Terms of Use

Last Updated: October 21, 2015

Terms of Use and Sale

Please read these Terms of Use and Sale (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Brandly, Inc. (“we” or “us”) concerning (a) your use of and access to the Brandly website currently located at http://www.brandly.com and its subpages, mobile versions, together with any content, materials, web applications and services made available therein, and successor site(s) (the “Site”) and (b) your purchase of goods, services and products via the Site (the “products”). Any use of or access to the Site or purchase of products is subject to this Agreement.  This Agreement applies to all versions of the Site, including test versions, such as alpha and beta versions. You are entering into a legally binding agreement (even if you are using our the Site or purchasing products on behalf of a company or organization).

This Agreement hereby incorporates by reference any additional terms and conditions applicable to use of the Site that are posted by us through the Site, or otherwise made available to you by us.

  1. Acceptable use.
    1. You must not use or access the Site to do any of the following:
      1. Post, transmit or otherwise make available through or in connection with the Site any materials or content that are or may be: (1) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (2) defamatory, libelous, fraudulent or otherwise tortious; (3) obscene, indecent, pornographic or otherwise objectionable; or (4) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
      2. Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is (or is potentially) harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
      3. Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
      4. Harvest or collect information about users of the Site.
      5. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
      6. Restrict or inhibit any other person from using the Site.
      7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent.
      8. Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
      9. Remove any copyright, trademark or other proprietary rights notice from the Site.
      10. Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.
      11. Systematically download and store Site content.
      12. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
      13. Produce items, products or services that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
    2. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
    3. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
  2. Eligibility To Use Site and Purchase Products.
    1. By using the Site or purchasing our products, you represent and warrant that you are at least 18 years of age and located within the United States.
    2. The Site is controlled or operated from the United States, and is not intended to subject us to any non-U.S. jurisdiction or law. The Site may not be used in any non-U.S. jurisdiction. Any use of the Site outside the U.S. is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
  3. Privacy Policy.
    1. Our collection and use of certain information made available by you through the Site is governed by our Privacy Policy, located at [URL] as updated from time to time (the “Privacy Policy”), which is hereby incorporated into this Agreement by reference.
  4. Registration; User Names and Passwords.
    1. You may need to register to use all or part of the Site (including to purchase products). We may reject, or require that you change, any user name, password or other information that you provide to us in registering.
    2. Your user name and password are for your personal use only and should be kept confidential; you, and not us, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.
  5. Your Materials and feedback.
    1. You may make available certain materials through or in connection with the Site, such as materials, images, photographs, graphics, logos, text, data, trademarks, trade names that you may submit to be incorporated or displayed in products you order (“Your Materials”). In addition, you may provide us with any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site, to the products, or otherwise.
    2. You are responsible for ensuring that Your Materials comply with our system and technical requirements as listed on the Site or as we communicate to you orally or in writing.  Please note that the requirements may change from time to time, and you are responsible for ensuring Your Materials comply with the current requirements.
    3. You retain ownership of Your Materials and Feedback. For each submission of Your Materials, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicenseable (through multiple tiers) license, without additional consideration to you or any third party, to host, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit Your Materials, in any format or media now known or hereafter developed, to provide you with the Site and the products you order, and to otherwise fulfill our obligations to you. 
    4. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicenseable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit your Feedback, in any format or media now known or hereafter developed, for any purpose. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
    5. You represent and warrant that you have all rights, authorizations and consents necessary to grant the licenses and for us to receive the license as contemplated under this section and Section ‎6, and that Your Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Your Materials that you may have under any applicable law under any legal theory.
  6. Our Use of Your Material for Marketing Purposes.
    1. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicenseable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit Your Materials (except Personal Information as defined in our Privacy Policy), in to create testimonials, white papers, case studies, advertisements, and other material to promote the Site, our services, and our products (“Marketing Purposes”). 
    2. Please note that your Personal Information (as defined in our Privacy Policy) is not included in the above license.  We will not use your Personal Information, such as your name, for any of the above Marketing Purposes without your prior consent.
    3. If you do not want us to use Your Material for any of the above Marketing Purposes, please contact us in accordance with Section ‎26 (Contacting Us) below. 
  7. Limited License to You.
    1. Subject to your ownership in Your Materials, we own all right, title, and interest in and to the Site and products, including all intellectual property rights therein and our trade names, trademarks, service marks and logos and the inventions, designs, concepts, ideas, processes, methods, techniques, improvements thereto, and know-how related thereto in the products.  Except for the limited license below, nothing in this Agreement transfers, conveys, or licenses to you any right, title, or interest in the foregoing.
    2. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use the Site under this Agreement, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your internal business use and to purchase products from us in accordance with this Agreement.
    3. Without limiting the above, you may not violate our copyrights or other intellectual property rights in or to the Site, including by reproducing, distributing, republishing, downloading, storing or transmitting any of the material on the Site. You also agree not to: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; or (d) access or use any part of the Site or any services or materials available through the Site for any external, commercial purposes.
  8. Third Party Materials; Links.
    1. You may have access to certain materials or products made available by third parties via the Site (“Third Party Materials”).  The Site may also allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
    2. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
    3. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
  9. Purchase of Products; Acknowledgment and Confirmation Emails.
    1. When you place an order for products on our Site, you are offering to purchase our products subject to this Agreement and will receive an acknowledgment e-mail confirming receipt of your order at that time (the “acknowledgment e-mail”).  The acknowledgment email is only an acknowledgment and does not imply in any way that we have accepted your offer to purchase our products.
    2. When we send you a confirmation by e-mail that our products have been sent to you (the “confirmation e-mail”), a binding contract is formed between you and us for the purchase of our products.  Only those products listed in the confirmation e-mail will be included in the contract formed under these terms and conditions. If you believe that the confirmation e-mail contains mistakes, please contact us immediately.
  10. Products for Internal Use Only.
    1. All products ordered by you must only be purchased for your internal business purposes.  You may not use the products for any other purpose (such as outside commercial use), nor lend, rent, lease, resell or sell our products to a third party.
  11. Delivery.
    1. When you order any of our products, they will be delivered within a reasonable time after the receipt of your order, subject to availability of our products and this Agreement. We will deliver our products to the address you provide us during the checkout process using our standard methods for packaging and shipping such products.
    2. If you order multiple products, we may ship our products to you separately, depending on their availability.
    3. Unless you can provide conclusive evidence proving otherwise, the products listed in the confirmation e-mail are conclusive evidence of the products you received on delivery. We are not responsible for any products not delivered to you unless you give us written notice in accordance with Section ‎26 (Contacting Us) below of the non-delivery within two weeks of the date when the products should have been received, assuming the ordinary course of events.
  12. Risk of Loss.
    1. You agree that upon shipment (delivery to the carrier), ownership, and risk of loss and title for the products you order, pass to you.  For any product that is to be provided to you in an electronic format, you agree that such delivery of such product will be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for download from the Site.
  13. Cancellation Policy.
    1. We may reject any order or cancel any purchase of products at any time in the following cases, subject to a refund only (of the price you paid for the products at the time of your order) where expressly specified:
      1. The products ordered are not available or in stock (subject to a refund);
      2. The information you provide to us in connection with your purchase is incorrect or cannot be checked;
      3. Your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems;
      4. We have reason to believe that your purchase is intended for a further commercial activity or otherwise not in compliance with this Agreement;
      5. There has been an error in the price of the products as advertised by us on the Site (subject to a refund); or
      6. We cannot deliver our products to the address you have provided (only subject to a refund if this is due to an act or omission on our part).
    2. Where we do not specify that you will be entitled to a refund, we may still provide you with a refund in our sole and absolute discretion.
    3. We try to make sure all descriptions of our products and corresponding listed prices on the Site are accurate and correct. However, mistakes do happen and we will try to resolve any price or description errors as soon as reasonably possible. If we suspect that such an error has affected your order, we will make reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If we cancel the order or if you cancel the order, and you have already paid for our products, you will receive a refund of the price you paid for our products at the time of your order.
  14. Return Policy
    1. Please review Your Materials carefully before submission.  We are generally unable to accept cancellations or changes to orders once they are placed, as they are frequently sent immediately into production. You are solely responsible for Your Materials when you submit them, including ensuring that they do not contain any mistakes or errors, are correctly spelt, are of the correct color and design, and are uploaded with adequate resolution. We do not proof Your Materials prior to processing.
    2. If the product you received is incorrect, wrong, defective, or damaged (“Defect”), we ask that you contact us in accordance with Section ‎26 (Contacting Us) below within 10 days of receiving your product. If you do not contact us within that period, you waive any remedies that would have been available to you for the Defect. 
    3. We will only provide you with a refund or offer you a replacement product if the Defect is caused by a manufacturing error or a printing error (where we have misprinted Your Materials submitted to us).  In any other circumstance, it will be in our sole and absolute discretion if we decide to offer you a refund or replacement, and in doing so, this will be a one-off goodwill decision only.  Without limiting the foregoing, any Defect resulting from your act or omission, such as an error in Your Materials that you submit, will not entitle you to a replacement product or refund.
    4. If we offer you a refund or replacement product, you must follow the instructions we provide to be eligible for the refund or replacement product, including any instructions relating to the delivery of the product subject to the Defect back to our designated address.  Any refund provided will be at the original price of the product via the original payment method. Depending on the nature of the product ordered, the process time of the refund or replacement will vary. 
    5. If products are missing from your order, please contact in accordance with Section ‎26 (Contacting Us) within 10 days of receipt of your package.
  15. Information About Our Products.
    1. Our products may be viewed on the Site, and therefore you acknowledge and agree that on the Site: (a) the colors of products as shown will depend on many factors, including your display settings and the device you are using to view the Site; (b) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (c) pictures and images on the Site are for illustration purposes only.
    2. We reserve the right to adjust prices, products and special offers any time at our discretion.
  16. Price and Payment.
    1. You agree to purchase our products from us at the prices specified on the Site at the time you place your order, including any shipping costs and applicable taxes. Unless otherwise specifically specified by us, the published prices applicable to our products do not include: (a) shipping costs, which will be separately specified during your checkout process; (b) any sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you to us. You are not, however, responsible for any taxes imposed on, or with respect to, our income, revenues, gross receipts, personnel or real or personal property or other assets.
    2. When placing an order for our products, you are responsible for ensuring that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or other authorized payment account used to place your order and that there are sufficient funds to cover the cost of our products.
  17. Promotions.
    1. From time to time, we may offer product or shipping discounts (a “Promotion”), such as through promotional codes to be entered on the Site.
    2. Any such Promotion is offered in our sole discretion and through the Promotion’s own terms and conditions (if any).  The terms and conditions of such a Promotion do not extend to any other products or other Promotions.  Please carefully review any terms and conditions of the Promotion before ordering any products covered by the Promotion. Unless the Promotion’s terms and conditions state otherwise, the following restrictions apply:
      1. Promotions are not transferable.
      2. Promotions may only be used once and cannot be used on subsequent orders.
      3. Promotions have no cash value and cannot be exchanged for cash or credit.
      4. Promotional codes must be submitted at the time of the order.
      5. Expired Promotions are not valid.
      6. Tax and delivery are not included in calculating minimum purchase requirements.
      7. Promotions are not valid on previous purchases.
      8. Promotions are limited to one per customer.
    3. We reserve the right to reject orders that use a promotional code that was obtained from a bulletin board or other Internet site.  We also reserve the right to reject orders for a Promotion that is in violation of any of the restrictions listed above or contained in the Promotion’s terms and conditions.
    4. If the Site does not accept your promotional code and you believe the code to be valid, please contact us in accordance with Section ‎26 (Contacting Us) below.
  18. Disclaimer of Warranties.
    1. To the extent permitted under applicable law, the Site and Products are made available to you “AS IS” without any warranties or guarantees of any kind, whether express, implied or statutory. We disclaim all warranties and guarantee with respect to the Site and products to the fullest extent permissible under applicable law, including any warranties or guarantees of merchantability, accuracy, completeness, fitness for a particular purpose, non-infringement and title.
  19. Limitation of Liability.
    1. To the extent permitted under applicable law, we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, or any damages for loss of profits, use or data, loss of other intangibles, loss of security of Your Materials (including unauthorized interception by third parties of Your Materials), even if advised in advance of the possibility of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. Your rights to receive a refund or replacement products pursuant to this agreement constitutes your sole and exclusive remedy in relation to any defect.
    2. To the extent our liability has not been excluded or limited under this agreement, our aggregate liability arising out of or in connection with this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, will not exceed the total of any amounts paid to us by you for the relevant products sold under this agreement.
  20. Indemnity.
    1. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys’ fees) in connection with (a) your use of, or activities in connection with, the Site (including Your Materials); (b) any violation or alleged violation of this Agreement by you or any person who has used your Site account credentials, or (c) any allegation that Your Materials or Feedback violates or breaches a person’s rights, including their intellectual property rights or rights of confidence or privacy, or any other rights under law or contract, except to the extent such claims, losses, costs or expenses are caused by our negligent or wrongful acts or omissions or breach of this Agreement.
  21. Termination or suspension.
    1. We may terminate or suspend your use of the Site at any time and without prior notice, including if we believe that you have breached any terms of this Agreement or have acted inconsistently with your rights or obligations under this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
    2. Sections ‎5 (Your Materials and Feedback), ‎6 (Our Use of Your Material for Marketing Purposes), ‎18 (Disclaimer of Warranties), ‎19 (Limitation of Liability), ‎20 (Indemnity), ‎21 (Termination or Suspension), ‎27 (Miscellaneous), and ‎28 (Interpretation) shall survive any termination of this Agreement or any closure of the Site.
  22. Changes.
    1. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site, or, if we think the changes will be materially detrimental to you and we have your contact details, then by emailing you via the contact details you provided us.
    2. Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
    3. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links).
  23. Copyright Infringement Claims.
    1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
    2. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Any notice submitted must include the following:
      1. Your physical or electronic signature;
      2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
      3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
      4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
      5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
      6. A statement that the information in the written notice is accurate; and
      7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    3. Any notice that fails to comply with the above requirements shall not be considered to either provide us with actual knowledge of infringement or make us aware of facts or circumstances from which infringing material or acts are apparent. Notices and counter-notices must be sent in writing to the Copyright Department at Brandly, Inc., as follows:
      1. By mail to Copyright Officer, Brandly, Inc., 1900 S. Norfolk Street, Suite 350, San Mateo, CA 94403, Attn: Copyright Department; or
      2. By e-mail to copyright@brandly.com; or
    4. General copyright inquiries, but not DMCA notices or counter-notices, may be made by phone by calling 650-364-8900 x121.
    5. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
  24. Export Controls.
    1. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
    2. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, or are exporting goods to any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
  25. Events Beyond Our Control.
    1. Notwithstanding any other provision of this Agreement, we are not liable or responsible to you, nor will we be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any part of this Agreement, when and to the extent such failure or delay is caused, prevented, restricted or interfered by any acts or circumstances beyond our reasonable control, including any delays or issues in shipment or by the relevant carrier, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown, power outage, failures or interruptions on our e-commerce backend services, payment processing services or and software failures.
  26. Contacting Us
    1. If you have any questions about this Agreement, the Site or the products, please contact us via: 

Brandly, Inc.

165 Jessie St. #4

San Francisco, CA 94105

Attn: Support

Email address: support@brandly.com

Phone:   650-364-8900 x121 during the hours of 9:00 a.m. to 5:00 p.m. Pacific Monday through Friday

    1. Please note that email communications are not always secure; so please do not include credit card information or other sensitive information in your emails to us
  1. Miscellaneous.
    1. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in San Mateo County, State of California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
    2. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
    3. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
    4. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without restriction.
    5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
    6. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
    7. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.
    8. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  2. Interpretation. 
    1. In this Agreement: headings are for convenience only and do not affect the interpretation of this Agreement; the singular includes the plural and vice versa; words that are gender neutral or gender specific include each gender; where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; the words “such as,” “including,” “particularly” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation; and no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it.
    2. In this Agreement, a reference to: (a) a person includes a natural person, partnership, joint venture, Governmental Agency, association, corporation or other body corporate; (b) a thing (including a chose in action or other right) includes a part of that thing; (c) a party includes its successors and permitted assigns; (d) a document includes all amendments or supplements to that document; (e) a section, article, clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to this Agreement; (f) a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced; (g) an agreement other than this Agreement includes an undertaking, or legally enforceable arrangement or understanding, whether or not in writing; and (h) a monetary amount is in US dollars.