1. BASIC TERMS
This User Agreement (“this Agreement”) is a contract between you (“you” or “user”) and Expond, Inc. (“EXPOND,” “we” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to create an Account, access the Site Services, download Content from, or otherwise utilize, our website located at https://goexpond.com/ and all portions of the website accessible through that link (“Site”). For the purposes of this Agreement, “Site Services” shall refer to the software platform within the Site that is designed to facilitate the booking of health and wellness experiences on demand (“EOD Activity”) with health and wellness service providers (“Professionals”), as well as the actual participation in those EOD Activities by users and Service Providers booked through that platform. “Content” shall refer to any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the Site or within the Site Services.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY TERMS OF SERVICE, INCLUDING THE BINDING ARBITRATION PROVISION IN PARAGRAPH 15 OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THE TERMS OF SERVICE AND YOU AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
2. AMENDMENT AND MODIFICATION
A. AMENDMENT OF THESE TERMS
Subject to the conditions set forth herein, EXPOND may, in its sole discretion, amend the Terms of Service, at any time. EXPOND will provide reasonable advance notice of any amendment that includes a substantial change by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). If you do not agree with our modifications to the Terms of Service, your only recourse is to decline such terms and stop using the Site and Site Services.
B. MODIFICATION OF THE EXPOND SITE AND SITE SERVICES
In an effort to improve the Site and Site Services, the Site and Site Services may be modified by us at any time without prior notice to you. You agree and understand that the Site and Site Services, as modified, will be subject to the Terms of Service. We may change, suspend, or discontinue providing the Site and/or Services or any of their features or Content to you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site and/or Services at our sole discretion at any time without liability or prior notice to you.
3. PURPOSE OF EXPOND
The EXPOND Site is a marketplace where those people interested in booking on-demand health and wellness services (“Clients”) and Professionals can identify each other and advertise, provide, and buy EOD Activities online (“EXPOND Purpose”). Subject to the Terms of Service, EXPOND provides the Services to users by hosting and maintaining the Site and facilitating the formation of contracts for provision and receipt of EOD Activities (“EOD Contract”). When a user enters into an EOD Contract, the users use the Site and Services to communicate with each other, and to issue invoices and pay any amounts owed under the EOD Contract.
A. RELATIONSHIP WITH EXPOND
EXPOND makes the Site and Services available to enable Professionals and Clients to find and transact directly with each other. Through the Site and Services, Professionals may be notified of Clients that may be seeking the EOD Activities they offer. At all times, however, users are responsible for evaluating and determining the suitability of any EOD Activity, Professional or Client on their own.
If a Client and Professional decide to enter into an EOD Contract, that EOD Contract is directly between the User and the Professional; EXPOND is not a party to the EOD Contract. The Client and Professional have complete discretion, both with regard to whether to enter into an EOD Contract and the selected terms of any such EOD Contract. You acknowledge, agree, and understand that EXPOND is not a party to any EOD Contract and that the formation of an EOD Contract between users will not, under any circumstance, create an employment or other service relationship between EXPOND and any user or a partnership or joint venture between EXPOND and any user. With respect to any EOD Contract, Clients and Professionals may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements) provided that any such agreements do not conflict with, narrow, or expand EXPOND’s rights and obligations under the Terms of Service, including this Agreement.
B. CLIENT RELATIONSHIP WITH EXPOND
You acknowledge, agree, and understand that EXPOND is not a party to the relationship or any dealings between Client and Professional, including any EOD Contracts. Without limitation, users are solely responsible for: (1) ensuring the suitability and legality of any requested EOD Activity; (2) determining their physical fitness, capabilities, and abilities in regards to the Activities selected; and (3) providing and paying for EOD Activities. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into an EOD Contract with another user and for reviewing any information about another user, including Composite Information (defined below). EXPOND does not make any representations about or guarantee the truth or accuracy of any Professional’s or Client’s listings or other Content on the Site, and does not verify any feedback or information provided by Users about Professionals or Clients.
You acknowledge, agree, and understand that EXPOND does not, in any way, supervise, direct, control, or evaluate Professionals or their work and is not responsible for any EOD Activity or EOD Activity terms. EXPOND makes no representations about and does not guarantee, and you agree not to hold EXPOND responsible for: (1) the quality, safety, or legality of EOD Activities; (2) the qualifications, background, or identities of users; (3) the ability of Professionals to deliver EOD Activities properly, safely, or accurately; (4) the ability of Clients to pay for EOD Activities; (5) Content and statements or posts made by users; or (6) the ability or willingness of a Client or Professional to actually complete a EOD Contract or transaction.
You also acknowledge, agree, and understand that Professionals are solely responsible for determining, and have the sole right to agree to, which EOD Activities to offer; the time, place, manner, and means of providing any EOD Activity and the price they receive for such services.
C. PROFESSIONAL RELATIONSHIP WITH EXPOND
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between EXPOND and any Professional. You acknowledge, agree, and understand that: (1) you are not an employee of EXPOND, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (2) EXPOND will not have any liability or obligations for acts or omissions by you or other users with respect to EOD Contracts and/or EOD Activities; (3) EXPOND does not, in any way, supervise, direct, or control any Professional or their provision EOD Activities; (4) Professionals are free to determine when and if to perform or provide EOD Activities and EXPOND does not set or have any control over whether Professionals choose to perform EOD Activities, or their work hours and work schedules; (5) Professionals will be paid in accordance with the terms of any EOD Contract agreed to, and EXPOND does not, in any way, provide or guarantee Professionals a regular salary or any minimum, regular payment; (6) EXPOND does not provide Professionals with training or any equipment, labor, tools, or materials related to any EOD Contract; and (7) EXPOND does not provide the premises at which Professionals will perform the work.
(i) Payment for EOD Activities
All payment received by a Professional who provides EOD Activities will be in accordance with the payment terms set forth on the Site and agreed upon by the Professional and the Client. EXPOND is not a party to the EOD Contract.
After completion of the EOD Activity, the responsible Professional shall receive payment of the amount agreed upon in the associated EOD Contract within ten (10) days. Such payment shall be issued to the Professional through EXPOND’s automated clearing house (“ACH”) service provider, Stripe, Inc., as further described in Paragraph 9(a) below.
Clients participating in an EOD Activity may tip the Professional providing such service however, tips are not mandatory and should not be demanded from Clients by Professionals. All such tips belong wholly to the Professional and EXPOND claims no ownership over any part of them.
Professionals understand, acknowledge and agree that they are solely responsible (1) for all tax liability associated with payments received from Clients, and that EXPOND will not withhold any taxes from payments to any Professional; (2) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Professionals are not covered by or eligible for any insurance from EXPOND; and (3) for determining whether they are required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges and remitting any such taxes or charges to the appropriate authorities, as appropriate.
In the event of an audit of EXPOND, Professionals agree to promptly cooperate with EXPOND and provide copies of their tax returns and other documents as may be reasonably requested for purposes of such audit.
(iii) No Fee for Introducing or for Finding Projects
Although EXPOND may do so on occasion, it is not in the busines of making direct referrals and does not always help Professionals secure bookings for EOD Activities. EXPOND merely makes the Site and Services available to enable Professionals to do so themselves. Therefore, EXPOND does not charge a referral fee when a Professional finds a suitable Client. In addition, EXPOND does not charge any fee or dues for posting public feedback and composite or compiled feedback, including Composite Information.
(iv) Service Fees for Professionals
EXPOND uses Stripe to make payouts to Professionals (“Payout(s)”). The Stripe Recipient Agreement (https://stripe.com/connect-account/legal/recipient) applies to your receipt of such Payouts. To receive Payouts from EXPOND, you must provide EXPOND accurate and complete information about you and your business, and you authorize EXPOND to share it and transaction information related to your Payout with Stripe.
When EOD Services are Booked Directly Through the Expond Website:
When a Client makes a payment for an EOD Contract (“Client Payment”), the Client Payment is processed through Stripe. Stripe will then issue a Payout to the Professionals for one hundred percent (100%) of the Client Payment, less a service fee for the use of the Site and Services, including the communication, invoicing, reporting, and payment processing services (the “Service Fee”), which will be remitted to EXPOND.
When EOD Services are Booked through a Participating Hotel Partner:
When a Client makes a payment for an EOD Contract (“Client Payment”) that was booked through a participating hotel referral partner (“Hotel Partner”), the Client Payment is processed through Stripe. Stripe will then issue a Payout to the Professionals for one hundred percent (100%) of the Client Payment, less (1) a twenty percent (20%) referral fee that will be paid to the referring Hotel Partner, and (2) a service fee for the use of the Site and Services, including the communication, invoicing, reporting, and payment processing services (the “Service Fee”), which will be remitted to EXPOND.
4. PARTICIPATION IN EOD ACTIVITIES
By utilizing the Site and Services to procure EOD Activities, you represent, warrant, and certify to EXPOND that you (and any other person or Minor that you register and book Services on behalf of) are physically able to participate in the EOD Activity selected and have no known injuries, illness or disability that will impact your ability to participate in the EOD Activity safely and without risk to your health or wellbeing. If you are unsure as to your ability to safely participate in any EOD Activity, you agree to consult with a medical health professional and obtain the necessary clearance to proceed. You understand and acknowledge that neither EXPOND nor any Professional offering EOD Activities are authorized, nor willing to, provide you with any medical advice of any kind. In the event that a Professional offers medical advice to any user, EXPOND expressly disclaims any liability arising from any such medical advice.
A. EXPRESS ASSUMPTION OF RISK
You understand that participation in EOD Activities may involve physical exercise, sport and or recreational activities that may cause injury or risk to your health. You understand, acknowledge, and accept that there is an inherent risk of injury, including severe illness or death, when choosing to participate in activities involving physical exercise, sport or wellness offered through the EXPOND Amenities, which may be the result of the active or passive negligence of the Client, Professional, or others. You understand, acknowledge, and accept that, by choosing to participate in or provide the EOD Activity chosen, you are assuming all risk of injury, illness, death or other loss that may result from your participation in such activity, whether foreseeable or not.
B. EMERGENCY TREATMENT
In the event that emergency assistance is required during your participation in an EOD Activity, you authorize EXPOND, the Professional providing the EOD Activity, any Client participating in the EOD Activity, or others, to obtain, on your behalf, medical assistance from any licensed hospital, physician and or medical personnel and to consent to any treatment deemed necessary for your immediate care. You agree that you will be solely responsible for payment of all emergency medical services rendered. You hereby understand, acknowledge, and agree that EXPOND, EXPOND Professionals providing EOD Activities, and other Clients, do not assume any responsibility or obligation to provide medical assistance during your participation in an EOD Activity, including during an emergency.
C. LOST PERSONAL PROPERTY
EXPOND, EXPOND’s officers, directors, employees, successors, agents, partners, and third-party service providers, EXPOND Professionals, and other Users (the “Released Parties”) are not responsible for any loss or theft of personal property brought to or left at the location of any EOD Activity and you hereby release the Released Parties from any liability arising from such loss or theft.
You hereby acknowledge and agree that users, or EXPOND, may publish Content on the Site about users, such as feedback, Composite Feedback (defined below), geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that users voluntarily submit to EXPOND and does not constitute and will not be construed as an introduction, endorsement, or recommendation by EXPOND; EXPOND provides such information solely for the convenience of users.
A. RATING SYSTEM
EXPOND may, from time to time, utilize a two-way rating system (“Rating System”). This Rating System is designed to ensure that all EXPOND users who participate in EOD Activities receive a high-quality experience. To the extent that EXPOND fully implements and utilizes the Rating System, EXPOND will provide users who have participated in an EOD Activity, regardless of whether they participated as a Client or a Professional, with the opportunity to rate the other user they participated with using the Rating System. For example, a Professional may be given the opportunity to rate a Client to whom they provided a EOD Activity using the Rating System. The Rating System allows EXPOND to regularly review feedback from both Clients and Professionals and, using this input, further develop and maintain a safe and respectful environment for all EXPOND users.
EXPOND takes all feedback provided through the Rating System seriously. EXPOND reserves the right to deactivate any Client Account or Professional Account (as these terms are defined below) based on feedback regarding the Account holder. Furthermore, EXPOND reserves the sole and absolute right to (1) make all such ratings public or private, (2) determine how the Rating System operates, (3) determine if ratings will be anonymous with respect to each Client Account and Professional Account, and (4) resolve any disputes concerning or related to the EXPOND Services.
B. USER FEEDBACK
You acknowledge and agree that user feedback benefits the EXPOND marketplace, all users, and the efficiency of the Site. You acknowledge and agree that feedback results for you, including your rating, wherever referenced, and other user Content highlighted by EXPOND on the Site or otherwise (“Composite Information”), if any, may include user comments, user ratings, indicators of user satisfaction, and other feedback left exclusively by other users. You further acknowledge and agree that EXPOND will make Composite Information available to other users, including composite or compiled feedback. EXPOND does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the provision of the EOD Activities advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other user.
EXPOND does not generally investigate any remarks posted by users or other user Content for accuracy or reliability and does not guarantee that user Content is accurate. You are solely responsible for the Content you post, including the accuracy such Content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with your user Content. EXPOND is not legally responsible for any feedback or comments posted or made available on the Site by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, EXPOND reserves the right (but is under no obligation) to remove posted feedback or information that, in EXPOND’s sole judgment, violates the Terms of Service or negatively affects our marketplace or otherwise is inconsistent with the business interests of EXPOND. You acknowledge and agree that you will notify EXPOND of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, EXPOND may rely on the accuracy of such information.
C. SITE FEEDBACK
EXPOND invites you, at any time, to provide your feedback, comments, and suggestions for improvements to the Site or Site Services. Any feedback you may provide regarding EXPOND, the Site, or the Services is entirely voluntary. You agree that EXPOND will own all feedback, and you hereby assign and agree to assign to EXPOND all right, title, and interest in and to your feedback and all intellectual property rights associated therewith. In addition, you hereby waive any moral rights you have to your feedback. You are free to submit your feedback help@goEXPOND.com.
A. REGISTRATION AND ACCEPTANCE
Certain portions and/or aspects of the Site and Services are only available to users with an Account. EXPOND reserves the right to decline any user from registering to create an Account or adding an Account of a different type (i.e., as a Client or Professional), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
Your Account status is subject to your continued compliance with the Terms of Service and we reserve the right to remove the Account of an user, at any time, in our sole discretion.
B. ACCOUNT ELIGIBILITY
EXPOND offers the Site for the EXPOND Purpose only. By registering for an Account and/or using the Site and Services, you hereby represent that you are: (1) at least 18 years of age and (2) legally permitted to access the Site and utilize the Services.
(i) Registration of Minors.
Registration of an Account by anyone under the age of 18 renders that Account void, thereby revoking all permission to access the Site and/or Services. If you are booking an EOD Activity for an individual under the age of 18 (“Minor”), you expressly acknowledge and agree that in doing so, the Terms of Service shall be binding on the Minor, and on you on behalf of the Minor, insofar as they relate to the Minor’s participation in the EOD Activity and the booking of such activity using the Services.
(ii) Access Outside of the United States.
By agreeing to the Terms of Service, you certify that you are legally permitted to access the Site, utilize the Services, and create an Account. This Agreement is void where prohibited by law, and permission to access the Site and Services is thereby revoked. EXPOND does not claim that the Site or Site Services may be lawfully accessed by you outside of the United States. If you choose to access the Site or utilize the Services outside of the United States, you are doing so at your own risk
To register for a Professional Account (defined below), you must, and hereby represent that you: (1) are an employee or agent of, and authorized to act for and bind, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (2) will use the Site for the EXPOND Purpose only; and (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the EOD Activities you are providing.
C. ACCOUNT PROFILE
To register for an Account, you must first (1) complete our onboarding process (“Onboarding Process”) as directed on the Site, (2) complete a user profile (“Profile”), which you consent to be shown to other users and to be shown to the public, and (3) complete any additional forms and/or tasks requested by EXPOND. Through the Onboarding Process, if you are a Professional, you will be required to upload various materials (e.g., relevant certifications, Form I-9, etc.). You agree to provide true, accurate, and complete information regarding yourself, your certifications and qualifications (if you’re a Professional), your insurance (if you’re a Professional), and your physical capabilities throughout the Onboarding Process, on your Profile, and in all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness.
D. ACCOUNT TYPES
EXPOND offers two (2) types of Accounts. Once you have registered for one Account type, you are permitted to add an additional Account of a different type using your same username and password.
We reserve the right to revoke your Account and any and all linked accounts, as well as your access to the Site and Services, without warning, if we determine, in our sole discretion, that false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
(i) Client Account.
You can register for an Account or add an Account type to use the Site and Services as a Client (a “Client Account”)
(ii) Professional Account.
You can register for an Account or add an Account type to use the Site and Services as a Professional (a “Professional Account”). When registering for a Professional Account, you agree not to provide any false or misleading information about your identity or location, business, skills, or the services you provide and are qualified to provide and to correct any such information that is or becomes false or misleading.
When you register for a Professional Account, and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business. You authorize EXPOND, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
E. TEXT MESSAGES, NOTIFICATIONS, AND TELEPHONE CALLS:
You understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers using phone calls and text messages for service reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls or texts by contacting firstname.lastname@example.org.
F. USERNAMES AND PASSWORDS
Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize EXPOND to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Site if (1) you are not authorized to use both or (2) the use would violate the Terms of Service.
G. ACCOUNT PROHIBITIONS
We do our best to keep the EXPOND Site and Services safe, but we cannot guarantee it. We need your help to do that.
You agree not to do any of the following while accessing the EXPOND Site or utilizing the Services: (1) use the Services beyond the scope of the Terms of Services; (2) post, publish, submit, link to, or transmit any text, graphics, or other material that is: (i) false or misleading; (ii) defamatory; (iii) invasive of another person’s privacy; (iv) obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringing upon another’s rights, including any intellectual property rights and rights of privacy and publicity; or (vii) violating, or encouraging any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) access, tamper with, or use non-public areas of the Site, EXPOND’s computer systems, or the technical delivery systems of EXPOND’s providers; (4) attempt to probe, scan, or test the vulnerability of any EXPOND system, network, or software or breach any EXPOND security or authentication measures; (5) access, search or attempt to access or search the Site by any means (automated or otherwise) including but not limited to any engine, software, tool, agent, device or mechanism, except through the currently available published interfaces that are provided by EXPOND (and only pursuant to the Terms of Service), unless EXPOND has consented to you doing so through a separate agreement; (6) send unsolicited email, junk mail, spam, chain letters, promotions or advertisements for products or services via the Site; (7) engage in any unlawful multi-level marketing, such as a pyramid scheme using the Site or Services; (8) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (8) interfere with, or attempt to interfere with, the access of any other user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Site Services; (9) impersonate or misrepresent your affiliation with any person or entity; (10) launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site or Site Services in a manner that sends more request messages to the EXPOND servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, including but not limited to using scripts to connect with other users or send comments or messages to other users; (11) use sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to your profile; (12) solicit login information or access an account belonging to someone else; (13) collect or harvest any personally identifiable information, including account names, from the Site or Services; (14) use the Site to display any commercial advertisement that is not authorized in writing by EXPOND, promote or engage in commercial transactions through the Site and/or Services accept to fulfill the EXPOND Purpose or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site or Services; (15) use the Site or Services to communicate with any user except for the purpose of facilitating the Site Purpose; or; (16) pay for any EOD Activities by any means except through the Site or Services.
EXPOND RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT IF YOU ENGAGE IN ANY OF THE ABOVE ENUMERATED PROHIBITED ACTIONS. IF EXPOND DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, EXPOND HAS THE RIGHT WHERE ALLOWED BY LAW, BUT NOT THE OBLIGATION, TO: (1) NOTIFY OTHER USERS THAT HAVE ENTERED INTO EOD CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS; AND (2) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT EXPOND WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
H. ACCOUNT PRIVACY
I. ACCOUNT TERMINATION
You may terminate your Account and Profile using the Site by selecting to do so through your Profile. Upon proper termination of your Account and Profile, your right to use the Site and Services will automatically terminate. EXPOND is not a party to any EOD Contract between users. Consequently, users understand and acknowledge that termination of this Agreement or the Terms of Services, or any attempt to do so, does not terminate or otherwise impact any EOD Contract entered into between users.
(i) Account Data on Closure
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any Content stored in your Account for which EXPOND will have no liability whatsoever. EXPOND, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
After termination of your Account, certain provisions will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after the termination of your Account and the Terms of Service. Without limiting any other provisions of the Terms of Service, the termination of your Account and the Terms of Service for any reason will not release you or EXPOND from any obligations incurred prior to such termination, or that thereafter may accrue in respect of any act or omission prior to such termination.
7. CONFIDENTIAL INFORMATION
Users may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the Users do not articulate any different agreement with regard to confidentiality, then they agree that this Paragraph 7 applies. To the extent a user provides information they deem to be confidential (“Confidential Information”) to another user, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a user’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof.
8. USER CONTENT
Once you have registered your Account, you may be permitted to contribute Content on the Site using the Services throughout the duration of this Agreement. At all times, you will retain ownership of your Content and any intellectual property rights attached thereto.By contributing Content on the Site, through the upload or submission of such Content using the Site Services, you hereby agree to grant to EXPOND a worldwide, transferable, perpetual, non-exclusive, royalty-free license to use, copy, reproduce, sublicense, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute, in any and all media or distribution methods now known or later developed (“License”), the Content contributed. You understand that your Content may be used by EXPOND and/or its partners or affiliates and that you may be subject to liability if you do not have adequate rights to authorize the License of such Content. You agree that by allowing EXPOND to License your Content, EXPOND has the right to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, or publication of such Content on other media and services. Without limiting the scope of any Content License, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
With respect to any Content contributed, you represent and warrant the following: (1) you possess the rights necessary to grant a License to EXPOND with respect to your Content; (2) the submission and use of your Content on or through the Site Services or as otherwise contemplated herein does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (3) you will comply with all laws and regulations, and (4) you will comply with all guidelines or other terms EXPOND makes available to you (via the EXPOND Site, Services, or otherwise) related to your use of these services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity that arise as a result of any Content posted by you on or through the Site.
The Content you contribute using the Site Services can be viewed by other users of the Site Services and possibly through third-party websites and services. You agree to only contribute Content that you are comfortable sharing with others. You are responsible for any Content you contribute, whether publicly posted or privately transmitted. We do not claim to monitor or control all Content contributed through the Site Services. We disclaim responsibility for such Content. We reserve the right, but do not have the obligation, to remove or refuse to accept or distribute any Content contributed using the Site Services.
9. FEES AND PAYMENT
Some Site Services require payment of fees, this includes the reservation and/or booking of EOD Activities. Where such fees are owed, they will be stated in United States Dollars on the Site. You agree that you are responsible for the payment of all applicable fees with respect to fee-based Site Services chosen by you, as well as all related taxes or additional charges associated with this fee. Unless expressly stated otherwise, all fees are non-refundable. When making a payment using the Site, you represent to EXPOND that you are the authorized account holder, or an authorized user of, the account associated with the method of payment utilized.
All fee-based Services are provided by EXPOND “as is” with no warranty of any kind. EXPOND may modify and/or eliminate such fee-based Site Services at its discretion. EXPOND may change the prices associated with any fee-based Site Service at any time. Prior to any change in price taking effect, EXPOND will notify you of the change and provide you with the new price(s) by e-mail. EXPOND will also post a notice with such information included on the Site.
10. COPYRIGHTS AND INTELLECTUAL PROPERTY POLICY
We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content are important to EXPOND. If you become aware of misuse of the Site or Site Services by any person, please contact help@goEXPOND.com to report any perceived abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the Site, you will immediately provide notice to us so that we can take appropriate action.
EXPOND has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. To obtain the address of EXPOND’s designated agent for copyright takedown notices and to learn more about EXPOND’s copyright infringement policy, please email us at email@example.com.
11. THIRD PARTY WEBSITES, THIRD PARTY CONTENT, & ADVERTISING
The Site may contain links or references to third-party websites or resources (including but not limited to links provided by other users), as well as Content and other information belonging to or originating from third parties (including but not limited to other users) (collectively, the “Third-Party Sites, Resources, and Content”). You understand that by using the Site, you may be exposed to Third-Party Sites, Resources, and Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge and agree that EXPOND is not responsible or liable, and EXPOND disclaims any liability, for: (1) the availability or accuracy of the Third-Party Sites, Resources, and Content; and/or (2) the content, products, or services on or available from the Third-Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Sites, Resources, and Content or endorse any opinions expressed via the Site. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third-Party Sites, Resources, and Content.
The Site may include advertisements, which may be targeted to the Content provided by you or others through the Site, for example in your booking requests or queries. The types and extent of advertising provided through the Site are subject to change. In consideration for EXPOND granting you use of the EXPOND Site, you agree that EXPOND and its third-party providers and partners may place such advertising on the Site in connection with the display of Content or information whether submitted by you or others.
You agree to indemnify, hold harmless and defend EXPOND (if EXPOND so elects), and the Released Parties, at your expense, from any and all claims, and any and all damages (whether actual, punitive, consequential or otherwise), losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) however arising and in any way related to: (1) your breach of the Terms of Service; (2) your use of Site or Site Services; (3) your involvement, provision or participation in any EOD Activity; (4) your Content; (5) your violations of applicable laws, rules or regulations in connection with the Site or Site Services, or (6) your negligence or willful misconduct related to or arising out of the provision of services as a Professional, or the participation in an EOD Activity as a Client. EXPOND will provide you with written notice of any claim to the extent made by a third party. EXPOND reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if EXPOND exercises such right, you agree to cooperate with EXPOND as reasonably required in the defense of such claim.
13. WARRANTIES AND DISCLAIMER
THE EXPOND SITE, EXPOND SERVICES, AND CONTENT YOU ACCESS THROUGH THE EXPOND SITE SERVICES IS PROVIDED AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY EXPOND, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE EXPOND SITE, EXPOND SITE SERVICES, OR CONTENT YOU ACCESS THROUGH THE EXPOND SITE SERVICES, AND EXPOND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO THOSE THAT COULD BE CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
EXPOND DOES NOT WARRANT THAT THE EXPOND SITE, EXPOND SITE SERVICES OR CONTENT ACCESSED THROUGH THE SITE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE EXPOND SITE OR PROVISION OF THE SERVICES WILL BE AVAILABLE OR UNINTERRUPTED. EXPOND DOES NOT REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE EXPOND SITE, EXPOND SITE SERVICES OR CONTENT ACCESSED THROUGH THE EXPOND SITE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPOND MAKES NO WARRANTY REGARDING THE QUALITY OF THE EXPOND SITE, EXPOND SERVICES, EOD ACTIVITIES OR THE TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE EXPOND SITE SERVICES OR ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE THEM. EXPOND DOES NOT GUARANTEE THE EXPOND SITE WILL BE OPERABLE AT ALL TIMES OR ANY TIME. WITHOUT LIMITING THE EFFECT OF THIS PARAGRAPH 13, YOU AGREE THAT EXPOND WILL HAVE NO LIABILITY FOR UNAVAILABILITY (1) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES, NETWORKS OR SERVERS, (2) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR LOCAL ACCESS SERVICES, (3) FOR MAINTENANCE OR (4) RELATING TO EVENTS BEYOND EXPOND’S CONTROL SUCH AS UNAVAILABILITY OF PROFESSIONALS, NO SHOWS, STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS, GLOBAL PANDEMIC OR INTERRUPTIONS IN INTERNET SERVICES TO AN AREA WHERE EXPOND’S SERVERS ARE LOCATED OR CO-LOCATED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPOND, PROFESSIONALS, OR THROUGH THE EXPOND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE TERMS OF SERVICE AND FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE EXPOND SITE AMENITIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
By agreeing to an EOD Client, Client’s declare that he or she is fully physically, mentally and emotionally fit for and capable of participation in an EOD Activity. Client’s state of fitness includes but is not limited to the following: A) Client’s physical health, well-being and fitness, including but not limited to possessing ability to walk, run, pedal or skate appropriately for the nature of the EOD Activity, B) Client’s mental and emotional well-being appropriate for participation in an EOD, C) Client’s sobriety and lack of being under influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under influence of any other substance which may affect Client’s physical, emotional or mental ability to participate in an EOD Activity, and E) Client’s lack of any condition, disposition, illness, disease, ailment or pregnancy for which participation in an EOD Activity may cause negative or adverse effect(s) to Client’s health or well-being.
Client is additionally aware that images or recordings may be taken during the course of an EOD Activity, and Client hereby grants the Professional and EXPOND permission to the rights of Client’s image, recording, likeness and/or sound of Client’s voice as recorded on an EOD Activity, without payment or any other consideration.
14. LIMITATION OF LIABILITY AND RELEASE.
A. LIMITATION OF LIABILITY.
IN ADDITION TO YOUR RECOGNITION THAT EXPOND IS NOT A PARTY TO ANY EOD CONTRACT ENTERED INTO BY YOU, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EXPOND SITE, SERVICES, AND PARTICIPATION IN THE EOD ACTIVITIES BOOKED THROUGH THE EXPOND SITE REMAINS WITH YOU. NEITHER EXPOND NOR ANY PROFESSIONALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO (1) LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SITE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), (2) PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND (3) INCLUDING CLAIMS STEMMING FROM OR RELATED TO PERSONAL INJURY, ILLNESSES, ACCIDENTS, DEATH, PROPERTY LOSS, OR ANY OTHER LOSS OR GRIEVANCE, ARISING FROM PARTICIPATION ON ANY TOUR, ACTIVITY OR EVENT OFFERED, CONDUCTED OR PROMOTED BY THE COMPANY OR ANY PROFESSIONAL, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE NEGLIGENT, WILLFUL, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS (INCLUDING WITHOUT LIMITATION CLIENTS AND PROFESSIONALS) OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, EXPOND WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY OF YOUR CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE EXPOND SITE SERVICES.
IN NO EVENT WILL EXPOND’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR SERVICES OR THE USE OF OR INABILITY TO USE THE EXPOND SITE OR SERVICES EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE EXPOND SITE AND SERVICES AND ONE HUNDRED DOLLARS ($100).
YOU ON BEHALF OF YOURSELF, ANY PERSON THAT YOU BOOK AN EOD ACTIVITY FOR THROUGH THE EXPOND’S SERVICE (INCLUDING WITHOUT LIMITATION YOUR CHILDREN), YOUR HEIRS, PERSONAL REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS, AND ANYONE ELSE WHO MAY MAKE A CLAIMS ON YOUR BEHALF (RELEASORS), DO HEREBY FULLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE EXPOND, THE PROFESSIONALS, AND THE RELEASED PARTIES (DEFINED ABOVE), FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS OF WHATEVER KIND OR NATURE, ARISING UNDER LAW, EQUITY, STATUTE OR CONTRACT, WHICH ARISE OR MAY HEREAFTER ARISE FROM OR ARE IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN EOD ACTIVITIES OR ACCESS TO THE EXPOND SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY, ILLNESS, LOSS OF LIFE, SELF-HARM, DAMAGE TO PERSONS OR PROPERTY, OR LOSS OF PROPERTY.
THE LIMITATIONS OF DAMAGES AND RELEASE SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPOND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. ALTERNATIVE DISPUTE RESOLUTION
If a dispute arises out of or relates to these terms, or the breach thereof, and if the dispute cannot be settled through negotiation, you (and the parties to the dispute) agree first to try in good faith to settle the dispute by mediation. If the dispute is not settled by mediation, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. THIS IS A WAIVER OF RIGHTS TO A JURY TRIAL, IF ANY.
Upon demanding arbitration, you must give written notice of any claim to EXPOND, setting out the basis of the claim, and proposing the name of an arbitrator, no later than twelve (12) months after the occurrence of the event giving rise to the claim. Otherwise, the claim shall be void and deemed waived even if there is a federal or state statute of limitations which would have given you more time to pursue the claim. Any arbitrator you propose must either be a retired judge or be an attorney who has at least 10 years of relevant experience to the claim at issue. Any responding party to the demand, has twenty (20) business days in which to respond to the arbitration demand in a written answer. If a response is not timely made, or if the responding party agrees with the person proposed as the arbitrator, then the person named by the demanding party will serve as the arbitrator. If the responding party submits a written answer rejecting the proposed arbitrator, then, unless the parties agree on an arbitrator, on the request of either party, the American Arbitration Association will select an arbitrator pursuant to its method of appointment for the Resolution of Commercial Disputes.
You (and the parties to the dispute) are entitled to discovery sufficient to adequately arbitrate the claim(s), including access to essential documents and witnesses, determined by the arbitrator as necessary to a full and fair exploration of the issues in dispute, consistent with the expedited nature of arbitration. No less than thirty (30) calendar days before the arbitration, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within ten (10) business days. Each party may take no more than three (3) depositions, unless additional depositions are allowed by the arbitrator for good cause. All depositions must be completed as of fourteen (14) calendar days before the arbitration hearing. The arbitrator shall have the power to resolve any dispute over the exchange of documents or depositions; issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, or other evidence; to order depositions to be used as evidence; and subject to the limitations above, enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery as if the arbitration were a civil action before a California Superior Court.
The arbitration will take place in Santa Barbara, California at a time and place selected by the arbitrator.
Within fifteen (15) days from the date the hearing is closed, the arbitrator will submit a tentative decision in writing, specifying the reasoning for the decision and any calculations necessary to explain the award. The tentative decision will dispose of each issue submitted to the arbitrator. Each party has 15 days in which to submit written comments to the tentative decision. Within 10 days after the deadline for written comments, the arbitrator will announce the final award in a writing provided to the parties. The arbitrator’s award is subject to judicial review for errors of law or legal reasoning. Before arbitration commences, each party to the dispute will pay the arbitrator half of the expected cost of the arbitration. Unless otherwise ordered by the arbitrator, each party shall pay its own attorneys’ fees, witness fees, and other expenses incurred by the party.
A. ENTIRE AGREEMENT
This Agreement, together with the additional agreements that form the Terms of Service, constitute the complete and exclusive statement of understanding between EXPOND and you regarding the EXPOND Site, Site Amenities and EOD Activities and supersede and replace any prior agreements, representations and communications (both written and oral) between EXPOND and you regarding the Site, Site Amenities, and/or EOD Activities; provided that, if you enter into a separate written agreement with EXPOND, such written agreement will supersede these terms to the extent there is a conflict. You may not assign or transfer the terms herein to any other person or entity. EXPOND reserves the right to assign these terms to any other entity.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without EXPOND’S prior written consent in the form of a written instrument signed by a duly authorized representative of EXPOND. EXPOND may freely assign this Agreement and the other Terms of Service without user’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
C. SEVERABILITY; INTERPRETATION
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
D. FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
E. MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon EXPOND unless they are agreed in a written instrument signed by a duly authorized representative of EXPOND or posted on the Site by EXPOND. Email will not constitute a written instrument as contemplated by this Section 16E. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
F. CHOICE OF LAW
These Terms will be governed by the laws of the State of California without regard to any conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be Santa Barbara, California, and the parties’ consent to personal jurisdiction therein and waive any objection to jurisdiction and venue in such location.
The EXPOND Site and Site Amenities are provided by EXPOND INC., 2020 Alameda Padre Serra #223, Santa Barbara, CA 93103. If you have any questions about the terms contained herein, please contact us at help@goEXPOND.com.