User Agreement

Effective: March 24, 2007
Revision Date: December 6, 2008

Introduction

Welcome to GradeTheWeb.com!  This User Agreement (“Agreement”) sets forth the terms and conditions that apply to your use of the GradeTheWeb.com website (“Site”).  GradeTheWeb.com is a wholly subsidiary of its parent California corporation in which both entities are collectively referred to throughout this Agreement as “we,” “us” or “our”.  Please read this Agreement carefully as it is legally binding between you, and any entity you may represent, and us.  We are the operator of the Site and can be contacted by email at this Contact Us link.

Before using our Site or becoming a member of the Site, you must read, understand and accept all the terms and conditions of this Agreement, which includes the text of this document, our Privacy Policy, and all other documents linked herein.  You may use the Site only if you accept this Agreement in its entirety, without modification.  Your use of our site in any manner constitutes the fact that you have read, understood and accept this Agreement in it’s entirety along with all supporting links.

We reserve the right to change, alter or modify this Agreement at any time and for any reason that we deem necessary or appropriate.  Any changes made will take effect in 10 days, unless we state otherwise.  Your continued use of this Site following any revision we post will constitute your acceptance of the changes we have made.

Any changes to this Agreement will be incorporated into this document and the “Revision Date” will be noted above.  We will attempt to notify registered members of this Site via e-mail when we change and/or modify this Agreement.  However, we encourage you to review this Agreement from time to time to see if it has been revised.  We will also attempt to post a ‘revision notice’ link on the homepage of the Site for all users to see.  This ‘revision notice’ will be posted for a period of no less than 7 days and no more than 14 days.

This Agreement is intended to act in combination with our Privacy Policy.  Please read the two documents together.  This Agreement controls to whatever extent it may conflict with the Privacy Policy.

This Agreement applies solely to our Site and not to any other websites that you may be able to access, link to or reference from our Site (including but not limited to websites framed by us).  Such other websites may have user agreements, data collection, privacy policies, cookies and use practices that differ from us and this Agreement and our terms, cookies and practices.

If you have questions regarding this Agreement or the use of our Site, please feel free to email us by using this Contact Us link.

1. Available Service Area and Residency:

The search engine feature of this Site is currently offered for use worldwide and is available to use in any country where our specific Site and search engine service is allowed and not prohibited by the current or existing laws or regulations within that specific country or province.  All other services offered by this Site are available for use only by legal U.S. residents located within the United States of America and its Territories.

2. Minimum Age Requirements:

All features and/or services offered on this Site requires users to be a legal adult and at least 18 years of age or older.  This includes but is not limited to turning off the search filter in order to view unfiltered search results.  The filter default is set to the on position when a computer visits our Site for the first time.  Once the filter is manually turned off, it will remain off each time that computer visits our Site until such a time that it is manually turned on again.

3. Privacy Policy:

Your privacy is of extreme importance to us.  Please visit our Privacy Policy to view the full details in how we protect your privacy.

4. Overview of Our Site:

Our Site provides a platform for users and members to access and use our search engine in which our users can submit grades for each of the search results we provide.  We then calculate the grades submitted by our users for a specific result and then display an average grade next to that result on the search results page.  All users of our Site can then view these grades displayed next to each result on the search results page.  The highest grades indicate which results our users liked best for that specific search query.

Our Site may also allow or invite you to advertise or use blogs, chat rooms, social networking groups, e-mail programs, message boards, forums, news groups, instant live messaging, buying and selling forums or auctions, and/or similar communication channels.  We may also offer you the ability to register and become a member on our Site.

5. Grading Websites:

Each time you search the web using our Site, you’ll see a grade next to each of your results.  These grades come from our users who have visited those websites.  Anyone can submit grades – including you.  There is no need to register or sign in to submit grades.  You’ll see grades ranging from A to F next to each result.  The highest grades tell you which websites are liked best according to our users.  If no grades have been submitted for a particular website yet, then you’ll see the words, “Not Graded Yet” next to that result. 

When you do a web search, you’ll be taken to the results page.  When you click on one of the results, you’ll be taken directly to that specific website.  When that website page opens, you’ll notice a thin Grade Bar at the top of the page directly under your browser (this technique is called ‘framing’). 

This Grade Bar allows you to instantly grade the website you’re looking at by simply clicking on one of the grade buttons.  The grade you submit will immediately be combined with the grades other users have submitted for that same website.  An average grade is then automatically calculated and displayed next to that website link each time it appears on our search results page.  Please note that submitting grades is not required or mandatory.  You do not need to register, sign-in or submit grades in order to use our search engine and get results. 

Once you click one of the grade buttons, the Grade Bar will change showing you the grade you submitted for that website.

For more information on our Grade Bar and grading, please visit our How Grades Work link.

All grades received and presented on our Site are provided to us by our users.  We calculate all grades submitted by our users for each website link they grade in conjunction with the search term they queried in order to provide an average grade per each specific link.  We take no responsibility for the grade displayed for each specific website link listed on the search results as they are a combined average from our user’s submissions for each specific link.  Since grades are submitted by our users and are based upon their own opinions, we make no claims and take no responsibility as to the accuracy of each grade.  Likewise, we make no claims and take no responsibility as to the outcome or effect an overall average grade may have and the impact that may result to a specific website, company, person, entity or link whether it be positive, neutral or negative.  We also make no claim and take no responsibility as to the outcome or effect that the placement, positioning or non-appearance of a website and/or result link on our search results may have and the impact that may result to a specific website, company, person or entity whether it be positive, neutral or negative. 

6. Why You May See Different Grades for the Same Website:

You may notice that the same website result may display a different grade when searched using a different word or phrase in your search term query.  This is due to the high level of integrity in our grading system which allows our users to grade the same website result differently when it shows up under different search terms.  This method provides you with the most accurate grades possible since our users grade the website results based upon each specific search term they use.  Thus, the same website result may display different grades depending upon the words or phrase you searched.  For example:  if you search using the words “DOG TRAINING INFORMATION”, you may see a specific website with an “A” grade because our users agree that this specific website offers great information on dog training.  However, if you type in “DOG TRAINING SUPPLIES”, you may find that this same website now has a much lower grade because our users agree that this website offers either minimal or overpriced dog training equipment. 

So as you can see, each website result is graded independently by our users based upon the words or phrase typed in for the search query.  Please note that you can grade each website result only once per search term.  However, you will be able to grade the same website result again if it shows up under a different search word or phrase.  Thus, the same website can show different grades depending upon the search term you used.  This concept maximizes the precision of our grading system and provides you with the most relevant and accurate grades possible.

7. Changing Your Grade:

You can grade each website only once per search term word or phrase.  You will not be able to submit multiple grades for the same website when using the same search term.  This strategy allows us to maintain the highest level of quality and integrity in our grading system while providing you with the most accurate grades on your search results.  Please note that although you cannot submit multiple grades per website while using the same search term, you are allowed to change your grade for any website result at anytime.  You can do this by simply clicking on the “Change your grade” link on the Grade Bar.  You will then be able to select a new grade by clicking on one of the grade buttons.  Changing your grade will remove your previous grade from the calculations and your new grade will take its place.  (Please also note that ‘Sponsored Links’ or ‘Ads’ cannot be graded as the Grade Bar will not appear because they are paid listings).

8. Hiding the Grade Bar and Turning it “On” or “Off”:

To find out how to hide the Grade Bar or turn it on or off, please visit our How Grades Work link.

9. Framing – Links – Third Party Websites:

When clicking on one of the search results on the results page, you’ll be taken to that specific website you selected.  You will see that in most cases, the website has been ‘framed’ by us in order to provide you the small Grade Bar for you to grade the website.  Framing a third-party website allows us to place our Grade Bar (and/or other types of service oriented bars) at the top the website’s page directly under your browser.  In the case of the Grade Bar, it allows you to easily grade the website you’re viewing.

In some cases, when clicking one of the many search categories and/or links we offer on our Site, you may find that we simply link you to a third-party website that may not necessarily be affiliated with us.  At times, we may utilize this strategy for specific links and/or search categories you select in order to bring you to a website that specializes in providing the specific type of data you’re looking for.  This enables you to easily retrieve the most relevant data you’re seeking while conveniently using our Site as the central portal for your searches.  In this case, you may oftentimes see that the website we link you to is ‘framed’ by us.  The frame is generally a small thin bar that you’ll see at the top of the website page located under your browser.  The bar on the framed website simply allows you to easily go back to our Site, and/or use services from our Site directly from the bar.  In some cases, the bar may be a simple Grade Bar with grading buttons and in other cases, the bar we provide may offer a search box or other services/features and/or links to other websites.  You can hide or remove the bar by simply clicking on the ‘Close’ or ‘Hide’ link on the bar.  We also reserve the right to modify, alter and/or change the size, functionality, purpose and overall appearance of our bars at any time along with the positioning of the bar on a framed page. 

Please note that when you link to any website in any manner by utilizing any service on our Site, you are then technically on that specific website even though we may have possibly framed that website.  We are not responsible for any content, offers, products, information or actions provided, offered or initiated by these other websites even though they were linked to by us and/or possibly framed by us.  Even though we may have linked to and/or framed one of these websites, this does not indicate that we are affiliated with the website, company, person or entity in any way.  Our linking to and/or framing of any website or link does not indicate that we endorse, sponsor or approve that website, company, person and/or entity in any way or manner.  Likewise, our linking and/or framing of any website, company, person and/or entity does not necessarily indicate that they approve and/or endorse our Site nor does it mean that they have affiliated themselves with us in any manner.

This Agreement covers only our terms of usage and not the user terms other websites may utilize (even though these other websites may have been linked to and/or framed by us).  If you link to a web page or website from our Site in any manner, (whether the website is framed by us or not), such as might occur if you click on a search result, link, search category, banner, advertisement, sponsored link or otherwise, there may be different user agreement terms, privacy policy terms and cookies instituted and placed from that web page or website that we do not control.

10. Prohibited Grading Techniques:

It is a violation of this Agreement to use ‘bots’ or automated grading or searching systems or software.  It is a violation to use either an automated system or to manually submit grades for the same website repetitively and/or continuously under the same search term or phrase.  It is also a violation to attempt to submit multiple grades per website in any manner under the same search term or phrase in order to artificially manipulate or skew the grade for a specific website to make the grade appear either higher or lower and thus affect the legitimate integrity and quality of that grade as determined by our users.  Deleting our cookies from your computer for the purpose of submitting multiple grades for the same website under the same search term or phrase is in violation of this Agreement.  Anyone caught in violation of our Privacy Policy or this Agreement may have their membership terminated and/or their ISP address blocked by our servers so that they will be unable to access our website and use our Site.  For complete information on our grading system and how to correctly submit grades, visit our link How Grades Work.

11. Grade Calculations:

We utilize a precise mathematical formula to calculate the grades our users submit to us.  This formula produces very accurate ‘average’ grades based upon all grades submitted per each website result.  Although we choose not to divulge our proprietary mathematical formula, we can tell you that calculations used are extremely precise, fair and accurate.  A very simple example would be as follows:  If 10 people submitted “A” grades for a specific result and 10 other people submitted “F” grades for that same result, the average grade we would display would be a “C” grade.  Here’s one more simple example:  If 10 people submitted “A” grades for a specific result and 14 other people submitted “B” grades for that same result, the average grade we would display would be a “B+” grade.  You can be assured that our grade calculations are extremely accurate. 

12. Filtered Search Results:

The automatic default on our Site has the search results set in a moderate ‘filtered’ mode.  Each time a new computer comes to our Site for the first time, the filter is automatically set to the ‘on’ position.  It will stay that way until the user manually turns the filter off.  This mode attempts to filter out most of any potentially offensive and vulgar material and/or sexually oriented adult material.  Please keep in mind that the filtering process is subjective and thus we cannot guarantee that all objectionable content and material will be omitted.  Although we make every attempt to filter out most of this type of material while in the filtered mode, we take no responsibility and make no representations, claims, warranties, or guarantees that all this type of material will be filtered and omitted.  When conducting searches while in the filtered mode, you may still come across some material that you find vulgar, unsuitable and/or offensive and sexually oriented in nature.

We may offer a filter switch by providing a “Preferences” or “Settings” link which allows you to turn the filter off.  Turing the filter off removes all filtering restrictions and will allow all potentially offensive and/or vulgar material to display including but not limited to sexually oriented adult material.  You must be a legal adult and at least 18 years of age in order to turn the filter off.  We take no responsibility as to the content that may be presented both while in filtered mode and when the filter is turned off.  You can also turn the filter back on again once it has been turned off.

Some of the search categories we offer are provided via alternate websites.  In some cases, when clicking one of the many search categories and/or links we offer on our Site, you may find that we simply link you to a third-party website that may not necessarily be affiliated with us.  At times, we may utilize this strategy for specific links and/or search categories you select in order to bring you to a website that specializes in providing the specific type of data you’re looking for.  In these cases, we have no control over the type of data, information, images or offers that will be presented for your search.  Such results in these cases may be unfiltered and thus may show potentially offensive, vulgar and/or sexually oriented adult material.  We take no responsibility for the content, quality or accuracy of data provided through these sources.

13. Search Engine and Sponsored Links:

We will attempt to provide you with the most accurate and relevant search results based upon the keyword or phrase you input as your search query.  We will not be liable or responsible for any content and/or links that may be presented that you may find objectionable or offensive.  The search results, ads and sponsored links we provide on our Site may be generated from a third party (or multiple third parties) and/or may be generated by our own servers, search programs, internal advertising programs and/or a combination thereof.  We reserve the right to change our providers, programs and/or the manner in which our search results, ads and sponsored links are generated and presented at any time.  By using our search engine, you agree that we will not be liable or responsible for any of the content and/or offers, products, services, conduct, etc. presented through our search results and/or advertisers.  Likewise, we will not be responsible for the grades and/or their relevance and/or accuracy as such grades are provided by our users.  We will not be responsible for the positioning, placement and/or non-appearance of any search result in the organic area of the search results page and/or any ads in the sponsored link or ad area.

Although all grades are submitted by our users, the actual search results presented for various ‘search categories’ we offer may be generated by our own custom search engine and proprietary software and/or through a data retrieval engine powered by an alternate company or website and/or a combination of both.  In any case, we may post sponsored and/or advertiser links to your search results page based upon the keywords in your search, your past search history, your Personal Information, your buying/selling preferences on our Site (or framed website links), and/or based on any other services or features you use on our Site.  (Please note that you can find our definition and description of ‘Personal Information’ on our Privacy Policy).  We take no responsibility for the products, services or advertisements offered on our Site from these sponsored links and/or advertisements or any third-party.  As some search categories we offer may or may not be powered by an alternate company, engine or database, we take no responsibility for the data and presentation of the information being provided, either organic, paid listing or otherwise.

14. Other Uses of Our Site:

Our Site may also allow or invite you to advertise or use blogs, chat rooms, social networking groups, e-mail programs, message boards, forums, news groups, instant live messaging, buying and selling forums or auctions, and/or similar communication channels.  Please note that any information you share in such channels may become public information that is available for others to see and extract.  We will not be able to safeguard any information that you openly provide to third parties via our Site or otherwise, so please act with caution.

We primarily generate revenue from affiliates, advertisers and third parties who post advertisements, sponsored links and banners on our Site and on our search results page.  They may also pay us to send special offers by e-mail to our members who have agreed to accept such e-mail from us.  We may also generate revenue and/or profit by selling items we offer on our Site.  We are not limited to these revenue generation methods. 

15. Registration as a Member and Suspension/Termination of Membership:

You do not have to sign-in or become a member on our Site in order to use our search engine and get results.  You may register and become a member of our Site for free.  We do not charge a registration or membership fee.  If you choose to become a member, you will be required to provide personally identifiable information.  You agree that all information you provide to us when you register and whenever you update your registration will be truthful.  Should you choose to sign-in or register on our Site as a member, the user name that you select will be how you are identified to other viewers and users of our Site.  Please see the Privacy Policy link for a description of our information collection and security practices.

Membership termination may occur voluntarily or involuntarily.  You may terminate your member status and close your account by contacting us by e-mail at our Contact Us link.  We may limit, suspend or terminate your member status and close your account at any time and for any reason we deem necessary or appropriate.  Upon termination, all fees and charges, (if any), owed to us are immediately due and payable.  If we have limited, suspended or terminated your membership, you may not circumvent the action we have taken by registering new memberships and/or operating on our Site under other user names.

16. Username and Password:

You should take precautions to protect your password and keep it private as this is the key to your account.  When creating your password, you should use a unique combination of numbers and/or letters that are not obvious.  The password you create should not be disclosed to anyone.  If you choose to share your password with others, they will have full access to your account on our Site and any of your Personal Information you provided.  You are responsible for any and all actions on our Site taken by anyone who has obtained your user name and password even if those actions were taken by another individual.  If you feel your password has been compromised or if you are concerned that someone else has your password, you should change your password immediately by signing in and then opening your account information and then editing your profile and/or password. 

17. No Spam, Spyware or Extraction of Information:

Spam (unsolicited e-mail) is unacceptable and forbidden on our Site.  Any users/members caught spamming, or collecting information on other users/members, or otherwise inappropriately using the Site will be in violation of this Agreement.  Anyone caught in violation of the Privacy Policy or this Agreement may have their membership terminated and/or their ISP address blocked by our servers so that they will be unable to access our website and use our Site. 

18. Account and Password Protection:

Beware of scam artists who might masquerade as us in an attempt to get your Personal Information and/or password.  Should we ever need to validate or obtain Personal Information from you, we will contact you and direct you to provide the requested information through our Site using our correct Site address (www.GradeTheWeb.com).  Even if the request appears to come from us, do not provide any Personal Information except through our correct Site address.  Please contact us promptly to report any suspicious communications.

19. Our Communications with Users and Members:

As an Internet-based business, we primarily use e-mail to communicate with you regarding your relationship and transactions with us.  We also may choose to communicate with you via U.S. Mail, overnight delivery, telephone and facsimile, using the contact information that you provide.

Upon your choosing to register as a member on our Site and with your affirmative consent, we will use your e-mail address(es) to send you messages with the purpose of promoting the use of our Site and/or the purchase of products or services unrelated to our Site.  You may consent to the receipt of such e-mail when you purchase an item from out Site or when you sign up as a member or any time thereafter.  You may withdraw your consent by notifying us at the Contact Us link, or by following other instructions that we may provide.

20. Prohibited Conduct:

We reserve the right in our sole discretion to suspend or terminate your membership and/or block your ISP address from connecting to the GradeTheWeb.com Site at any time for any reason we deem necessary or appropriate.  Without limiting our discretion, you specifically agree that you will not at any time:

• use our Site for any unlawful or improper purpose
• attempt to fraudulently manipulate grades in any manner
• use any form of software, programming and/or hacking to tamper with the Site and/or to manipulate grades or produce automated searching
• fraudulently and/or repetitively click on ads or sponsored links
• post defamatory, inaccurate, misleading, retaliatory or libelous information on the Site
• communicate in a way that is hateful or offensive to a member of any group
• run ads or sponsored links on our Site that violate our content requirements (such as linking to pornographic websites).
• run ads or sponsored links on our Site using keywords that aren’t directly related to your ad and/or website
• copy, modify, export or distribute any portion of our Site for use on any other website or in any other venue or format, without our prior express permission
• infringe on any copyrights, trademarks, patents, trade secrets, publicity rights or other proprietary rights that belong to us or to any third party
• attempt to circumvent our fee structure
• distribute viruses, spyware, spam or other harmful or objectionable content on our Site or to our users or members
• fail to pay in full for an item you purchase
• violate any terms and conditions of this Agreement or our Privacy Policy

21. Releases, Limitation of Liability and Indemnification:

The releases, liability limitations and indemnity rights set forth below inure to the benefit of us, our parent or subsidiary entities (if any), our successors and assigns (if any), and our shareholders, investors, directors, officers, employees and agents.

All grades received and presented on our Site are provided to us by our users.  We calculate all grades submitted by our users for each website link they grade in conjunction with the search term they queried in order to provide an average grade per each specific link.  We take no responsibility for the accuracy, outcome or otherwise of the grade displayed for each specific website link listed on the search results as they are a combined average from our user’s submissions for each specific link.  Since grades are submitted by our users and are based upon their own opinions, we make no claims and take no responsibility as to the accuracy of each grade.  Likewise, we make no claims and take no responsibility as to the outcome or effect an overall average grade may have and the impact that may result to a specific website, company, person, entity or link whether it be positive, neutral or negative.  We also make no claim and take no responsibility as to the outcome or effect that the placement, positioning or non-appearance of a website and/or result link (whether an organic result or sponsored ad or link) on our search results may have and the impact that may result to a specific website, company, person or entity whether it be positive, neutral or negative. 

Since we do not necessary control, endorse and/or inspect each ad, sponsored link and/or search result link based on your keyword, (and their respective websites and/or offers), that are displayed and presented on our Site, you understand and agree that we are not liable for, and you will not seek to hold us liable for, any representations or conduct of anyone who advertises on our Site or any search result links (organic or otherwise) generated from your keyword or for any websites we link to and/or frame.  For example, and without limitation, we do not and cannot promise that any express or implied statements and/or products, services and opportunities offered by advertisers or search result links or websites we link to and/or frame are real, legitimate and true; that sellers actually own or have the items or services they are offering; that the items or services they are offering are legal, safe, useful, in good condition, or free from defects; that sellers will deliver items or services as described and in a timely manner; that items or products are genuine and not counterfeit or illegally obtained; or that trademarks, service marks and/or patents are not being infringed upon .  We do not and cannot promise that you will not find objectionable and/or offensive material, content, language, discussions and/or images on our Site.

We likewise do not and cannot promise that our Site will operate in a continuous, flawless or secure manner.  Outages, malfunctions and system failures caused by any number of foreseeable or unforeseeable factors may occur on our Site.  We may take the Site offline to make upgrades or perform maintenance, and that downtime may interrupt or affect your involvement, activity and/or usage of our Site.  You agree that we are not liable for, and you will not seek to hold us liable for, any outages, downtime, malfunctions or system failures on our Site.

We are not liable for, and you will not seek to hold us liable for, any losses or damages that you might sustain in connection with your use of our Site, including but not limited to your actual or attempted acquisition or use of any items listed on our Site; the buying and selling of items on our Site; the information exchanged and/or obtained; the discussions, postings and dialog; social networking and links and/or framing to other websites.  Likewise, we are not liable for, and you will not seek to hold us liable for, any losses or damages that you might sustain in connection with your use of our Site for information provided on our Site or via our advertisers or through websites that we link to and/or frame including but not limited to; stock and investing information; weather; ‘how to’ information; business opportunities; dating; relationship information; counseling; politics; exercise and physical information; medical information; pharmaceuticals; travel information; financial advice; general and specific information and otherwise.  We disclaim any and all implied guarantees, warranties and covenants to the greatest extent allowed by law. 

You release and discharge us from liability for any and all claims, causes of action and damages that you might have against us, now or at any time in the future, arising directly or indirectly from any person’s use of the Site or ads, sponsored links or search results displayed (organic or otherwise) and from any websites we link to and/or frame.  You provide this release knowing that any information provided or items sold or purchased on or through the Site (or via ads or other websites we link to and/or frame) may be severely hazardous to persons or property, and that the hazards may not be obvious or expressly disclosed.  You waive any protection you may have under California Civil Code section 1542, which provides: “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.”

Notwithstanding the releases and liability limitations in this Agreement, in the event that we are found liable, you agree that our liability to you or a third party shall be no more than the greater of (a) the purchase price you paid to us (in the event we are the buyer of the item in question), (b) the total fees you paid to us as an advertiser during the six months before the last event giving rise to liability, or (c) the sum of $250.

You further agree to indemnify and hold us harmless from any lawsuit, claim, cause of action or demand by any third party that relates directly or indirectly to you and/or your activity and/or advertising on our Site, including without limitation your breach of this Agreement, your violation of any applicable law, or your violation of any person’s legal rights.  Your indemnity obligation includes without limitation the payment of our reasonable attorneys’ fees and legal expenses.

22. Reservation of Our Rights:

We reserve all rights in our Site.  You may not copy, reproduce or display any portion of our Site, nor may you use or employ any of our trademarks, service marks and/or patents without our prior express written permission.   

23. Applicable Law and Dispute Resolution:

Please let us know as soon as possible if you have any concern relating to our Site so that we can attempt to resolve your concern.

You agree that this Agreement shall be governed by the laws of the State of California without regard to conflict of law principles.  This means that California law will govern the interpretation and enforcement of this Agreement regardless of where you live or work, and regardless of where any transaction is performed or to be performed. 

If a dispute arises between you and us, and it is not resolved by mutual agreement, you agree that the dispute will be adjudicated in the Superior Court of California in and for the County of Sacramento, and you consent to the jurisdiction of that court. 

You agree to bring any claims that you may have against us within one year of the date they accrue, regardless of any longer statute of limitations that otherwise might apply.

24. General:

Any trademarks, service marks, brand names or product names that you may find on our Site (or through framing methods used on our Site) are the property of their respective owners and do not indicate affiliation with or endorsement by their respective owners.

We may not take prompt action, or any action, to remedy each breach of this Agreement, but our forbearance shall not be deemed a waiver of our right to enforce any provision of this Agreement including any provision previously breached in which no action was taken on our part.

We reserve the right to correct mistakes or typographical errors on our Site at any time.

If any part of this Agreement is found to be invalid or otherwise unenforceable, the remaining portions shall be enforced.

This Agreement, including any writings on our Site that are referenced in this Agreement, sets forth the entire understanding of the parties with respect to the subject matter hereof, and any modifications must be in writing and expressly approved by us.

25. Contacting Us:

If you have any questions or comments pertaining to this Agreement, please use the Contact Us link to contact us via email.