TrueAccord Engage

True Life Solutions
Terms of Service

Effective Date: July 9, 2021

THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS USER (“YOU”, “YOUR”) RIGHTS AND LIMITS TRUE LIFE SOLUTIONS AND ALL OF ONE TRUE HOLDING COMPANY SUBSIDIARIES AND AFFILIATES (“ENGAGE”) (“OUR”, “WE”, “US”) LIABILITY. PLEASE READ IT CAREFULLY. BY USING THE ENGAGE WEBSITE (“WEBSITE”), YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS OF SERVICE. FURTHER, YOU UNDERSTAND THAT THE ENGAGE PRIVACY POLICY (“PRIVACY POLICY”) IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HERE, INCLUDING ALL OTHER TERMS INCORPORATED BY REFERENCE, YOU MUST DISCONTINUE USE OF OUR SITE IMMEDIATELY.

General Terms of Use

The service provided by Engage allows customers to obtain certain services via a cell phone or other handheld mobile device and via a traditional computer, as described below (which are individually referred to as a "Service" and collectively as the "Engage Service"). Engage may assign or delegate any or all of its rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or performed by either Engage or its service provider.

Your use of the Engage Service constitutes your acceptance of these Terms of Service. These Terms of Service are subject to change from time to time. We will notify you of any material change only if required by applicable law. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Engage Service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Engage Service. Your continued use of the Engage Service will indicate your acceptance of any such changes to the Engage Service. Engage reserves the right to terminate your access to the Engage Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

Consent to Contact

When you provide a channel for us to communicate with you, such as a telephone number, email address, direct messenger, etc., you consent to be contacted by Engage and any third party that Engage has a relationship with to the extent permitted under applicable law. You consent and authorize us, and any third party using the Service, to communicate with you using these channels. You will have the opportunity elsewhere on our Website or by contacting our support staff to opt in or opt out. You further agree that telephone "calls" include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. By agreeing to receive text messages from us, you are also consenting to receive a final opt-out confirmation text message if and when you choose to opt out of a text message service we provide to you. Calls and messages may incur charges from your wireless carrier. You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We may not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so. Further, we provide a platform to help you facilitate your resolution of a debt and any information obtained will be used for this purpose.

Information You Provide

You agree that any information that you provide is yours to provide and is accurate. All information now and hereafter furnished to Engage is and will be true, correct and complete in all respects. Failure to provide or update your information may result in immediate termination of your access to Engage Services and civil liability. The features of the Service, including but not limited to, disputing a debt with the correct collection agency, depend on your providing accurate information (e.g. the identity of the agency collecting your debt). We will not be held liable for any error in delivering the Service based on you providing inaccurate information.

Changes to Your Contact Information

It is solely your responsibility to assure that the contact information you have provided to us in connection with your use of the Engage Service is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. You may make changes to your email address or some of your other contact information by contacting Engage at support@trueaccordengage.com.

Engage Services

  • Engage provides a relationship management platform for debts.

Acceptance of Terms to Use Engage Service

In order to use the Engage Services, you must first agree to the Terms set forth in this Agreement. You MAY NOT use the Engage Services if you do not accept the Terms.

You can accept the Terms by: a) By actually using Engage Services; or b) Clicking to accept or agree to the Terms, where this option is made available to you. You understand and agree that Engage will treat your use of the Engage Services as acceptance of the Terms to us the Engage Services from this point forward.

Engage Service Terms of Use

You acknowledge that you have read, and do hereby accept the Engage Service Terms of Use for Engage including, but not limited, to the following;

  • We do not guarantee or promise results from using the Service, including but not limited to, successful payment of debts, disputing a debt, changes to credit scores or availability, or availability of other financial products,
  • Content, including letters and emails, that you may utilize while using the Service are provided “as is” without guarantee of effectiveness or adherence to legal statutes,
  • We are not a credit repair service as defined by the Fair Credit Reporting Act, Credit Repair Organizations Act, or various state law equivalents,
  • We are not a debt collector as defined by the Fair Debt Collection Practices Act (FDCPA) or various state law equivalents,
  • We do not provide legal advice, and that You will seek legal advice for any questions or situations that require such,
  • We are not a credit counseling service,
  • You acknowledge that requesting additional documentation from a creditor or debt collection agency after the expiration of the FDCPA validation period is ineffective and may result in further collection activity,
  • Any referrals to a third party are not an endorsement of that service and requires you to do your own due diligence,
  • That agreeing to pay a debt or making a payment may result in you being sued about the debt in the future,
  • That any indication that you are able or willing to pay an out of statute debt may be considered a tolling event for the purpose of debt collection,
  • By providing your contact and information about your debts you give Engage consent to share it with all with third parties,
  • Further, by providing your contact information, you give Engage consent to retrieve additional information regarding your outstanding debts from third parties including, but not limited to, collection agencies, creditors, and credit reporting bureaus,
  • By agreeing to send a request to a third party (including, but not limited to, collection agencies, creditors, and credit reporting bureaus) through Engage, you give Engage consent to retrieve the outcome of that request in order to present it to you within the Engage service,
  • Any documents that are provided by third parties are deemed received once they have been uploaded to the Service or emailed to you and it is your responsibility to review them in a timely manner,
  • In the event that we receive an email or letter from a third party on your behalf, you give Engage permission to open that communication and upload it to the service or send it to you,
  • When you provide a channel for us to communicate with you, such as a telephone number, email address, direct messenger, etc., you consent to be contacted by Engage and any third party that Engage has a relationship with to the extent permitted under applicable law,
  • You agree to be contacted using any communication channel, other than by telephone or text, at anytime of the day or night.
  • Any use of Engage community bulletin boards will be to provide helpful advice to others with debt based upon your personal experience and not advice. You agree to not use any language or engage in any behavior in your use of community bulletin boards, to include posting information that would be perceived by another as bullying or disparaging remarks or comments,
  • Any ratings you provide regarding a creditor, collection agency, or third party are based on your experiences, and
  • That you will not use Engage Services in unintended ways including but not limited to trying to create legal exposure for any creditor, collection agency, or third party.
  • You acknowledge that some or all of the services provided by Engage could be done by you but that you have chosen to use Engage to assist you with these services.

Charges for Engage Service

We reserve the right to change our pricing at any time by giving you 30 days notice. If you select certain services that Engage provides you will be charged for those services. Refund requests made within 14 calendar days from the most recent invoice date are reviewed on a case by case basis. You may incur charges to receive internet, cellular or other data services on your Eligible Device (defined below), which may include a mobile telephone device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the Engage Service. You also agree to pay any applicable fee that is based on your usage of a particular Service, where applicable.

Security Codes

To access the Engage Service, you will be required to select or create one or more alphanumeric passwords, usernames, and/or other types of security techniques, all of which are referred to together and separately as your "Security Codes". We require you to use the Security Codes to gain access to the Engage Service. From time to time, we may require you to select or create different Security Codes and may change the types of security techniques used to access the Engage Service. For certain Services, we may require you to select or create additional Security Codes and/or use other security techniques that we make available to you. You agree that use of your Security Codes and/or any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that we may send notices and other communications about our security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address, email address or other digital communication channels shown in our records.

You are responsible for maintaining the security of your Eligible Device, computer equipment, software and browser, and any Security Codes you have created for the purpose of accessing the Engage Service. If you allow any person to obtain or use your Eligible Device or Security Codes (in violation of the terms of this Agreement), you will have authorized that person to access the Engage Service on your behalf, and you agree that you are responsible for any activity that person initiates or authorizes and will be bound by any agreements that person accepts or acknowledges electronically through the Engage Service. You agree not to share any Security Codes with anyone. Notify us at once if you believe that your Security Codes have been compromised, or that your Eligible Device has been accessed or used without your authorization by emailing us at: support@trueaccordengage.com

Technical Requirements

In order to access the Engage Service, you must have (i) a computer, tablet, or mobile device with internet access and a browser installed that can send and receive information using the technology that supports this Engage Service (an "Eligible Device") and (ii) all information required to enroll, which will be described in the Engage website (the "Website") at the time of enrollment.

Engage may update the Eligible Devices from time to time. The technical standards required to access and use the Engage Service (the "Technical Standards") vary among the types of Eligible Devices and software that support the Engage Service. The Technical Standards are described on our Website, and may be updated from time to time to reflect changes in the technology that supports the Engage Service.

Exclusion of Warranties

You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to use the Engage Service only on an Eligible Device that you own or control, solely for your personal use and as expressly permitted herein. Engage has no responsibility to notify you of any changes to or new releases of the Engage Service.

You acknowledge that from time to time, the Engage Service may be delayed, interrupted or unavailable for an indeterminate period of time. Engage and its affiliates shall not be liable for any claim arising from or related to the Engage Service arising from any such delay, interruption or unavailability.

In no event will Engage or its affiliates be liable for indirect, consequential or special damages, including lost profits, arising from or related to the Engage Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Engage disclaims all warranties with respect to any Website, whether express, implied or statutory, including without limitation implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. You release Engage, its service providers, and its affiliates from all claims and damages that may arise from or relate to your use of any Website. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Website, and you may not redistribute any Website.

All rights not expressly granted to you herein are reserved by us. By identifying an Eligible Device for use with the Engage Service, Engage does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier or internet service provider.

Engage and its service providers have no obligation to correct any bugs, defects or errors in the Engage Service, or to otherwise support, maintain, improve, modify, upgrade or enhance the Engage Service. Subject to applicable law or regulations, Engage may terminate your use of the Engage Service and expand, reduce or suspend your use of such service, change the enrollment process, and/or change any limits associated with the Engage Service at any time in its sole discretion without prior notice.

Data Collection

You acknowledge and agree that Engage may, in accordance with its Privacy Policy, collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of updates to any Website and product support, for security reasons, for marketing purposes, and for other service to you (if any) related to, or in connection with, the Engage Service.

Use of Collected Data

Any data collected can be used by any True Life Solutions and affiliates. Data means, but is not limited to, all data, meta data, information or other content (i) provided to the Engage by you or (ii) collected by Engage during your use of its websites, or by any other means.

In recognition of the foregoing, Engage agrees that it shall: (i) keep and maintain all data in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; and (ii) use and disclose the data solely and exclusively for the purposes for which the data, or access to it, is provided.

Prohibited Uses

You agree that you will not use the Engage Service or any services related thereto while driving. You assume all risks associated with the use of the Engage Service. We may terminate your access to the Engage Service if any conduct on your part constitutes a violation of this Agreement. In order to use the Engage Service, you must be at least 18 years old, and legally capable to enter into contracts. You agree to use the Engage Service only as permitted by this Agreement. You shall not use or otherwise export or re-export the Service, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Illegal Use of the Service. You agree that the Engage Service is not to be used for illegal purposes or for the transmission or storage of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, sexually explicit, pornographic or obscene, or that infringes on the rights of others. We may terminate your use of the Engage Service immediately and without notice to you if we discover you or someone using your Security Codes has used the Engage Service in this manner.

Proprietary Rights. You agree that we own all rights to the information and content displayed in the Service. Further, you agree not to reverse engineer or reverse compile any of our technology.

Restrictions on Commercial Use or Resale. Your right to use the Engage Service is personal to you; therefore, you agree not to resell or make any commercial use of the Engage Service.

Use of Marks, Materials and Suggestions. The names, logos and all related product and service names, design marks and slogan are the property of Engage, our affiliates and service providers. You are not authorized to use our names or marks in any advertising, publicity or in any other commercial manner without our prior written consent. All copies that you make of the material must bear any copyright, trademark or other proprietary notice, which pertains to the material being copied. Except as authorized in this section, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.You agree to indemnify and hold harmless Engage, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers, from any and all claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use or infringement of any intellectual property relating to the Engage Service.

If you believe your intellectual property rights have been infringed upon, we encourage you to report such potential infringement of your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on our Website infringes your copyright, trademark, or other intellectual property rights, please send a written notice containing your name and signature to our copyright agent that specifically describes the nature and location of the content you believe to be infringing. You must provide notice in the manner described here. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement is below:

True Life Solutions
Attention: Legal Department
11 Pearl Street
San Francisco, CA 94103

Email Address: legal@trueaccordengage.com

Cookies and other data

To provide the Engage Service, we store cookies on your computer and certain data on your mobile device should you access the Engage Service from it. If you do not have cookies enabled, you may not be unable to use the Engage Service. A cookie is simply a text file, which indicates your Engage Service session identification number. We use this and other data stored on your Eligible Device to identify you as a user of the Engage service when you enter the Website and to make the re-entry of login information unnecessary when browsing outside the Engage Service. We reserve the right to use cookies to deliver content specific to your needs and interests. We may also use cookies to track customer trends and patterns in order to better understand and improve areas of our Website that our customers find valuable.

Subpoenas, Court Orders, etc.

Engage will comply with all applicable laws concerning production of documents and files pursuant to legally valid and enforceable subpoenas, court orders, investigations and requests by state or federal governmental agencies and regulators. In complying with such requests for production of documents, Engage will furnish information to the extent legally required by such requests.

Alerts

You may use the Engage Service to request and receive from Engage any of the alerts made available through this Service by making alert selections within the Website. We may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address, mobile number, or other communication channel, you provide to us on the Website. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.

It is solely your responsibility to ensure that the email address, mobile number, or communication channels you provide to us are current and accurate. Should you wish to receive alerts to your mobile phone number after opting out of the alerts service, you must update your mobile number on the Website before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which we expressly disclaim any liability.

Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. We do not guarantee either the delivery or the accuracy of the contents of any alert. We will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Alerts are not encrypted. You acknowledge that alerts may include your name and some information about your use of the Engage Service. Depending on where you instruct us to send your alerts, anyone with access to your email or Eligible Device may be able to view the contents of these alerts.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ENGAGE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ENGAGE SERVICE OR WEBSITE IS AT YOUR SOLE RISK. THE ENGAGE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE ENGAGE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE ENGAGE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE ENGAGE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE ENGAGE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ENGAGE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ENGAGE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ENGAGE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE ENGAGE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS SECTION WILL CONTROL.

Third Party Products and the Engage Service

We may provide links to other websites and information as a convenience to you. Any third party online service providers are solely responsible for the products and services they provide to you. We do not guarantee, endorse or provide any of the products or services available through the websites of third parties. We have no responsibility or liability in connection with the products or services offered by these service providers or the content of their websites. We remind you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From the Engage Service, users may visit or be directed to third party websites. We have no responsibility or liability for the security policies and procedures of those websites. These third party websites may contain information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these websites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content contained in these websites. In addition, we do not endorse or control the content of any third party website and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we or any party we designate will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Engage Service. For more information regarding information sharing, please see our Privacy Policy at https://www.trueaccordengage.com/privacy-policy.

Limitation of Liability

YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY INDIRECT LOSS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH THE ENGAGE SERVICE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) THAT MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR RELATING TO THE AUTHORIZATION OF AND/OR DISCLOSURE OF YOUR SECURITY CODES, PASSWORD, PIN OR OTHER ACCESS CODE BY YOU TO ANY THIRD PARTY IN ORDER FOR SUCH PARTY TO COLLECT, RETRIEVE, CONSOLIDATE, AGGREGATE OR OTHERWISE GATHER ANY INFORMATION OR DATA AVAILABLE VIA THE ENGAGE SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. OUR MAXIMUM, COMBINED AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT AND RELATED TO THE ENGAGE SERVICE SHALL NOT, IN ANY EVENT, EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.

Indemnification

You agree to indemnify and hold harmless Engage, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers, from any and all third party claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the Engage Service, your violation of this Agreement or your infringement of any intellectual property or other right of anyone, or caused by or arising from the use, violation or infringement by any other user of your subscription.

Termination

By You: You may terminate your Account at any time by contacting us atsupport@trueaccordengage.com

By Us: We may immediately terminate your Account without notice to you. You acknowledge that we may, at our sole discretion and without notice to you, terminate your use of the Engage Service due to an extended period of inactivity. Inactivity means that you do not use the Engage Service or log-in for an extended period of time. We reserve the right to change or discontinue, temporarily or permanently, the Engage Service at any time without notice. In order to maintain the security and integrity of the Engage Service, we may also suspend your access to the Engage Service at any time without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Engage Service.

Assignment

You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of our successors and assigns. You agree not to resell or make any commercial use of the Engage Service. Unless otherwise required by law, you agree that your enrollment in the Engage Service is non-transferable and that any rights to your enrollment or content within your Account terminate upon your death. If we receive a copy of a death certificate, your access will be terminated and all content may be deleted.

Hours of Operation

You can use the Engage Service 24 hours a day, seven days a week via email, subject to regular daily maintenance periods and any special maintenance periods.

Changing this Agreement

We may change this Agreement from time to time, as follows:

  • Changes to this Agreement necessary to maintain or restore the security of the Engage Service may be made immediately and without prior notice to you.
  • For changes not described in subsection (a) above, we will notify you prior to the change, only if required by applicable law.
  • Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Engage Service. Your continued use of the Engage Service following the effective date of a change signifies your acceptance of the change.

Mediation

If a dispute arises out of or relates to the use of Engage Services, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

Arbitration; Class Action Waiver; Waiver of Jury Trial

If a dispute is not resolved by mediation, you agree to arbitrate all disputes and claims that arise out of or relate to your use of our Website. Therefore, you agree that, by using our Website, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Website(s), use of the Engage Service, and disputes under these Terms of Service or with Engage, regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Engage. The arbitration may be conducted telephonically. Unless otherwise prescribed by law, the costs of arbitration will be split evenly between you and Engage. In any action between you and us, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or defending the action.

Limitation of Actions

Any claim or cause of action arising out of your use of our Website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Engage to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.

Notice

Unless otherwise required by law, we may provide notice to you either by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose, we may provide notice electronically. You accept responsibility to ensure that the contact information in your profile is always current and accurate.

Governing Law; General Provisions

The validity, construction and enforcement of this Agreement shall be governed by the laws of the State of California, without regard to its conflicts of laws, and by applicable federal laws and regulations. To the extent permitted by applicable law, if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and, if practicable, the invalid or unenforceable provision will be reformed to achieve its intended purpose. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver by us on any one occasion shall not be construed as a bar or waiver of our rights or remedies on future occasions. The captions of sections in this Terms of Service are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Terms of Service.

Engage