Table of Contents

Privacy Policy
End User License Agreement
Terms of Service

Privacy Policy

Your privacy is critical to Capitol Lien. Likewise, we have created this Policy with the end goal of being transparent with how we gather, utilize, impart and reveal and make utilization of individual data. The following blueprints our privacy policy:

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will gather and utilize individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
  • We will only hold individual data for the essential length to satisfy those reasons.
  • We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
  • Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
  • We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
  • We will promptly provide customers with access to our policies and procedures for the administration of individual data and only deal with public records information.

We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.

End User License Agreement

The herein contained End User License Agreement (the “Agreement” or “License” or “EULA”) shall be considered a legally binding agreement between you (an individual or an entity, hereinafter “Licensee” or “You” or “Your”) and Capitol Lien Records And Research, Inc. for the use of the specified software: Capitol Lien Software, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (the “Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that Capitol Lien Records And Research, Inc. may supply to You or make available to You, or that You obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use. 

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT. THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY LAWS. THIS PRODUCT IS LICENSED AND NOT SOLD.

1. DEFINITIONS AND INTERPRETATIONS 

1.01 “Agreement” or “License” or “EULA” shall mean this End User License Agreement. 

1.02 “Licensee” or “You” or “Your” shall mean You, the individual or business entity licensing the Product under the terms of this Agreement. 

1.03 “Intellectual Property” means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights. 

1.04 “Update” means maintenance of, or a fix to, a version of Product, including, but not limited to: a hotfix, patch, or enhancement, none of which function as a standalone service or other software package and which do not have an additional cost for any existing Licensee. 

1.05 “Upgrade” means a major, standalone version of Product, which may include additional applications, features, or functionality. 

1.06 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assignors. 

1.07 Words in the singular shall include the plural and vice versa. 

1.08 A reference to one gender shall include a reference to the other genders. 

1.09 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or reenactment and includes any statute, statutory provision or subordinate legislation which it amends or reenacts; provided that, as between the Parties, no such amendment or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any Party. 

1.10 A reference to writing or written includes e-mail. 

1.11 Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done. 

1.12 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 

1.13 References to articles, sections, or clauses are to the articles, sections, and clauses of this Agreement. 

1.14 “We”, “us”, and “our”, means Capitol Lien Records And Research, Inc.

2. LICENSE GRANT. Capitol Lien Records And Research, Inc. shall grant to You a nonexclusive license for the use and installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software Updates and Upgrades provided by Capitol Lien Records And Research, Inc. that would replace, overwrite and/or supplement the original installed version of the Product, unless those other Updates and Upgrades are covered under a separate license, in which case the terms of that license will govern.

3. TERMINATION. Should You breach this EULA, Your right to the use of the Product will immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License grant, shall survive termination and will remain in effect. Upon termination of the License grant, You MUST destroy any and all copies of the Product.

4. INTELLECTUAL PROPERTY 

4.01 PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual Property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for You to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied. 

4.02 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not grant either Party any rights to the other’s content or any of the other’s Intellectual Property. Specifically, Capitol Lien Records And Research, Inc. owns all Intellectual Property rights in Product. 

4.03 RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) Capitol Lien Records And Research, Inc. may include Licensee or its brand in a list of Licensees, online, or in promotional materials; and (b) Capitol Lien Records And Research, Inc. may verbally reference Licensee as a licensee of Product.

5. RESTRICTIONS ON USE. As a Licensee, You may not: (a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses; (b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License; (d) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code; (e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or (f) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

6. UPDATES/UPGRADES. Capitol Lien Records And Research, Inc. may find the need to make available Updates or Upgrades for the Product, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Capitol Lien Records And Research, Inc.to make conditional releases of said Updates or Upgrades to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement. 

7. DISCLAIMER OF WARRANTY. Capitol Lien Records And Research, Inc. shall use reasonable efforts consistent with prevailing industry standards to maintain Product in a manner which minimizes errors and interruptions.

HOWEVER, Capitol Lien Records And Research, Inc. DOES NOT WARRANT THAT PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. NEITHER Capitol Lien Records And Research, Inc. NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF Capitol Lien Records And Research, Inc. MAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH PRODUCT.

8. LIMITATION OF LIABILITY AND REMEDIES. In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Capitol Lien Records And Research, Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Product. The aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.

9. EXPORT CONTROLS. By installing the Product, You hereby agree that You will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).”

10. U.S. GOVERNMENT END USERS. The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.

11. MISCELLANEOUS 

11.01 SUCCESSORS AND ASSIGNS. This EULA, in its entirety, shall be legally binding upon and inure to the benefit of Capitol Lien Records And Research, Inc. and You, our respective successors and permitted assigns. 

11.02 SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected. 

11.03 WAIVER. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. 

11.04 AMENDMENTS. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by Capitol Lien Records And Research, Inc. and You. 

11.05 GOVERNING LAW. This EULA shall be governed solely by the laws of the State of Minnesota and of the United States. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate federal or state court in Saint Paul, Minnesota, and as such, You and Capitol Lien Records And Research, Inc. irrevocably consent to the jurisdiction of said court and venue for Saint Paul, Minnesota. 

11.06 ASSIGNMENTS. You may not assign or transfer any part of this Licensee without the written consent of Capitol Lien Records And Research, Inc., except that, if a change of control occurs (including a sale or merger), the Party experiencing the change of control may ensure this License remains in full force and effect by providing written notice to the other Party within thirty (30) days after the change of control. 

11.07 VALID AND BINDING. This Agreement constitutes a valid and legally binding obligation of the Parties, enforceable against the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors’ rights generally and general equitable principles. 

11.08 EFFECT OF TITLE AND HEADINGS. The title of the Agreement and the headings of Sections, and Clauses are included for convenience and shall not affect the meaning of the Agreement or the Section. 

11.09 FORCE MAJEURE. Except for payment obligations, if either Party is prevented from performing or is unable to perform any of its obligations under this License due to causes beyond the reasonable control of the Party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such Party’s performance shall be excused and the time for performance shall be extended accordingly provided that the Party immediately takes all reasonably necessary steps to resume full performance. 

11.10 CONTACT INFORMATION 

Capitol Lien Records And Research, Inc. 
1010 Dale Street North
Saint Paul, Minnesota 55117
651-488-0100
contact@capitollien.com

Terms of Service

1. User’s Acknowledgment and Acceptance of Terms

Capitol Lien Records and Research Inc. (“Capitol Lien,” “us,” or “we”) provides the Capitol Lien website and various online resources (collectively, the “Site”) to you, the user, subject to your compliance with all the terms and conditions (the “Terms”) in these Terms of Service

BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT AVAILABLE THROUGH THE SITE, IS TO STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING YOUR COMPLIANCE WITH THE TERMS IS EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE. BY CONTINUING YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms from time to time and to familiarize yourself with any modifications. Your continued use of the site will constitute acknowledgment and acceptance of the modified Terms.

As used in the Terms, “we, “us,” and “our” refer to Capitol Lien; “you” and “your” refer to the user, which includes the individual accessing the Site and any entity or organization on whose behalf or using whose facilities or credentials the individual accesses the Site. References to our “Affiliates” include owners and subsidiaries, and any of our or their respective officers, directors, shareholders, employees, and agents.

2. Registration

To access certain online resources, you will be required to use a login and password. Creating an account involves submitting certain registration information. By registering for an account, you represent and warrant that all information provided is true and accurate, and you agree to update the information from time to time to keep it accurate and complete. You must be an adult (i.e., age 18 or greater) to create an account.

3. Privacy

We may collect non-personally identifiable information about users of the site including time, frequency, and duration of Site use, IP address, geographic location, etc. If you register for an account, we may collect information including name, postal address, phone number, email address, etc. We also may use cookies stored on your equipment.

Collected information may be used to personalize your experience on the Site, to improve the Site, to improve customer service and the user experience, and to contact you regarding the Site, your account, or other services of Capitol Lien.

We will not sell, trade, or otherwise transfer your personally identifiable information to third parties without your explicit consent; provided, however, that we may share information with trusted third parties who assist us conducting our business, so long as those parties agree to keep your information confidential. We may release your information if we believe it is necessary to comply with law enforcement; to enforce these Terms; to protect our rights, property, or safety; or to respond to a subpoena or other legal compulsion. We may provide non-personally identifiable information to third parties for other purposes.

We may include links to third-party websites. The inclusion of such a link or is provided merely as a convenience and does not imply endorsement of, or association with, the third party or website; neither does it create any warranty of any kind whatsoever regarding any aspect of the third-party website, including its accessibility or content. We have no responsibility for the content or operation of linked websites. You should review the terms and conditions and privacy policy on any third-party website you visit.

4. Access to Online Resources

We make various online resources available, including Database Direct and other similar services. You are responsible for providing, at your own expense, the equipment and Internet access necessary to use the Site. Likewise, you are responsible for the security of your equipment and your connection to the Site.

A user with an active account has user license for those online resources for which the user has registered. A license grants a user access to the online resources for that unique user only; each user must register and must have a separate license. You must not share your login and password with anyone, and you must not use anyone else’s login and password.

We cannot guarantee and are not responsible for the availability of the Site, and we will not be liable for any delay or interruption in availability of any online resources. Temporary interruptions may occur as normal events. Further, we have no control over third-party systems you may access in the course of use of the Site; delays and disruption of other systems are completely beyond our control.

We reserve the right to modify or discontinue all or any part of the Site at any time without notice to you.

5. Your Conduct

You will use the Site and any content only in full compliance with all applicable laws and regulations. Applicable law and regulation may include the Drivers’ Privacy Protection Act (see 18 U.S.C. § 2721, et seq.), Export Administration Regulations and other export controls, the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.), and the Gramm-Leach-Bliley Act and resulting privacy rules.

You will use information obtained from the Site only for lawful purposes and not in any manner that is unfair, deceptive, malicious, or abusive of the rights or property of anyone. Further, you will protect information obtained from the Site from any subsequent disclosure other than is strictly necessary to accomplish the purposes for which such information was obtained. In any case, you will protect such information from disclosure to anyone who threatens to use it for any unlawful, unfair, deceptive, malicious, or abusive purpose.

You will use any communications capabilities of the Site (e.g., chat, messaging, email) only for lawful purposes and not in any manner that is unfair, deceptive, malicious, or abusive of the rights or property of anyone. Further, you will protect all communication from us, whether through the Site or otherwise, from any disclosure other than is strictly necessary to accomplish the purposes for which such communication was made. You should not send any personally identifiable information, or confidential, proprietary, or otherwise sensitive information, other than is strictly necessary to accomplish the search or inquiry you are seeking.

We may, at any time and at our sole discretion, restrict, suspend, or terminate your account or access to any part of the Site without notice to you for violating any of the Terms.

6. Third-Party Sites and Information

The Site provides access to information aggregated or derived from sources compiled and maintained by third parties. We are not responsible for the accuracy, appropriateness, completeness, reliability, or validity of the source information. We do not independently verify third-party content. The Site may suggest links to third-party websites or include references to content or services provided by third parties. Third-party websites, content, and services are not under our control, and we are not responsible for the accuracy, appropriateness, reliability, or validity of third-party websites, content, or services.

7. Intellectual Property

Copyright (c) Capitol Lien. All Rights Reserved.

All software and certain content on the Site is protected by copyright, trademark, or other legal protection of our rights in proprietary information and processes. You are only permitted to use such software and content as authorized by us. Except for copies made for your lawful use, you may not copy, modify, republish, or distribute any documents or information from the Site in any form or by any means without prior written permission from us. Any unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

The following are registered trademarks, trademarks, or service marks of Capitol Lien or its Affiliates: Capitol Lien, Database Direct, When Diligence Is Due. All custom graphics on the Site are registered trademarks, trademarks, or service marks of Capitol Lien or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Capitol Lien or its Affiliates.

You may not reverse engineer, decompile, disassemble, or otherwise seek to derive or disclose source code, processes, or techniques for any software available on or acquired through the Site.

8. Disclaimer of Warranties

ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

The Site could include inaccuracies or errors. We may make changes to content and online resources at any time without notice. The content and online resources may be out-of-date, and we make no commitment to update the content or online resources at any particular time or interval.

The use of the Site and acquisition of any content through the Site is done at your own risk and in your discretion, with your agreement that you will be solely responsible for any damage or loss that results from such activities.

Some states or jurisdictions prohibit exclusion of certain warranties, so some of the above limitations may not apply to you.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE.

Some states or jurisdictions prohibit certain limitations of liability, so some of the above limitations may not apply to you.

10. Indemnification

Upon request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, and expenses, including attorney’s fees, that arise from your use or misuse of the Site. For the purposes of this provision, “your use or misuse” includes use or misuse by anyone with access to your login and password, whether or not authorized by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your login, password, and other account information and for any and all acts or omissions that occur through the use of your login and password. You must ensure that others do not gain access to your login and password; you may not transfer or share your account with anyone. You must notify us immediately, and change your password, if you learn of unauthorized use, actual or threatened, of your login and password.

13. Termination of Use

You agree that we may, in our sole discretion, terminate, or suspend your access to all or part of the Site without notice and for any reason. Any suspected fraudulent, abusive, or illegal activity will be grounds for terminating your account and may be referred to law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the online resources available on the site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

14. Governing Law and Waiver of Jury Trial

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflict of law provisions. You irrevocably consent to submit to jurisdiction and venue in state and federal courts in Ramsey County, Minnesota.

You KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY with regard to ANY actions, claims, disputes, or proceedings arising out of or connected with these Terms or the Site.

15. Notices

All notices to us shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at 1010 Dale Street N., St Paul, MN 55117 (United States) or to support@capitollien.com. Notices to you may be sent to the address, conventional mail or email, supplied by you as part of your account registration. In addition, we may post notices through the Site to inform you of changes or other matters of importance, and such postings shall constitute notice to you at the time of posting. Our phone number is 651-488-0100, but, again, any notice to us under these Terms must be made by email or conventional mail and not by telephone.

16. Entire Agreement

These Terms constitute the entire agreement among us and your concerning the subject matter of this agreement and supersede all prior agreements and understandings with respect to that subject matter.

17. Miscellaneous

ANY ACTION OR PROCEEDING BY YOU AGAINST US OR OUR AFFILIATES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE ALLEGED CAUSE OF ACTION ARISES OR IT SHALL BE DEEMED FOREVER WAIVED AND BARRED.

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any delay or failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

The headings at the beginning of each section are for convenience only and are not intended to be part of the substance of this agreement; any perceived inconsistencies between the heading and the text are to be governed by the text.

Words in the singular include the plural, and words in the plural include the singular. The terms “include,” “includes,” and “including” are not exclusive or limiting. The term “or” includes the meaning “and,” as context may require. The term “any” includes the meaning “all,” as context may require.

All applicable provisions of these Terms will survive termination of this agreement, including provisions related to intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, waiver of jury trial, and the miscellaneous provisions.

THE SITE IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH.