Terms of Use

You understand and acknowledge that the Website and the Service are made available on an “AS IS” and “AS AVAILABLE” basis with no warranty of any kind, whether express or implied, as described in more detail below under the Disclaimer of Warranties section. The Website, the Service or both may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We make no guarantees or assurances that all content is error-free. We also strongly encourage you to back-up all data and information on your device and any peripherals prior to using the Service. YOU AGREE THAT YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical or other support for the Website or Service. Your access to and use of the Website and Service signify that you have read, understand and agree to be bound by these Terms of Use, and such access and use are subject to your compliance with these Terms of Use. We reserve the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Website or Service constitutes your acceptance of and agreement with any and all such changes.  If you do not agree to abide by these or any future Terms of Use, you should not access or use (or continue to access or use) the Website or any Service.  In addition, we may post additional terms, conditions, rules or requirements related to the Website and/or its services and features.  All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them.  At our sole discretion, we also may offer other services or features governed by different Terms of Use.

In providing users the Website and Service, you understand and agree that the Service may include certain communications from us.  By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us.  Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information.

In consideration of your use of the Website and the Service, you represent and agree that you are not a person barred from receiving such services or accessing and using such a website under the laws of the United States or other applicable jurisdiction.  You also agree to: (a) provide true, accurate, current and complete information about yourself; and (b) maintain and promptly update any and all such information that is untrue, inaccurate, not current or incomplete or that we have reasonable grounds to believe is untrue, inaccurate, not current or incomplete.  As with other violations of these Terms of Use, we have the right to suspend or terminate your account and to refuse any current or future use of the Website, Service, or any portion(s) thereof.  You agree to accept responsibility for all activities that occur under your account or password. Users may only have one account.

By using the Website and/or the Service, you certify that you are 18 years of age or older and, if using certain features of the Service, that you are a holder of the account being accessed or a person duly authorized to access such account. If you are a resident of a jurisdiction that imposes additional or different age requirements for disclosure of personally–identifiable information, as a user, you hereby represent that your use, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such jurisdiction.

By using the Website or Service, you agree to be subject to the terms and conditions set forth in our Privacy Policy, which is incorporated herein as part of the Terms of Use.  In addition to consenting to our collection and use of information about you in accordance with that policy as it exists now or in the future, you also agree that, regardless of where you are physically located, the nature of electronic communications and our network architecture and business practices involves the transfer of this information and other data transmission via the Website or Service within the United States, on an interstate basis for storage, processing and use by us.

This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, and logos (collectively “Content”), are either owned by us or owned by others and licensed to us.  All right, title and interest in and to the Website and Content remains with us or our licensors, as applicable.

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This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, and logos (collectively “Content”), are either owned by us or owned by others and licensed to us.  All right, title and interest in and to the Website and Content remains with us or our licensors, as applicable. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content.  You agree not to access the Service by any means other than through the interface we provide via the Website for use in accessing the Service.  Except as expressly provided in the paragraph above, your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use our Content or that of our licensors.

You shall have the right to terminate your use of the Website and/or Service any time for any reason by ending all use of or access to the Website.  Likewise, we shall have the right to terminate your use of the Website and/or Service any time for any reason with or without notice.  In addition, we have the right to terminate your use of the Website and Service with or without notice based on our reasonable determination you have breached these Terms of Use or violated any law, including, without limitation, violations of our intellectual property rights. Following any such termination, we shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that we terminate your use rights, we shall in no way be precluded from pursuing any and all of our additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Without intending to be exhaustive or limit in any way our right to determine whether any act, omission or conduct of any kind violates any aspect of these Terms of Use, you agree that you will not engage in or use the Website or the Service in any way to commit, encourage or promote any of the following prohibited activities and that we shall have the right to take action, up to and including terminating your use of the Website, the Service, and/or your account, at any time based on such activity:

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You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

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You may not intentionally or unintentionally violate any applicable local, state, national or international law or seek to mislead or defraud any other user of the Service, us or any affiliate, assignee, or transferee of ours, or any third party through your use of the Service.

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You may not attempt to bypass any measures designed or implemented to prevent or restrict access to our systems and network or any portion thereof or to private or confidential information of ours or other users.

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You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

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You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, “spam”, or any other unsolicited overload technique.

You agree that we may establish general practices and limits concerning use of Website and the Service.  You agree that we have no responsibility or liability for the deletion or failure to store any account-related information or materials, regardless of form or type, placed on, maintained, generated, or transmitted by the Service. If your account is closed, deleted or logged off for any reason, whether by you or us voluntarily or involuntarily, you may no longer have online access to any such data or materials stored or associated with your account, and we may delete or archive any such information or materials at our discretion.

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You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

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Linking and Third Party Content and Goods and Services

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The Website and Service may contain references or links to third–party websites (collectively “Third Party Websites”). We may provide any such links only as a convenience; we do not endorse and are not responsible for or have control over the contents of any referenced or linked site or any link contained in a referenced or linked site or any content aggregated on or from a third-party website (“Third Party Content”). Third Party Content is not our information, advice or opinion or that of the Website or any person or entity affiliated with the Website.  We do not routinely moderate, screen, or review Third Party Content.  Nor do we necessarily endorse, approve, or agree with any of it.  Use of any such Third Party Content may be conditioned upon such third party’s terms and conditions.  Without being exhaustive or limiting the generality of the Limitation of Liability set forth below, you also agree that we are not responsible or liable, directly or indirectly, for any Third Party Content or the accuracy, quality, advertising, goods and services, or other resources or any losses or damages allegedly caused by, arising out or, or relating to your use or reliance on any such content, goods and services, advertising, or other resources available on or through the Website or Service or any Third Party Websites.

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You agree to waive any and all claims against us related to Third Party Websites and Third Party Content and, whether completed or attempted, your accessing or use of any of the foregoing.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and its Content and (ii) release of information to and retrieval of information from the Website. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website, as applicable, to any applicable government agencies, all without liability to us.   Without limiting the foregoing rights, you consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to requests for customer service; or (iv) protect the rights, property or personal safety of our users, our officers, directors, employees or representatives, and/or the public.

You agree to indemnify, save, defend, reimburse and hold us, our officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Website or Service; (ii) your accessing or use of any Third Party Websites, including without limitation, in relation to Third Party Content or Third Party Goods and Services available as a result of such access or use; (iii) your breach of any provision of these Terms of Use; (iv) the timing, reliability, appropriateness, inaccuracy or other error of any kind in any information or other content you submit or provide us, including but not limited to via the Website or Service; and/or (v) your violation of any rights of another, whether by action or omission.

You acknowledge and agree that we, regardless of the device or form factor chosen, are not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY,, TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE OR RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE OR SERVICE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, WE DO NOT WARRANT THAT THE WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVE NOTICE THAT IT IS POSSIBLE THAT THE WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.

WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICE, OR PRODUCTS PROVIDED OR MADE AVAILABLE VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA, LOSS OF OR DAMAGE TO INFORMATION, RECEIPT OR REFUSAL OF FINANCIAL SERVICES, PERSONAL INJURY, PROPERTY LOSS OR DAMAGE, OR LOSS OF OR DAMAGE TO BUSINESS OR BUSINESS OPPORTUNITY, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY US.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of laws principles. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN WASHINGTON, IF YOU ARE A WASHINGTON RESIDENT, OR OREGON, IF YOU ARE AN OREGON RESIDENT), YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE WEBSITE OR SERVICE AND/OR THESE TERMS OF USE WILL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with each party bearing its own costs and legal fees related to the arbitration, regardless of whether you or we prevail.  

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Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you arising out of, relating to or concerning the Website or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in the State of Washington if you are a resident of Washington or in the State of Oregon if you are a resident of Oregon, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  By offering this Website, the Service, and any information, products or other content through the Website and/or Service, we do not purport to distribute to or solicit you or any person to use the Website, Service or such information, products or other content in jurisdictions where providing such is prohibited by law. All rights and obligations we have under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by us in connection with a merger, acquisition, or sale of assets, including any loan(s) you may receive from us, or by operation of law or otherwise. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.