, your right to use our Services will immediately terminate in order to ensure dispute resolution procedure.

14. Limitations on Liability

In no event shall Readymag, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Readymag shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

In the event of any problem with this web site or any Content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or Services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such Services, in accordance with such manufacturer's or supplier's warranty. Readymag is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products purchased from our site.

For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

1. The website's public areas include areas where members may post user generated Content. We are not responsible for the posting of any of this Content or information;
2. We are not required to or under any obligation to review, screen, edit, monitor, or remove any member Content posted on our website and we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected;
3. We take no responsibility and assume no liability for any user Content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
4. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Readymag, whether arising in tort or contract, law or equity;
5. You agree not to hold any other user liable for any negative or critical comments except you are not obligated to release any other member who submits Content that violate any of Readymag Terms of Service or other policies stated anywhere on its website;
6. Readymag is not liable under any circumstances to any user for any Content submitted by another member, even if that Content violates Readymag' Terms of Service or other policies, and Readymag takes no action to remove that Content, terminate that member's account or any action whatsoever;
7. Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

Readymag shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by Readymag from its facilities in the United States. Readymag makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. Content; No Responsibility of Readymag

To the extent permitted by law, you acknowledge and agree that Readymag is not undertaking and assumes no responsibility, obligation or liability relating to Content that you or any user in your account or workspace or third party posts or sends through Readymag.

Unless otherwise specified, Readymag, its successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor Readymag for inappropriate or unlawful content and (ii) assume and shall have no responsibility or liability which may arise from your or any other user’s Content, including, but not limited to, third-party claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

You agree that you are solely responsible for your Content and the consequences of posting or publishing it, and that Readymag is only acting as a passive conduit and service provider for the online distribution and publication of your Content.

Notwithstanding the foregoing, Readymag reserves the right to take down Content at any time in our sole discretion.

For the avoidance of doubt, we have not reviewed, and cannot review, all of the Content published to or made available through Readymag by our customers or anyone else. We are not responsible for and do not necessarily hold the opinions expressed by our customers, customer end users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of Readymag. Content created by customers or third parties is the sole responsibility of such customers or third parties and its accuracy and completeness are not endorsed or guaranteed. You may find certain Content offensive, indecent, or objectionable; includes technical inaccuracies, typographical mistakes, or other errors; or violates or infringes the privacy, publicity rights, Intellectual Property Rights, other proprietary rights of third parties; in violation of certain local and(or) internationally applicable public limitations (sanctions), laws and regulations. We do not endorse any Content or represent that any Content is accurate, useful, not harmful, or in compliance with any applicable regulations and laws.

16. Representations and Warranties

Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. We will not be responsible for backing up or storing anything created on our Site. You are solely responsible for backing up, storing or otherwise creating copies of any work created on our Site and Service.

We make no representations or warranties as to the merchantability of our Service or fitness for any particular purpose. We disclaim all other warranties either express or implied in regards to our Site and Service. you agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our Services, for reasons including, but not limited to, failure of our Service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.

We are not liable for any failure of the goods or Services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.

The provision of our Service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the second paragraph of this section.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.