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SENDY: Terms of Use

Last updated July 06, 2022


TABLE OF CONTENTS


1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION 

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. GUIDELINES FOR REVIEWS

9. MOBILE APPLICATION LICENSE

10. SOCIAL MEDIA

11. SUBMISSIONS

12. THIRD-PARTY WEBSITE AND CONTENT

13. ADVERTISERS

14. SITE MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. CALIFORNIA USERS AND RESIDENTS

27. MISCELLANEOUS

28. SENDY TERMS AND CONDITIONS SUPPLEMENT

29. CONTACT US



1. AGREEMENT TO TERMS


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SENDY INC ("Company," “we," “us," or “our”), concerning your access to and use of the sendy.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in California, United States and have our registered office at 720 Bohemian Hwy, Freestone, CA 95472. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.


The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.



2. INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.



3. USER REPRESENTATIONS


By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).



4. USER REGISTRATION

  

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.



5. PROHIBITED ACTIVITIES


You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.


As a user of the Site, you agree not to:


  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  Use any information obtained from the Site in order to harass, abuse, or harm another person.

  Make improper use of our support services or submit false reports of abuse or misconduct.

  Use the Site in a manner inconsistent with any applicable laws or regulations.

  Engage in unauthorized framing of or linking to the Site.

  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  Delete the copyright or other proprietary rights notice from any Content.

  Attempt to impersonate another user or person or use the username of another user.

  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  Use a buying agent or purchasing agent to make purchases on the Site.

  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  Sell or otherwise transfer your profile.




6. USER GENERATED CONTRIBUTIONS


The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:


  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

  Your Contributions are not false, inaccurate, or misleading.

  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  Your Contributions do not violate any applicable law, regulation, or rule.

  Your Contributions do not violate the privacy or publicity rights of any third party.

  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.


Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.



7. CONTRIBUTION LICENSE


By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.


This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.


We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.



8. GUIDELINES FOR REVIEWS


We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.


We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.



9. MOBILE APPLICATION LICENSE


Use License


If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.


Apple and Android Devices


The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.



10. SOCIAL MEDIA


As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.



11. SUBMISSIONS


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.



12. THIRD-PARTY WEBSITE AND CONTENT


The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.



13. ADVERTISERS


We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.



14. SITE MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.



15. PRIVACY POLICY


We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.



16. TERM AND TERMINATION


These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.



17. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.


We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.



18. GOVERNING LAW


These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.



19. DISPUTE RESOLUTION


Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration


If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in King, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in King, Washington, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.


In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.



20. CORRECTIONS


There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.



21. DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



22. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.



23. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.



24. USER DATA


We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.



25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.



26. CALIFORNIA USERS AND RESIDENTS


If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.



27. MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.



28. SENDY TERMS AND CONDITIONS SUPPLEMENT


SENDY Terms and Conditions Supplement. Thank you for using the Sendy service and website. We value you as a user and we are always looking for ways to improve. Feel free to reach out to us with suggestions at [suggestions@sendy.io] As a user, whether you are posting your gear to sell or rent, or looking to buy or use gear post at our website, these terms will govern our relationship and by using our service you are agreeing to the Sendy Terms.  These terms are incorporated into and made a part of our User Guide. See https://www.sendy.io/user-guide Preliminary Suggestions and Guidelines for Users to sell or buy Gear and for rentals: To Sell  ·    We suggest each Vendor post a video showing the details of the product with audio descriptions of the item -- this makes it easy for potential Buyers to see the item and minimizes the chances of a miscommunication. ·    Vendors must include photos of any damage or defects on the products to fully inform potential buyers. ·    Buyers shop until they find an item and make an offer. ·    When Vendors accept an offer to sell a listed item, a print-at-home shipping label will automatically be generated – or print at any UPS store. ·    Pack your sold item with care and apply the shipping label, then drop it off at UPS or schedule a pickup. ·    Shipping rates are paid by the Buyer, but the shipping quotes are based on the dimensions input by the Vendor. Vendors must estimate the dimensions correctly, so the Buyer is not surprised by the shipping cost. ·    If the dimensions are incorrect then SENDY reserves the right to deduct the difference from the proceeds of the sale. ·    Buyers have 3 days to submit a return if the item is clearly different than what was portrayed in the photos and the funds of the sale will be held in escrow until the buyer has accepted the item or the 3 day waiting period has passed. ·    Buyers are responsible for return shipping cost, however the label is provided by SENDY ·    Vendors, you’ve turned your gear in to cash! Now it’s time to check our Sendy for some new Gear.   Rent  ·    Vendors posting Gear for rental on Sendy should follow the same guidelines as for sale as to video, photos, dimensions, etc. ·    Sendy will generate a QR code for the Buyer when the Vendor has accepted the Buyer’s request. When the Buyer arrives to pick up the item, the Vendor simply scans the QR code and the Buyer will be prompted to take photos of the item to confirm it’s condition. ·    On return, the Buyer will again take photos to confirm the condition -- if there is no issue with the item then the deposit will be refunded. ·    If the rented item has been damaged, and the Buyer agrees, the Vendor and the Buyer can agree to a damage amount. ·    If the Buyer disagrees with a damage assessment by the Vendor, the Vendor will submit a request including photo verification to the team at SENDY and the case will be quickly reviewed and it’s possible that a portion of the deposit or the deposit in its entirety will be held to repair or replace the item. ·    The deposit amount for each item is set by the Vendor listing the item for rent. ·    If the damage is greater than the deposit, Vendors are encouraged to submit a claim to claims@sendy.io ·    Sendy reserves the right to charge additional damage fees to Buyer’s credit cards on file or SENDY balance. ·    If an item is not returned within 24 hours of the end of rental period, SENDY will assist in the filing of a police report and will include all known information on the user, including ID, address, phone number, last known location and relevant serial numbers. All funds in the users SENDY wallet will be frozen and the damage deposit will be held in full and the user will be blocked from making any additional transactions on SENDY ·    In every transaction, good or not, each party will be able to leave a review and rating on Sendy for the other – be a good Sendy-er!  Applicable Terms for All Sendy Transactions General. For convenience, these definitions are used in these Sendy Terms: ·    “Gear” means any sports equipment, such as kayaks, skis, boards and boots, and any tool or item posted for sale or rent on Sendy. ·    “Vendor” means the person or entity that posts Gear for sale or rent on Sendy. ·    “Buyer” means the person or entity who will buy the Gear or rent the Gear for use on Sendy. ·    The “Sendy Terms” are these terms and conditions. ·    The “Vendor Terms” are separate terms posted by the Vendor. ·    “Sendy” or “us” means Sendy, S.P.C. as operator of our website. ·    A “Sendy User” or “you” means any Vendor or Buyer, or visitor to the Sendy website. ·    Our “website” means our mobile or online internet site or sites that enable and support Gear sale and rental transactions between and among Sendy Users. In any transaction on Sendy, the Buyer is entering into an agreement directly with the Vendor. Sendy is simply acting as a neutral venue and is not a party to the transaction. It is ultimately the Vendor, and not Sendy, who is responsible for the condition of the Gear, and any issues the Sendy User may encounter with the Gear. In addition, any Vendor is able to post their own Vendor Terms with respect to the transaction, and those terms will apply between the Vendor and the Buyer in addition to the Sendy Terms. In the event of any conflict among the Vendor Terms and the Sendy Terms, the Sendy Terms shall apply. With respect to the financial transaction involved, we will act as a service to facilitate transactions, and we charge fees to Vendors for our service, and such fees will be retained from remittances to Vendors when a transaction has cleared pursuant to our published guidelines. Shipping and return terms and payments will be facilitated on the website but services are provided by third-party services of your choosing. In addition, you may be charged by third parties for payment processing, including credit card processing fees. The fees to the Buyer will listed be on their orders and will appear on their receipts. It is your sole responsibility to ensure that correct amounts are applied as payment for mailing and shipping services. We shall not be responsible for returns for delivery delays, refusals, or any other problems caused by applying the incorrect rate to mail or packages. In all transactions deposits and funds are held by one of our third-party payment partners to assure authenticity and compliance. For rentals, a damage deposit is collected and held until after the rental has been completed by the Buyer. For purchases, purchase funds are held in escrow until the Buyer accepts the item or 72 hours have passed since the delivery scan  Lost, Damaged, or Unreturned Gear. You assume and bear the entire risk of loss and damage to the Gear from any and every cause. No loss or damage to the Gear or any part thereof shall impair any of your obligations under this Agreement, which shall continue in full force and effect through the term. In the event of damage of any kind to the Gear, You agree to allow Sendy to charge Your credit card for the full cost of repair of said damaged Gear. Sendy expressly reserves the right to choose the repair method and venue, within reasonable market value terms. You agree to be bound, legally and otherwise, by the report of Sendy’s chosen repair venue as to the cause of the damage to the Gear. In the unlikely event that the Gear appears damaged when You receive it, You must notify Sendy immediately within three hours of receiving the shipment. In the event of loss, You agrees to allow Sendy to charge Your credit card for the full retail price of the Gear. The full retail price of a comparable substitute will be charged in addition to the late fees assessed prior to deeming the Gear “lost” or “unreturned.” Gear is deemed to be “lost” or “unreturned” when You have failed to ship rented Gear to Sendy within two (2) business days after the term. If You return Gear, in an undamaged state, to Sendy within thirty (30) days of the Event Date, the charge to the Your credit card for the price of a comparable substitute will be refunded to You by Sendy and a late fee will be charged to Your credit card. Late returns are subject to a fee of one fourth of the rental price at time of purchase per day. After thirty (30) days, all sales are final. You are responsible for the cost of the return postage, which is non-refundable unless the item sent is incorrect or faulty. Any return postage cost refunded by Sendy will be based on the USPS cost (second class signed for or economy equivalent) for the weight of any incorrect or faulty item you return. If you choose to send any non-faulty items as well, the return postage cost for these items is non-refundable. Please note that if the return postage cost exceeds the original order amount, we can issue this via PayPal. Payment shall be processed after delivery of Gear and upon the submission of the required supporting documents. Please note that the corresponding bank transfer fee, if any, shall be chargeable to the Your account. Assumption of Risk. You acknowledge that the Gear available through Sendy is typically used for inherently dangerous activities, and that the possession, use, transportation and/or storage of the Gear may give rise to the risk of personal injury and/or property damage. You understand that the Gear is not new, has been used, and may be in worn condition. You voluntarily assume all such risk and release and discharge Sendy and the Gear from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Sendy's negligence (other than Our intentional misconduct). Shipping Responsibility. Vendor shall arrange for shipping of all Gear posted on Sendy, which may be through a shipping partner made available on the Sendy website, and Vendor's responsibility ceases when the carrier signs for the shipment in good order. Under no circumstances will Sendy be responsible for any damage caused by delays in shipment, whether resulting from causes within or beyond the control of Sendy. Sendy shall bear no liability for shipping or for products lost or damaged during transit. Sendy is not responsible for loss or damage to goods in transit, or delays or carriers in delivering shipments or for damages resulting from such delays as those caused by fire, explosion, act of God, strike or other difference with workmen, shortage of material or labor, delays in transportation, government restrictions, war, riot, civil commotion or cause beyond our control. Where shortage or damage is apparent, details should be noted by the carrier on the freight bill at the time of delivery. In case of concealed damage, carrier should be called at once to inspect the damaged shipment. No Description Warranty. Sendy is not responsible for any omissions or errors in description of items being offered. It is Your responsibility to inspect and satisfy yourself as to the details and conditions of the Gear prior to use. Sendy does not attest to the authenticity of any item. Warranty Waiver. The Gear is provided by the Vendor “as-is” and “with all faults”. Sendy makes no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose) with respect to the Gear, nor does Sendy make any warranty against interference, infringement, that the Gear is fit for your intended use, application or environment, or that it is free from defects (latent or patent). In summary, no warranties shall be deemed to made by the Vendor or Sendy, or exist with respect to, the Gear. There are no oral or other representations, warranties or agreements not included in this Agreement. It is the Buyer’s responsibility to inspect the Gear and ascertain its condition when received. Hold Harmless/Indemnity: You assume all risks associated with the possession, use, transportation and storage of the Gear. Accordingly, you hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Sendy from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths), property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage of the Gear, regardless of the cause and including any injuries and/or damages suffered by you, your employees and/or any third party(ies), except to the extent directly resulting from Sendy's intentional misconduct. Assumption of the Risk and Insurance. You assume all risk in connection with the transaction, shipping and use of Gear. You have the insurable interest, whether as Vendor or Buyer, and insurance is highly recommended or required if noted when completing a transaction. ·   Gear Failure: The Buyer shall certify all Gear posted on Sendy is in good repair and usable in the ordinary course. In the event the Gear fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, the Buyer agrees to immediately discontinue use, notify Sendy, and if directed to do so, return the Gear. ·   Use of Gear: The Gear is authorized for use only by the Buyer and no other person, unless such other persons execute a similar Agreement with Sendy and any other written agreements that are required by Sendy. The Gear is authorized for use only for its ordinary purpose. ·   Compliance with Laws: You agree to comply fully, at your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Gear. Gear Prohibited. The following Gear and similar items are not allowed on Sendy ·   Firearms of any type, including pistols, rifles, shotguns and replicas thereof. ·   Firearm accessories, including kits used to create a firearm, polymer 80 frame kits, flash suppressors, silencers, sears, magazines, magazine extenders, bump fire stocks, grenade launchers, pistol conversion kits, barrel shrouds, forward pistol grips, and threaded barrels and any part or accessory in violation of local law. ·    Assault weapons, including parts and accessories, blueprints and instructions and any part or accessory in violation of local law. ·    Firearm receivers, even if incomplete. ·    Ammunition for firearms, including bullets, cartridges, casings, shells, and hulls. ·    Hand carried weapons and similar items, including brass knuckles in any form, leaded canes, nightsticks, nunchakus, sansetsukons, or throwing weapons. ·    Other weapons such as blow or dart guns, flare guns, potato guns, tear gas, disguised stun guns, or tasers, including training or practice weapons such as batons, nunchakus, and throwing stars. Content Prohibited: The following content is not allowed to appear on Sendy, in ads or postings: ·    Children in adult or dangerous situations. For example, ads must not show children close to, or handling, firearms or other weapons, or in situations which may contravene established child safety best practices (such as children in vehicles without their seatbelts fastened or cycling without helmets), or without adult supervision in places or situations where they cannot safely look after themselves (such as swimming pools, crossing busy roads or around dangerous equipment). ·    Content directly targeted at or that appeal to children due to the messaging, imagery, or targeting. ·    Pornography or explicit sexual content, including full nudity, which Sendy defines as fully visible intimate body parts: genitals, female breasts (not including breastfeeding), and buttocks. ·    Obscene, controversial, defamatory, libelous, or illegal materials; ·    Foul, vulgar, or obscene language or language containing profanity, including obscured profanity (such as s@#t or WTF), graphic or suggestive language or double entendres, or scatological references. Religious advocacy, either advocating or demeaning any religion. ·   Threatening, abusive, or harassing, or content that advocates or discriminates against a protected group (whether based on race, color, national origin, religion, disability, sex, sexual orientation, disability, age or any similar or another category). ·    Content that is: o  Invasive of another's privacy. o  Deceptive, false, or misleading content. o  Emotionally draining or exploitative, including content that portrays abused humans or animals. ·    Content that: o  promotes practices that can result in the physical or mental harm of customers. o  encourages, glamorizes or depicts excessive consumption of drugs or alcohol. Excessive violence or gore. For example, exposed guts or dismemberment. Exploitation of sensitive events such as natural disasters, human-caused disasters, incidents of mass trauma and/or casualties, or the death of public figures. o  revolves around highly debated social topics o  in political content, such as campaigns for or against a politician or a political party, or related to an election, or content related to political issues of public debate.  



29. CONTACT US


In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:


SENDY INC

 720 Bohemian Hwy

Freestone, CA 95472

United States

Phone: 7073391794

ian@sosendy.com