LAST UPDATED: December 4, 2013
Hayward Luxury, Inc. may amend these ToU
affect when posted. Your continued use of the Site and/or the Service following
notice of such change will be deemed your acceptance of any changes to these
ToU. You agree that notice of
changes to these ToU by posting on the Site constitutes reasonable notice.
OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH
THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THESE TOU AND
CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS
THAT HAYWARD LUXURY, INC. MAKES FROM TIME TO TIME.
By clicking “I
ACCEPT” or by using the Site and/or the Service, you also represent that you have
new versions will be available on the Site. If at any point you do not agree to
2. Change/Termination of Site/Service
Hayward Luxury, Inc. may make changes to the Site and/or the
Service at any time. You understand that Hayward Luxury, Inc. may discontinue or restrict your use of
the Site and/or Service for any reason or no reason (including, but not limited
to, any violation of these ToU) with or without notice. Hayward Luxury, Inc. reserves the right to deny access to the
Site and/or the Service to any person at Hayward Luxury, Inc.’s sole and absolute discretion. Hayward Luxury, Inc. may stop offering and/or supporting the
Service at any time.
3. Orders and Payment Terms
After you place an order we will review the information you
provided for validity by verifying your method of payment, billing and/or
shipping address. Orders will not be accepted for delivery outside of the
United States. We may contact you (via email or phone) if additional
information is required to accept your order. Invalid order information will
result in delays processing your order. For Product purchases, your receipt of
an order confirmation does not constitute Hayward Luxury, Inc.’s acceptance of your order. Without prior
notification, Hayward Luxury, Inc. maintains the right to limit the Product order quantity and the right to refuse
to sell Products to any customer for any reason or no reason at all. [Hayward Luxury, Inc. reserves the
right not to sell to resellers. If your order is canceled, we will attempt to
notify you using the e-mail address you have given us with the order. You will
not be charged if your order is canceled. If your payment method has already
been charged for an order that is later canceled, Hayward Luxury, Inc. will issue you a refund.
Hayward Luxury, Inc. does sell products through its Web Store for children, but only to adults, who
can purchase with a credit card or other permitted payment method as described
above. If you are under 18, you may use the Web Store only with involvement of
a parent or guardian.
We accept various payment methods for Product purchases
through our Web Store, including various credit cards and debit cards. We will
bill your payment method when you place an order for a Product through the
Service. Hayward Luxury, Inc.
will not fulfill any Product order without authorization validation of your
purchase from your payment method.
You acknowledge and agree that any offers made available
through the Service are subject to change at any time and from time to time.
Additionally, we have endeavored to be as accurate as possible in describing
and displaying the colors and other features of the Products made available for
purchase through the Service; however, there is no warranty or guarantee that
the colors, sound quality, product descriptions or other content of the Service
is accurate, complete, reliable, current, or error-free.
We will ship the Products you purchase via the shipping
method of our choice, on such other terms and conditions (such as applicable
shipping and handling fees) that we may disclose to you at the time of your
purchase. We do not guarantee the services of any shipping service and delivery
dates and times are not guaranteed. During busy times, such as holiday periods,
and periods of inclement weather, there can be additional processing and
shipping delays. If there is a problem with a delivery, including, but not
limited to, damage, loss or late delivery, you agree to hold shipping service
liable and to contact Hayward Luxury, Inc.
Consumer Support to resolve the issue. You agree not hold [Hayward Luxury, Inc. liable for any
shipping issues. Most package carriers have a short time frame in which to
initiate claims. We recommend that you inspect your package for damage
immediately upon arrival. If there is a problem, contact the delivery service
immediately to resolve any problems. All merchandise is shipped F.O.B. from any
place we designate the merchandise leave. At our discretion, we may choose to
halt, or alter, the delivery of an order, even though it is in the hands of a
delivery agent or shipping company. We may do this as a customer service or in
cases where we suspect fraud. You agree to pay any additional charges that may
arise due to circumstances in which we take this action.
Products purchased from haywardluxury.com are easily returned within seven (7)
days of receipt of shipment in accordance with our Return Policy. These Products must be
in new condition with original packaging and accessories. Products missing the
serial number or UPC cannot be accepted; refunds will not be issued for such
items. You can return such items by contacting us at 212-686-1955.
AND CONDITIONS OF USE
Use of Site and Service.
Hayward Luxury, Inc. provides you a
personal, revocable, non-exclusive, non-transferable license to use the Site
and Service conditioned on your continued compliance with these ToU. Hayward Luxury, Inc. permits you, on an occasional and
irregular basis, to print and download Site Content (defined below) solely for your
personal, non-commercial use, provided that you do not obscure, alter, remove
or delete any copyright or other proprietary rights contained in or associated
with the Content. You agree not to license, create derivative works from, transfer,
sell or re-sell any information, Content, or services obtained from the Site. Hayward Luxury, Inc. reserves the
right to add or remove information, Content or services from the Site at any
time at its sole discretion.
No Violation of Laws.
You agree that you
will not, in connection with your use of the Site or the Service, violate any
applicable law or regulation. Without limiting the foregoing, you agree that
you will not make available through the Site and/or Service any material or
information that infringes any copyright, trademark, patent, trade secret, or
other right of any party (including rights of privacy or publicity).
Misuse of Site and/or Service.
You may not connect
to or use the Site and/or Service in any way not expressly permitted by these
ToU. Without limiting the foregoing, you agree that you will not: (a)
institute, assist, or become involved in any type of attack, including without
limitation denial of service attacks, upon the Site and/or Service or otherwise
attempt to disrupt the Site and/or Service or any other person’s use of the
Site and/or Service; or (b) attempt to gain unauthorized access to the Site,
Service, or the computer systems or networks connected to the Site and/or
Service. Furthermore, you may not use the Site or Service to develop, generate,
transmit or store information that: (i) is defamatory, harmful, abusive,
obscene or hateful; (ii) in any way obstructs or otherwise interferes with the
normal performance of another person’s use of the Site and/or Service; (iii)
performs any unsolicited commercial communication not permitted by applicable
law; (iv) constitutes harassment or a violation of privacy or threatens other
people or groups of people; (v) is harmful to children in any manner; (vi)
violates any applicable law, regulation or ordinance; (vii) makes any false,
misleading or deceptive statement or representation regarding Hayward Luxury, Inc. and/or the
Service; or (viii) constitutes phishing, pharming or impersonates any other
person, or steals or assumes any person’s identity (whether a real identity or
online nickname or alias).
No Commercial Uses.
You agree that you
will not use the Site or the Service for any commercial purpose or the benefit
of any third party or charge any person, or receive any compensation for, the
use of the Site or Service.
No Data Mining or Harmful Code.
You agree that you
will not (a) obtain or attempt to obtain any information from the Service; (b)
intercept, examine or otherwise observe any proprietary communications protocol
used by the Service, whether through the use of a network analyzer, packet
sniffer or other device; or (c) use any type of bot, spider, virus, clock,
timer, counter, worm, software lock, drop dead device, Trojan-horse routing,
trap door, time bomb or any other codes, instructions or third-party software
that is designed to provide a means of surreptitious or unauthorized access to,
or distort, delete, damage or disassemble the Site or the Service.
The Site and
Service contains services and features that are available to or through certain
mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee
that any or all services will work with or be accessible through all carriers
Links from the Site.
The Site may
contain links to websites operated by other parties. Hayward Luxury, Inc. provides these links to other
websites as a convenience, and use of these websites is at your own risk. The
linked websites are not under the control of Hayward Luxury, Inc., and Hayward Luxury, Inc. is not responsible for the content
available on the other websites. Such links do not imply Hayward Luxury, Inc.’s endorsement of
information or material on any other website and Hayward Luxury, Inc. disclaims all liability with regard to
your access to and use of such linked websites.
Links to the Site.
Unless otherwise set
forth in a written agreement between you and Hayward Luxury, Inc., you must adhere to Hayward Luxury, Inc.’s linking policy
as follows: (i) the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with Hayward Luxury, Inc.’s and/or its
licensors’ names and trademarks, (ii) the appearance, position and other
attributes of the link may not create the false impression that your
organization or entity is sponsored by, affiliated with, or associated with Hayward Luxury, Inc., (iii) when
selected by a user, the link must display the Site on full-screen and not
within a “frame” on the linking site, and (iv) Hayward Luxury, Inc. reserves the right to revoke its consent
to the link at any time and in its sole discretion.
includes features that operate in conjunction with certain third party social
networking websites that you visit (“Social Network Features”). While your use of
the Social Network Features is governed by these ToU, your access and use of
third party social networking websites and the services provided through these
websites is governed by the terms of service and other agreements posted on
these websites. It is impossible for Hayward Luxury, Inc. to determine in each case whether your use
of the Social Network Features would cause you to violate or breach the terms
of service and/or other agreements posted on these third party websites. You
understand and acknowledge that your use of the Social Network Features may
cause you to violate or breach the terms of service and other agreements posted
on these third party websites which could result in the termination of your
account and ability to access these third party websites and, in some cases,
could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE
RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT HAYWARD LUXURY, INC. WILL
NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS
OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL
Hayward Luxury, Inc.TM and the Hayward Luxury, Inc.
logo are trademarks/service marks of Hayward Luxury, Inc.. Unauthorized use of any Hayward Luxury, Inc. trademark,
service mark or logo may be a violation of federal and state trademark laws.
Copyrights and other rights.
All material and
information contained on the Site and included in the Service, including
without limitation, text, images, layout, design, software and downloadable
software applications, audio and video files and databases (collectively, “Content”),
are the exclusive property of Hayward Luxury, Inc. or its suppliers. Hayward Luxury, Inc. and
its suppliers retain all right, title and interest in and to the Content
including, but not limited to, all copyrights, trade secret rights, trademark
rights, database rights and all other intellectual property rights of any kind
or nature under the laws of the United States, other countries, international
conventions, and other applicable laws.
Except as specifically and explicitly provided elsewhere in these ToU, Hayward Luxury, Inc. does not grant you
any right, express or implied, in any Content.
Hayward Luxury, Inc. respects the
intellectual property rights of others, and requires that the people who use
the Site and the Service do the same. Hayward Luxury, Inc. maintains a policy of terminating, in appropriate
circumstances, users who use the Site and/or Service to infringe the rights of
copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following information to
our Copyright Agent, designated as such pursuant to the Digital Millennium
Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has
- A description of where the alleged infringing material is
- A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner, its agent, or
- An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; an
- A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
Please contact email@example.com
The Site and the
Service are operated by Hayward Luxury, Inc.
in the United States. Those who choose to access the Site, and/or the Service
from locations outside the United States do so on their own initiative and are
responsible for compliance with applicable local laws.
Hayward Luxury, Inc. does not claim
ownership of any materials you submit, upload, post or otherwise provide to the
Site (the “Submissions”). At Hayward Luxury, Inc.’s sole discretion, such Submissions may be included in
the Service in whole or in part or in a modified form. With respect to such Submissions,
you grant Hayward Luxury, Inc.
a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully
paid-up and non-exclusive license to use, copy, distribute, publicly perform,
display, modify, create derivative works, and sublicense such Submissions, or
any part thereof, in any form, technology or media now known or later developed.
You hereby represent, warrant and covenant that any Submissions you provide do
not include anything (including, but not limited to, text, images, music or
video) to which you do not have the full right to grant the license specified
in this Section 9. You also
grant us the right, but not the obligation, to use your name, likeness, and
identity in connection with your Submissions. You also grant other users of the
Site permission to access, use, record, reproduce, distribute, publicly
display, publicly perform, and prepare derivative works of your Submissions in
any medium (whether now known or later developed). You voluntarily waive all
moral rights you may have in your Submissions. We do not guarantee any
confidentiality with respect to any of your Submissions, and it is your
responsibility to protect any rights that you may have in your Submissions.
Please also be aware that any personally identifiable information that you
choose to include in your Submissions for publication on the Site will not be
protected. If HAYWARD LUXURY, INC. has provided you with any free or discounted product or
other item of value (other than sales and discounts available to the general
public), you agree to disclose the value received in your Submissions in
compliance with Section 5 of the Federal Trade Commission Act.
Hayward Luxury, Inc. has the right,
but not the obligation, to screen, monitor, record, edit, reject or remove any
of your Submissions from time to time without notice or further permission from
you, to the fullest extent permitted by law. Any information obtained by monitoring or recording may be
subject to review by law enforcement organizations in connection with the
investigation or prosecution of possible criminal activity.
The Site and the
Service are not directed toward children under 13 years of age nor does Hayward Luxury, Inc. knowingly collect
information from children under 13. If you are under 13, please do not submit
any personally identifiable information to Hayward Luxury, Inc.
THE SITE, PRODUCTS
AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. HAYWARD LUXURY, INC.
MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY
CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU
ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE
SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. HAYWARD LUXURY, INC. DOES NOT WARRANT THAT YOU WILL BE ABLE TO
ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states
or jurisdictions do not allow the disclaimer of implied warranties, the
foregoing disclaimer may not apply to you.
OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, HAYWARD LUXURY, INC.,
ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE ”RELATED
PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS
ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
ACCESS TO OR USE OF THE SITE, PRODUCTS AND/OR SERVICE, OR YOUR INABILITY TO
ACCESS OR USE THE SITE OR SERVICE, EVEN IF HAYWARD LUXURY, INC. AND/OR RELATED PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE
SHALL THE LIABILITY OF HAYWARD LUXURY, INC. OR ANY OF THE RELATED PARTIES EXCEED THE LESSER
OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR USE OF THE SITE OR SERVICE
DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO
THE LIABILITY AROSE.
HAYWARD LUXURY, INC. WILL NOT BE RESPONSIBLE
OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR
DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO
THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS;
(2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY
CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS
OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE
OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD
PARTIES CONTRACTED BY HAYWARD LUXURY, INC.;
OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST
OR DAMAGED IN SHIPMENT.
Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for certain
types of damages, in such states or jurisdictions, the liability of Hayward Luxury, Inc. and its
affiliates shall be limited to the fullest extent permitted by law.
You agree to
indemnify, defend and hold Hayward Luxury, Inc.
and the Related Parties harmless from any and all claims, demands, damages or
other losses, including reasonable attorneys’ fees, resulting from or arising
out of your use of the Site and/or the Service, your negligent or intentional
misuse of the Products or any breach by you of these ToU or any other policies
that Hayward Luxury, Inc. may
issue for the Site and/or Service from time to time.
GOVERNING LAW; JURISDICTION
This ToU is
governed by, and will be construed under, the laws of the United States of
America and the law of the State of New York, without regard to conflict of law principles.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Except as provided in
Section 15 below (and claims proceeding in any small claims court), all
disputes arising out of or related to your use of the Site, the Products and/or
the Service shall be subject to the exclusive jurisdiction of the state and
federal courts located within New York, New York and you agree to submit to the
personal jurisdiction and venue of such courts.
You and Hayward Luxury, Inc. agree that,
except as provided in the “Exceptions to Arbitration” section below, all
disputes, controversies and claims related to these ToU (each a ”Claim”), shall be finally
and exclusively resolved by binding arbitration, which may be initiated by
either party by sending a written notice requesting arbitration to the other
party. Any election to arbitrate by one party shall be final and binding on the
other. The arbitration will be conducted under the Streamlined Arbitration
Rules and Procedures of JAMS that are in effect at the time the arbitration is
initiated (the ”JAMS Rules”) and under the terms set forth in these ToU. In the
event of a conflict between the terms set forth in this Section 15 and the JAMS Rules, the terms in this Section 15 will control and prevail.
Except as otherwise
set forth in the “Exceptions to Arbitration” section below, you may seek any
remedies available to you under federal, state or local laws in an arbitration
action. As part of the arbitration, both you and we will have the opportunity
for discovery of non-privileged information that is relevant to the Claim. The
arbitrator will provide a written statement of the arbitrator’s decision
regarding the Claim, the award given and the arbitrator’s findings and
conclusions on which the arbitrator’s decision is based. The determination of
whether a Claim is subject to arbitration shall be governed by the Federal
Arbitration Act and determined by a court rather than an arbitrator. Except as
otherwise provided in these ToU, (i) you and Hayward Luxury, Inc. may litigate in court to compel
arbitration, stay proceedings pending arbitration, or confirm, modify, vacate
or enter judgment on the award entered by the arbitrator; and (ii) the
arbitrator’s decision shall be final, binding on all parties and enforceable in
any court that has jurisdiction, provided that any award may be challenged if
the arbitrator fails to follow applicable law.
BY AGREEING TO THIS
ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HAYWARD LUXURY, INC. WAIVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL.
will take place in your hometown area if you so notify Hayward Luxury, Inc. in your notice of arbitration or
within ten (10) days following receipt of Hayward Luxury Inc.’s arbitration notice. In the absence of a
notice to conduct the arbitration in your hometown area, the arbitration will
be conducted in New
York, New York, unless the parties agree to video, phone and/or
internet connection appearances.
You and Hayward Luxury, Inc. agree that any
arbitration shall be limited to the Claim between Hayward Luxury, Inc. and you individually. YOU AND HAYWARD LUXURY, INC. AGREE THAT (A)
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A
CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT
OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE
JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration.
You and Hayward Luxury, Inc. agree that the
following Claims are not subject to the above provisions concerning
negotiations and binding arbitration: (i) any Claim seeking to enforce or
protect, or concerning the validity of, any of your or Hayward Luxury, Inc.’s intellectual property rights;
(ii) any Claim related to, or arising from, allegations of theft, piracy,
invasion of privacy or unauthorized use; and (iii) any claim for equitable
relief. In addition to the foregoing, either party may assert an individual
action in small claims court for Claims that are within the scope of such court’s
jurisdiction in lieu of arbitration.
This ToU may only
be revised in a writing signed by Hayward Luxury, Inc., or published by Hayward Luxury, Inc. on the Site.
You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Hayward Luxury, Inc. as
a result of these ToU or your use of the Service.
Hayward Luxury, Inc. may assign these
ToU, in whole or in part, to any person or entity at any time with or without
your consent. You may not assign the ToU without Hayward Luxury, Inc.’s prior written consent, and any
unauthorized assignment by you shall be null and void.
If any part of these
ToU is determined to be invalid or unenforceable, then that portion shall be
severed, and the remainder of the ToU shall be given full force and effect.
In the event any
litigation or arbitration is brought by either party in connection with these
ToU, the prevailing party shall be entitled to recover from the other party all
the reasonable costs, attorneys’ fees and other expenses incurred by such
prevailing party in the litigation.
Our failure to
enforce any provision of these ToU shall in no way be construed to be a present
or future waiver of such provision, nor in any way affect the right of any
party to enforce each and every such provision thereafter. The express waiver
by us of any provision, condition or requirement of these ToU shall not constitute
a waiver of any future obligation to comply with such provision, condition or
All notices given
by you or required under these ToU shall be in writing and addressed to: Hayward Luxury, Inc. 33 3. 33rd Street, Suite 1001, New York, NY 10016 ATTN: Legal Department.
You hereby agree
that Hayward Luxury, Inc. would
be irreparably damaged if the terms of these ToU were not specifically
enforced, and therefore you agree that we shall be entitled, without bond,
other security, or proof of damages, to appropriate equitable remedies with
respect to breaches of these ToU, in addition to such other remedies as we may
otherwise have available to us under applicable laws.
This ToU, including
the documents expressly incorporated by reference, constitutes the entire
agreement between you and us with respect to the Site and/or Service and
supersedes all prior or contemporaneous communications, whether electronic,
oral or written, between you and us with respect to the Site and/or Service.