Terms of Use

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Userve Inc, 1000 N West Street, Suite 1200, Wilmington, DE 19801.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
• Goods refer to the items offered for sale on the Service.
• Orders mean a request by You to purchase Goods from Us.
• Promotions refer to contests, sweepstakes or other promotions offered through the Service.
• Service refers to the Website.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Userve, accessible from https://www.userve.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

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Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

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Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

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Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

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Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

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Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

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Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

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User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

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Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

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Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

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Commercial Support

What is Commercial Support?

Commercial support is defined as financial or in-kind contributions given by a commercial interest that are used to pay all or part of the input costs associated with business activity. In-kind contributions refers to loans and/or donations of assets (liquid or non-liquid).

Commercial Support Status

Userve Inc. commits to disclose the details in the event that defined commercial interests contribute funds, services or goods for the development of program materials and activities.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

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“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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Complaints Process

Userve is committed to providing a fair and transparent complaint handling process.

What is a complaint?

A complaint is generally negative feedback which has not been resolved locally. It could be about the Userve services or staff, a third party that provides services on behalf of Userve or a user of Userve’s products. A complaint may be received by Userve in any form and does not need to be formally documented by the complainant in order to be acted on. Complaints may be made by any person but are generally made by students, candidates, and/or employers.

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Early resolution of complaints

In all cases, issues that arise during participation in any learning or certification activity should be resolved at the time they occur between the persons involved. It can often be the case that a complaint can be avoided by appropriate communication and consultation with students or candidates at the time a decision is made.

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Relationship to continuous improvement

The outcomes of the complaints handling system are entered into the continuous improvement system as opportunities for improvement. This outcome of complaints handling is very positive and should be actively applied by all persons involved. It is for this reason that complaints received from stakeholders should be seen in a positive light and as opportunities for improvement, as well as assisting with the identification of other potential causes of complaints.

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Complaint handling principles

Userve will apply the following principles to its complaints handling:

• A written record of all complaints is to be kept by Userve including all details of lodgement, response and resolution. The Complaints Register is to be used to record the details of the complaint and to maintain a chronological journal of events during the complaint handling process. Records relating to complaint handling must be stored securely to prevent access by unauthorized personnel.
• Those engaged in the complaints resolution are different from those involved in the issue of the complaint.
• A complainant is to be provided an opportunity to formally present their case at no cost. This is normally conducted via telephone.
• Each complainant may be accompanied and/or assisted by a support person at any relevant discussion.
• All parties involved in the complaint will be informed of any allegations associated with the complaint and be provided with an opportunity to present their side of the matter.
• The complaints policy must be publicly available. This means that the complaints policy and procedure must be made publicly available through the website(s).
• The handling of a complaint is to commence within seven (7) working days of the lodgement of the complaint and all reasonable measures are taken to finalize the process as soon as practicable.
• The complainant is to receive written acknowledgement of the complaint being registered within seven (7) working days of the lodgement of the complaint.
• The complainant is to be provided a written response to the complaint, including details of the reasons for the outcome. A written response must be provided to the complainant within fourteen (14) days of the lodgement of the complaint.
• Complaints must be resolved to a final outcome within sixty (60) days of the complaint being initially received. Where the Userve Head of Customer Service or an authorized delegate considers that more than 60 calendar days are required to process and finalize the complaint, the Head of Customer Service or an authorized delegate must inform the complainant in writing, including reasons why more than 60 calendar days are required. As a benchmark, Userve should attempt to resolve complaints as soon as possible. A timeframe to resolve a complaint within thirty (30) days is considered acceptable and in the best interest of Userve and the complainant. A complainant should also be provided with regular updates to inform them of the progress of the complaint handling. Updates should be provided to the complainant at a minimum of four (4) weekly intervals.
• Userve, where relevant, shall maintain the registration of the complainant during the complaint handling process.
• Decisions or outcomes of the complaint handling process that find in the favor of the complainant shall be implemented immediately.
• Complaints are to be handled in the strictest of confidence. No Userve representative is to disclose information to any person without the permission of the Userve Head of Customer Service or an authorized delegate. A decision to release information to third parties can only be made after the complainant has given permission for this to occur. This permission will be given using the Information Release Form.

Complaints are to be considered and handled to ensure the principles of natural justice and procedural fairness are applied at every stage of the complaint handling process. This means that the complainant is entitled to be heard with access to all relevant information and with the right of reply. The complainant is entitled to have their complaint heard by a person that is without bias and may not be affected by the decision. Finally the decision must be made based on logical evidence and the decision-maker must take account of relevant considerations, must act for a proper purpose and must not take into account irrelevant considerations.

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Review by external agency

Where the complainant is not satisfied with the handling of the matter by Userve, they have the opportunity for a body that is independent of Userve to review his or her complaint following the internal completion of the complaint handling process. In these circumstances the Userve Head of Customer Service or an authorized delegate will advise of an appropriate party independent of Userve to review the complaint (and its subsequent handling) and provide advice to Userve in regards to the recommended outcomes. This advice is to be accepted as final and advised to the complainant in writing.

Userve considers that it would be extremely unlikely that complaints and appeals are not able to be resolved quickly within Userve internal arrangements.

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Complaints Handling Procedure

Matters that cannot be resolved at the time they occur will be referred to Userve or an authorized delegate for review. The following procedure is to be followed when a complaint is received:

• A complaint is received by Userve and is to be immediately recorded into the Userve Complaints Register.
• The complaint is to be forwarded to the Head of Customer Service or an authorized delegate who is to review the matter and make recommendations as to how to respond to the matter. The Head of Customer Service or an authorized delegate may choose to consult with the complainant, with others within Userve or relevant agencies external to Userve in determining their recommendations.
• The Head of Customer Service or an authorized delegate may choose to make inquiries about the matter or may task another person to research the matter against relevant policy.
• The Head of Customer Service or an authorized delegate is to commence their review of the complaint within seven (7) working days from the date the complaint was submitted.
• Written acknowledgement is to be sent to the complainant providing acknowledgement of the complaint within seven (7) working days of the lodgement of the complaint.
• The Head of Customer Servicer or an authorized delegate is to finalize their response to the complainant and provide the complainant a response as soon as possible but no later than fourteen (14) working days from when the complaint was submitted.
• The Head of Customer Service or an authorized delegate is to communicate the response to the complainant in writing. The Head of Customer Service or an authorized delegate is to seek feedback from the complainant about their level of satisfaction with the complaint outcome and advise the complainant of their options if they are not completely satisfied with the outcome.
• Where the complainant is not satisfied with the outcome of the complaint handling, the Head of Customer Service or an authorized delegate is to arrange for the complaint to be considered by an appropriate independent third-party. The independent third-party is required to respond with their recommendations within fourteen (14) days of their review being requested.
• The response to the complainant must include information that demonstrates that the matter was thoroughly reviewed and what actions and outcomes have been identified as a result of the complaint.
• Opportunities for improvement that were identified as a result of the complaint are to be logged by the Head of Customer Service for immediate triage and prioritization. The Head of Customer Service or an authorized delegate may, at their discretion, follow-up with the complainant after consideration by the Management Team to inform the complainant of the improvement actions identified.
• The Complaints Register is to be kept up to date at all times to accurately reflect how the matter was responded to and the duration from the date the complaint was received to the date the complaint was resolved.

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Appeals Process

Userve is committed to providing a fair and transparent appeals handling process.

What is an appeal?

An appeal is a request for reconsideration of an unfavorable decision or finding during their time with Userve. An appeal must be made in writing and specify the particulars of the decision or finding in dispute. Appeals must be lodged within twenty eight (28) working days of the student or candidate being informed of the decision or finding.

It is important to note that a person may appeal any decision including but not limited to assessment outcomes or administrative decisions that Userve may make. An example of an administrative outcome that may be appealed can be associated with a decision to deny a refund. As the process for handling an assessment or exam appeal compared with an appeal of an administrative decision is slightly different, this difference has been catered for within this policy with adjusted processes for both situations.

The appeals policy applies to Userve and any third parties providing services on Userve's behalf.

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Early resolution of appeals

In all cases, issues that arise during training, assessment, or certification should be resolved at the time they occur between the persons involved. It can often be the case that the decision to make an appeal can be avoided by appropriate communication and consultation between relevant parties at the time a decision is made.

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Relationship to continuous improvement

The outcomes of the appeal handling system are entered into the continuous improvement system as opportunities for improvement. This outcome of appeals handling is very positive and should be actively applied by all persons involved. It is for this reason that appeals received from stakeholders should be seen in a positive light and as opportunities for improvement, as well as assisting with the identification of other potential causes of appeals.

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Appeal handling principles

Userve will apply the following principles to its appeals handling:

• A written record of all appeals is to be kept by Userve including all details of lodgement, response and resolution. The Appeals Register is to be used to record the details of the appeal and to maintain a chronological journal of events during the appeal handling process. Records relating to appeal handling must be stored securely to prevent access by unauthorized personnel.
• Those engaged in the appeal resolution are different from those involved in the issue of the complaint.
• An appellant is to be provided an opportunity to formally present their case at no cost. This is usually conducted via telephone or email.
• Each appellant may be accompanied and/or assisted by a support person at any relevant discussion.
• All parties involved in the appeal will be informed of any allegations associated with the appeal and be provided with an opportunity to present their side of the matter.
• The appeals policy must be publicly available. This means that the appeals policy and procedures must be made publicly available through the website(s).
• The handling of an appeal is to commence within seven (7) working days of the lodgement of the appeal and all reasonable measures are taken to finalize the process as soon as practicable.
• The appellant is to receive written acknowledgement of the appeal being registered within seven (7) working days of the lodgement of the appeal.
• The appellant is to be provided a written response to the appeal, including details of the reasons for the outcome. A written response must be provided to the appellant within fourteen (14) days of the lodgement of the appeal.
• Appeals must be resolved to a final outcome within sixty (60) days of the appeal being initially received. Where the Userve Head of Sales and Customer Service or an authorized delegate considers that more than 60 calendar days are required to process and finalize the appeal, the Head of Sales and Customer Service or an authorized delegate must inform the appellant in writing, including reasons why more than 60 calendar days are required. As a benchmark, Userve will attempt to resolve appeals as soon as possible. A timeframe to resolve an appeal within thirty (30) days is considered acceptable and in the best interest of Userve and the appellant. An appellant will also be provided with regular updates to inform them of the progress of the appeal handling. Updates will be provided to the appellant at a minimum of four (4) weekly intervals.
• Userve shall where relevant, maintain the registration of the appellant during the appeal handling process.
• Decisions or outcomes of the appeal handling process that find in the favor of the appellant shall be implemented immediately.
• Appeals are to be handled in the strictest of confidence. No Userve representative is to disclose information to any person without the permission of Userve Head of Sales and Customer Service or an authorized delegate. A decision to release information to third parties can only be made after the appellant has given permission for this release to occur. This permission will be given using the Information Release Form.

Appeals are to be considered and handled to ensure the principles of natural justice and procedural fairness are applied at every stage of the appeal handling process. This means that the appellant is entitled to be heard with access to all relevant information and with the right of reply. The appellant is entitled to have their appeal heard by a person that is without bias and may not be affected by the decision. Finally the decision must be made based on logical evidence and the decision-maker must take account of relevant considerations, must act for a proper purpose and must not take into account irrelevant considerations.

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Review by external agency

Where the appellant is not satisfied with the handling of the matter by Userve, they have the opportunity for a person that is independent of Userve to review their appeal following the internal completion of an appeal handling process. In these circumstances, the Userve Head of Sales and Customer Service or an authorized delegate will advise of an appropriate party independent of Userve to review the appeal (and its subsequent handling) and provide advice to Userve in regards to the recommended outcomes. This advice is to be accepted as final and advised to the appellant in writing.

If the appellant is seeking a refund of their course or exam fees based on an unfavorable outcome, this may be considered by the Head of Sales and Customer Service or an authorized delegate on its merits, and not referred to an external agency for resolution.

Userve considers that it would be extremely unlikely that appeals are not able to be resolved quickly within Userve internal arrangements.

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Appeals Handling Procedure

The following procedure is to be followed when an application to appeal a decision is received:

• An application to appeal a decision is received by Userve and is to be immediately recorded into the Userve Appeals Register. An application to appeal a decision must be submitted in writing.
• The application to appeal a decision is to be forwarded to the Head of Sales and Customer Service or an authorized delegate who is to review the matter and make recommendations as to how to respond to the matter. The Head of Sales and Customer Service or an authorized delegate may choose to consult with the appellant, with others within Userve or relevant agencies external to Userve in determining their recommendations.
• The Head of Sales and Customer Service or an authorized delegate may choose to make inquiries about the matter or may task another person to research the matter against relevant policy or legislation.
• The Head of Sales and Customer Service or an authorized delegate is to commence their review of an appeal within seven (7) working days from the date of the appeal being submitted.
• Written acknowledgement is to be sent to the appellant providing acknowledgement of the appeal within seven (7) working days of the lodgement of the appeal.
• The Head of Sales and Customer Service or an authorized delegate is to finalize their response to the appellant and provide the appellant a response as soon as possible but no later than fourteen (14) working days from when the appeal was submitted.
• The Head of Sales and Customer Service or an authorized delegate is to communicate the response to the appellant in writing. The Head of Sales and Customer Service or an authorized delegate is to seek feedback from the appellant about their level of satisfaction with the appeal outcome and advise the appellant of their options if they are not completely satisfied with the outcome.
• Where the appellant is not satisfied with the outcome of the appeal handling, the Head of Sales and Customer Service or an authorized delegate is to arrange for the appeal to be considered by an appropriate independent third-party. The independent third-party is required to respond with their recommendations within fourteen (14) days of their review being requested.
• Opportunities for improvement that were identified as a result of the appeal are to be recorded in a Continuous Improvement Item and submitted for the next Management Team meeting. The Head of Sales and Customer Service or an authorized delegate may, at their discretion, follow-up with the appellant after consideration by the Management Team to inform the appellant of the improvement actions identified.
• The Appeals Register is to be kept up to date at all times to accurately reflect how the matter was responded to and the duration from the date the appeal was received to the date the appeal was resolved.

For the Food Handler, Alcohol Seller/Server, and Allergen Programs only:

• Where the appeal is in relation to an assessment decision, a reassessment should be recommended. Students participating in a reassessment will be provided with detailed counseling about the perceived gaps in their skills and knowledge along with additional training to support their improvement and ability to demonstrate competence. Reassessments will be scheduled to occur as soon as practicable following the outcome of an appeal. The reassessment must be undertaken by a different assessor than was used during the initial assessment. Following the reassessment, the student must be provided with detailed feedback about their performance and the outcome.

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United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

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United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, please contact us.