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Terms of Service

The Website sia.storage (the "Website" or "Sites") is provided to you by The Sia Storage Company ("Sia" "we," or "us"). However, the application used to upload your data is not provided to you by The Sia Storage Company. It may be provided to you by The Sia Foundation ("Sia Foundation") or other third party developers and your use of such application is covered under the relevant Terms of Service. To assist you in using our Website, and to explain the relationship arising from your use of our Sites and the programs and services we offer through it, we have created (i) these Terms and Conditions of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy ("Policy") explains how we treat information you provide through the Sites and otherwise. Our Terms govern your use of our Sites. Both our Terms and Privacy Policy apply to visitors to our sites ("Site Visitors") as well as anyone using the programs or services that we offer through it. These Terms apply only to your use of the Website, and receipt of services, information, or any materials through these Sites. These Terms do not apply to any other services, goods, or information you may obtain from Sia.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITES. BY USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS CONTAIN LIABILITY LIMITATIONS, AS WELL AS CERTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN SIA AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITES. SIA MAY PERIODICALLY CHANGE THESE TERMS AND CONDITIONS WITHOUT NOTICE, SO PLEASE CHECK THEM FROM TIME TO TIME AS YOUR CONTINUED USE OF THE SITES SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, INCLUDING CHANGED ITEMS.

Please read the Terms and Conditions carefully and keep a copy for your records. You may receive a copy of these Terms and Conditions by emailing us at: [email protected], Subject: Sia Website Terms and Conditions.

Your Agreement

These Terms govern your use of the Websites. By accessing or using the Websites, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. Please read these Terms carefully as they impose legal obligations on you and on Sia. You may not access or use the Websites if you are not 16 years of age or the age of majority in your jurisdiction. By using the Websites, you represent and warrant that you are 16 years of age or older. If you do not meet these requirements or if you do not agree with all of the provisions of these Terms, you must not access or use the Websites.

The Websites may require you to establish an account and agree to special terms governing your use, such as portals available through our Websites (as described in the "Account" section below). In such cases, you may be asked to expressly consent to these Terms and other terms as necessary, for example, by checking a box or clicking on a button marked "I agree."

Grant of License

Based on your agreement to comply with these Terms, we grant you the license to access and use all areas of the Websites and your Account in order to (i) learn more about the Sia network, (ii) purchase and access storage services provided by Sia Storage Company (iii) print pages from our Websites for your personal use in learning more about Sia ("Permitted Purposes").

Ownership – Reservation of Rights

All information, software, artwork, text, video, audio, pictures, images, banners, custom graphics, button icons, scripts, logos, and other content on the Websites or embodied in our programs and services, including all associated intellectual property rights, are the property of the Sia Foundation, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws. The Sites source code is open source and publicly available on GitHub under an MIT software license. However, the trademarks, service marks, and logos (the "Trademarks") used and displayed herein are registered Trademarks of the Sia Foundation and licensed to Sia Storage, or are Trademark Pending. Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed herein, without the written permission of the Sia Foundation. The Trademarks may not be used in connection with any product or service that is the Sia Foundation's, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits the Sia Foundation. Other products or company names used on the Sites may be the trademarks of their respective owners.

The Sia Foundation and Sia Storage, as its licensee, retain all rights with respect to the Websites except those expressly granted to you in the "Grant of Rights" section above. This means you may not "mirror" this information on your website or modify or re-use the texts or graphics on these Sites. Should any viewer of any Sia Foundation or Sia Storage published document, including these Sites, respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Sia Foundation or Sia Storage document, such information shall be deemed to be non-confidential and Sia Foundation or Sia Storage shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Sia Foundation and Sia Storage shall 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 incorporating such information.

Website Code of Conduct

By using our Websites, you agree to comply with these Terms, and to follow our Website Code of Conduct, which is set out below. Under this Website Code of Conduct, you will not:

  1. Use the Websites in a manner that could disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
  2. Reverse engineer the Sites.
  3. Seek to obtain access to any material or information that we have not intentionally made available to you on the Websites through "hacking," "scraping," or other means.
  4. Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  5. Transmit materials through the Sites that you know or should know contain viruses, Trojan horses, worms, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  6. Upload, post, transmit, or otherwise make available any content that is pornographic, sexually explicit, or obscene, including but not limited to images, videos, text, or links to such material.
  7. Access or use the Websites if you are a person or entity named on any sanctions list administered by the U.S. Office of Foreign Assets Control ("OFAC"), including but not limited to the Specially Designated Nationals and Blocked Persons List ("SDN List"), or if you are located in, ordinarily resident in, or organised under the laws of any country or territory subject to comprehensive U.S. sanctions, or if you are acting on behalf of, at the direction of, or for the benefit of any such person, entity, or territory. By accessing the Websites, you represent and warrant that none of the foregoing applies to you. If any of the foregoing becomes applicable to you at any time during your use of the Websites, you must immediately cease all access and use.

Revocation or Suspension of Use Privileges

We reserve the right at any time, for any reason whatsoever, to terminate or suspend your use of some or all of the Websites if you engage in activities that we conclude, in our discretion, breach our Website Code of Conduct.

When we receive a valid takedown request or are otherwise required to restrict access to content, we will act promptly to disable access to that content via any shared link or platform interface. We will take reasonable steps within our control to prevent further access to such content. We cooperate with law enforcement agencies and respond to valid legal requests in accordance with applicable law. We may be required to preserve, disclose, or restrict access to certain content or information in response to a valid request from a law enforcement or other competent authority.

The Websites may contain links to third-party websites and services or display advertisements for third parties (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of Sia, and Sia is not responsible for any Third-Party Links or for any content, opinions, or materials available on the related third party websites. Sia provides access to these Third-Party Links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, nor does Sia warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. You use all Third-Party Links at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

Warranty Disclaimer

Sia does not promise that the Websites will be error-free or uninterrupted, that the programs, services, and features offered on our Sites will be provided error-free or uninterrupted, that defects or errors will be corrected, or that the Sites and/or the server that makes it available are free from viruses or other harmful component. Furthermore, Sia will not be responsible for any losses, damages or claims arising from events falling within the scope of the following six categories:

  1. Mistakes made by the user during the use of any Sia-related software or service, e.g., forgotten passwords, payments sent to wrong virtual wallet addresses, and accidental deletion of wallets.
  2. Software problems during the use of the Websites and/or any Sia-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Websites and/or any Sia-related software or service.
  3. Technical failures in the hardware of the user during the use of any Sia-related software or service, e.g., data loss due to a faulty or damaged storage device.
  4. Security problems experienced by the user during the use of any Sia-related software or service, e.g., unauthorized access to users' wallets and/or accounts.
  5. Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties. The Sites, and all of the programs and services on the Sites, including Sia-related software and Sia-related services, are available on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
  6. Issues arising from third-party payment processors, e.g., payment processing delays, declined transactions, payment processor service interruptions, or payment security issues.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY WITH MODELS OR SAMPLES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SIA-RELATED SOFTWARE, AND SIA-RELATED SERVICES IS AT YOUR SOLE RISK.

Modification to the Website and These Terms

Sia reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you. You agree that Sia will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Websites. Please feel free to print out a copy of these Terms for your records.

Sia respects the intellectual property rights of others. Per the Digital Millennium Copyright Act ("DMCA"), Sia will respond promptly to claims of copyright infringement if submitted to Sia's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Sia will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by Sia or by a third party who has uploaded materials, please provide the following information to the designated Copyright Agent listed below:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Sia, can contact you;
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
  • Your electronic or physical signature.

Sia may request additional information before removing any allegedly infringing material. In the event Sia removes access to the allegedly infringing materials, Sia will immediately notify the person responsible for posting such materials that Sia has removed or disabled access to the materials. Sia may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Sia designated Copyright Agent is:

Copyright Compliance

302-428-9673

[email protected]

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL SIA (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITES, SIA-RELATED SOFTWARE, SIA-RELATED SERVICES, AND/OR CONTENT CONTAINED ON THE SITES, WHETHER THE MATERIALS CONTAINED ON THE SITES ARE PROVIDED BY SIA OR BY A THIRD PARTY, AND EVEN IF SIA OR A SIA FOUNDATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SIA'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITES, SIA-RELATED SOFTWARE, SIA-RELATED SERVICES, OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITES EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO SIA FOR SUCH SITES PROGRAMS OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS AND CONDITIONS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

Indemnity

You agree to defend, indemnify, and hold Sia and its subsidiaries, affiliates, licensors, services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any and all claims, suits, actions, damage, loss, cost, expense or liability, including attorneys' fees, relating to, arising from or as a result of your use of the Sites, and/or your breach of these Terms. You agree to pay any costs, including reasonable attorney's fees, incurred by Sia to enforce these Terms and Conditions.

Device Connection

Use of the Sites will require your device(s) to have access or connection via mobile network or Internet (fees may apply). Because use of the Sites involves hardware, software and Internet access, your ability to use the Sites may be affected by the performance of these factors. Sia does not guarantee that the Sites can be accessed on all devices. Sia does not guarantee that the Sites is available in all geographic locations. By accepting these terms and conditions, you acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third-party services are subject to the terms and conditions of use established by the respective third-party service providers.

Assignment

These Terms shall not be assignable by you, either in whole or in part. Sia reserves the right to assign its rights and obligations under these Terms.

Governing Law; Jurisdiction

  1. These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of Delaware as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
  2. Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
  3. If any provision of these Terms is held to be invalid or unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
  4. Sia's failure to act, and/or delay in acting, with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches; nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.

Payment Terms

You agree to pay all fees associated with your use of the storage services through the Websites. All payments to Sia Storage Company must be made in fiat currency (USD, EUR, etc.) through our approved payment processor, Stripe, using a valid credit card or other accepted payment method.

By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase. All payments are processed through Stripe, and you agree to be bound by Stripe's terms of service and privacy policy.

You acknowledge and understand that whilst you pay Sia Storage Company in fiat currency, Sia Storage Company utilizes the Sia network and Siacoin cryptocurrency to compensate independent storage hosts who provide the underlying storage infrastructure. The Sia application (provided and maintained by the Sia Foundation) or other application (provided and maintained by other third party developers) interacts directly with the Sia network and independent storage hosts using prepaid allocations from Sia Storage Company, though you are not required to handle cryptocurrency directly. Your contractual relationship for payment and account access is with Sia Storage Company, which bears all responsibility for compensating independent storage hosts.

Failure to pay any fees when due may result in immediate suspension or termination without notice of your access to Websites, the Sia Foundation application or other third party developers application, and all associated services. Upon termination for non-payment, you remain liable for all outstanding fees.

No Cryptocurrency Obligation. You are not required to own, purchase, or handle any cryptocurrency, including Siacoin, to use the services provided through the Websites. All your payment obligations are denominated and payable in fiat currency only.

Account

Before using special features of our Site, such as the portals available through the Site, you may be required to establish an account (an "Account"). Approval of your request to establish an Account will be at our sole discretion. Each Account and the user identification and password for each Account (the "Account ID") is personal in nature. You will not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Site through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You may not: (1) select or use an Account ID of another user with the intent to impersonate that user; or (2) use an Account ID that we, in our sole discretion, deem offensive.

Waiver of Class Actions; Arbitration

  1. Binding Arbitration. You and Sia acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and Sia agree that, except for i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, "Excluded Claims"), any controversy or claim arising out of or relating to the Terms of Service, your relationship with Sia, or your use of any the Websites, Sia-related software, or Sia-related services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the "Covered Claims"), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.
  2. WAIVER OF CLASS ACTIONS. YOU AND SIA AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.
  3. Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the "AAA Rules"). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. As stated in Section XIV, Delaware law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you. Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the "Notice"). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Sia, write to [email protected].

Unless you and Sia agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys' fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the State of Delaware. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the State of Delaware.

All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your Account or profile.

General

Words and phrases used in these Terms have the definition given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms, the term "including" means "including, but not limited to." Section headings are for reference purposes only.

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use will remain in full force and effect.

Unless you have entered into a separate agreement with Sia regarding the Site, these Terms, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and us with respect to the subject matter hereof.

The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms.

Contact Us

Questions about these Website Terms and Conditions should be directed to [email protected].

Effective Date

The effective date of these Terms and Conditions is March 18, 2026