​​SenterME Terms & Conditions 

​1. Introduction  

SenterME Wellness LLC (“SenterME”) provides content and services via: https://www.SenterMEApp.com (the “Website”) and other delivery methods and services (the Website and all other delivery methods and services are collectively the “Services”). These Terms and Conditions (the “Terms”) govern your access to and use of the Services. The terms “you” and “your” refers to the user of the Services. The terms “our” and “we” refer to SenterME.  

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These Terms become effective at your first access or use of the Services and continue to be in full effect during and in some instances after your use of the Services. By accessing, downloading, or using the Services, you certify that you have read and understood these Terms, and, as a condition to your use of the Services, you agree to be bound by these Terms. If you do not satisfy the eligibility requirements set forth below or if you do not agree with any part of these Terms, you do not have our permission to use the Services.  

We respect and protect any personal information you provide and personal information collected by us in the process of your use of the Services. For information about our privacy practices, please see our Privacy Policy (the “Privacy Policy”). By using and accessing the Services, you certify that your use of the Services is subject to our Privacy Policy.  

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By using the Services, you understand that SenterME is not a provider of healthcare or mental health services. 

YOU AGREE THAT THE SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL OR MENTAL HEALTH EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CALL 911 OR VISIT THE NEAREST EMERGENCY ROOM. IF YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM ACTIONS, PLEASE CALL OR TEXT THE SUICIDE AND CRISIS LIFELINE: 988. DO NOT ATTEMPT TO USE THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS.  

We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person. 

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2. General Information on the Services, Use, and Access 

2.1 The Services 

Through the Services, we provide self-care information, including, without limitation, meditation, audio sessions in empowerment, self-discovery, healing, mindfulness, and stress-release, as well as self-check-in and community features. 

 

2.2 Use of Services 

Whenever you use or access the Services, you agree to be bound by these Terms (as described above) and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments (collectively, “Applicable Law”). You may also be asked to click “I agree” prior to your purchase or access to the Services. If you do not click “I agree,” you may not be able to complete your purchase or access the Services. If you do not agree to these Terms, you may not use or access the Services. 

 

2.3 Changes to Terms 

We reserve the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Services. We may notify you of such changes via pop-up or push notifications within the Services or via email. If you continue to use the Services after modification, you agree to abide by the modified Terms. 

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3. Joining the SenterME App

3.1 Account Registration 

To access certain features of the Services, you may be required to create an account. During account registration, you will be required to provide us with information including your name and contact information (“User Information”). You agree to provide accurate, current, and complete User Information during the registration process and to update such User Information when necessary. Your use of the Services may be suspended or terminated without notice or liability to you if your User Information is no longer valid. You are solely responsible for all activities that occur under or through your account. 

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3.2 Eligibility 

By using the Services, you represent and warrant that: (1) you are at least 18 years old; and (2) your use of the Services complies with Applicable Law.  

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By using the Services, you agree that: (1) you are legally capable of entering into binding contracts; (2) you will maintain the accuracy of your User Information; and (3) your use of the Services does not violate these Terms or Applicable Law. 

 

3.3 Payment Terms 

If you purchase a subscription or any other portion of the Services that require payment of fees, you agree to pay all fees and charges specified, including applicable taxes. All payments are in U.S. Dollars and are non-refundable except as expressly provided in these Terms or required by Applicable Law. You authorize us to charge all sums for the Services you select, as outlined in these Terms, to the payment method listed in your account. Prior to your purchase, we may request a pre-authorization of your payment method to verify the validation of your payment method and sufficient funds to cover your purchase. 

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3.4 Subscriptions & Purchases 

The Services may include a subscription model (a “Subscription Service”). A Subscription Service may be available via automatically recurring payments for periodic charges, including monthly or annual options (a “Subscription Term”). For the purposes of our monthly or annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. 

 

3.4(a) Automatically Renewing Subscriptions 

If you activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis, all accrued sums (a “Subscription Fee”) on or before the payment due date for the accrued sums. We will automatically charge your Subscription Fee and all applicable taxes to the payment method provided in your account on the date when you purchase your first subscription to the Services (a “Subscription Billing Date”). The Subscription Term will continue unless and until you cancel your Subscription Service or we terminate your Subscription Service or your account. 

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3.4(b) Cancellation of Subscription Service 

You may cancel your Subscription Term as outlined below. Cancellation of a Subscription Term is effective at the end of the applicable monthly period. You will continue to have access to the Subscription Service until the day of your next Subscription Billing Date. Your Subscription Service will be canceled without notice at our discretion if you fail to pay the Subscription Fee when due. 

 

3.4(c) Subscription Services Refund Policy 

Payments are non-refundable except as expressly provided in these Terms or required by law. 

 

3.5 Benefit Sponsors 

Many groups, including but not limited to employers, healthcare providers, health plans, universities, government entities, municipalities or hospitals (“Benefit Sponsor” or “Benefit Sponsors”) may purchase and introduce the Services to their employees, eligible dependents and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for access to the Services. In such event, the Benefit Sponsor terms and conditions will also apply to your access and use of the Services. In the event of any conflict with such additional terms and these Terms, the additional terms will prevail. 

 

Your access to the Services may be terminated if the relationship between SenterME and your Benefit Sponsor terminates or expires, or if your relationship with your Benefit Sponsor ends. If this happens, we will use reasonable efforts to give you seven (7) days’ notice before access to the Services are terminated. 

 

3.6 Changing Fees 

We reserve the right to set and change prices for the Services, including Subscription Services. We may adjust fees for any parts of the Services (including Subscription Services) at any time, including adding extra charges, provided that reasonable advance notices are given before the changes take effect.  

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4. Termination & Cancellation 

4.1 Termination by Us 

We reserve the right to immediately terminate your access to or use of the Services for any reason and at any time, including, if we believe in our sole discretion that you violate or attempt to violate Applicable Law or breach these Terms.  

 

4.2 Cancellation by You 

You may cancel your Subscription Service at any time. Cancellation of a Subscription Term is effective immediately. Please make any such cancellation by navigating to your SETTINGS then to MANAGE ACCOUNT. 

 

5. Prohibited Use of The Services 

By using the Services, you agree not to: 

(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Services in any way, or create derivative works of the Services; 

(b) Record any content provided by the Services; 

(c) Use the Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever; 

(d) Upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services; 

(e) Interfere with or disrupt the operation of the Services or to violate any of the procedures, policies or regulations of networks connected to the Services; 

(f) Access the Services in an unauthorized manner, including in violation of any local, state, national or international law; 

(g) Circumvent any territorial restrictions applied to the Services; 

(h) Perform any fraudulent activity including impersonating any other person or entity while accessing or using the Services; 

(i) Conduct yourself in an offensive manner while using the Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease); 

(j) Use the Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes); 

(k) Use the Services for any purposes related to scientific research, analysis or evaluation of the Services without our express written consent; 

(l) Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part or use the Services except for your own personal use; 

(m) Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; 

(n) Sell or otherwise transfer (i) access granted under these Terms, (ii) any material or content from the Services, or (iii) any right or ability to view, access, or use the Services; or 

(o) Attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person to engage in any of the acts described in this Section or otherwise as prohibited by the Terms. 

 

By breaching the provisions of this Section, you may commit a criminal offense under one or more Applicable Laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately. 

 

6. Matters of Ownership 

Subject to the limitations set forth in these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Services. All content included in the Services, including, but not limited to, text, graphics, logos, images, software, computer code (including source code or object code), and all other elements of the Services, are the property of us and/or our content suppliers and protected by intellectual property laws. You may not use, record, reproduce, sell, or distribute any content from the Services without our express written permission. 

 

6.1 User Content 

The Services may let you submit content to us. For example, you may be able to post comments or images in certain functions or features of the Services. “User Content” refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Content does not include the User Information, purchase of the Services, or service use information which you provide in registering for and using the Services. If you review or submit User Content, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Content in accordance with these Terms, then you should not do so. ‍‍ 

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By providing User Content to us, you agree to grant us a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to display, reproduce, store, transfer, and modify for display formatting purposes your User Content, in whole or in part, in any media forms, as part of the Services.  

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We are not responsible or liable for any User Content. You are solely responsible for the User Content that you publish via the Services. By publishing your User Content via the Services, you represent that your User Content does not and will not: (1) infringe or cause us to infringe any third-party right, (2) violate or cause us to violate Applicable Law, and (3) require us to pay any royalties or consideration to any third parties. 

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We reserve the right to screen, remove, edit, or block any User Content at any time and without advance notice, subject to our sole discretion. You agree to waive any legal or equitable right or remedy you may have against us regarding User Content. 

 

7. Availability of Services 

We aim to offer you the best service possible. However, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault-free. If a fault occurs in the Services, please report it to us at info@senterme.com and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time. ‍ 

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Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services or features. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Subscription Services cancellation deadlines apply; please notify us of changes to your Subscription Service by emailing info@senterme.com. ‍ 

We may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice.  

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8. Third Party Terms & Links 

At times, we may contract with a third party to support the Services or to directly provide parts of the Services to you. In such instances, your use of the third party’s products or services will be subject to their applicable terms of service and privacy policy, which will be presented to you upon engagement with their product or service. To the extent that there is a conflict between these Terms and the terms of use for any of our third-party contracted entities, with respect to your use of a third party’s products or services, the third party’s terms will apply. We reserve the right to change third-party providers in our sole discretion. 

 

We may provide links to other websites or services for you to access. Any access to such websites or services is at your sole discretion. We do not review or endorse any websites or services. We are not responsible in any way for other websites or services including but not limited to: (a) their availability; (b) their privacy practices; (c) the content, advertising, products, goods or other materials or resources on or available from them; or (d) the use to which others make of them. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 

You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services unless you have our written consent to do so. We reserve the right to withdraw linking permission with written notice. If you wish to make any use of material on or in the Services other than that set out above, please address your request to info@senterme.com. 

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9. Assumption of the Risk 

By granting you the right to use the Services, we do not assume any obligation or liability with respect to your health or your physical activity or condition.  To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or relating to the following, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage: (a) your access to or use of or inability to access or use the Services; (b) any issue, conduct, or content of any third party through the Services; or (c) unauthorized access, use or alteration of your transmissions or User Content. We will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions. 

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You acknowledge and agree that participation in any activities or use of any information provided by us carries certain inherent risks, including, but not limited to, physical or mental health issues. You voluntarily assume all risks associated with your use of the Services. 

 

9.1 Waiver 

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT: 

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• ANY WRITTEN MATERIAL PROVIDED BY US IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDERS; 

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• YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; 

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• YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION THAT YOU HAVE READ OR RECEIVED FROM THE SERVICES; 

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• WE ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SERVICES; AND 

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• WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION THAT YOU RECEIVE THROUGH THE SERVICES. 

 

9.2 Meditation Assumption of the Risk 

While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions, we make no guarantees that the Services provide a physical or therapeutic benefit. There have been rare reports where people with certain psychiatric conditions like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. 

 

10. Warranties & Disclaimers 

THE SERVICES, THE WEBSITE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES INCLUDING THE WEBSITE AND USER CONTENT WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES, THE WEBSITE, OR CONTENT AVAILABLE THROUGH THE SERVICES (INCLUDING USER CONTENT) WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES.  

YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

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APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY REGARDING THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES. 

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11.  Intellectual Property Infringement; DMCA Notice & Procedure for Copyright Infringement Claims 

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posed on the Services, by either users or us, infringes a copyright or other intellectual property infringement of any person or entity. 

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit a notice in writing via email (info@senterme.com) and include a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any part of the Services is infringing your copyright. 

You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 

• Identification of the URL or other specific location on the Services where the material that you claim is infringing is located; 

• Your address, telephone number, and email address; 

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. 

You can contact us via email (info@senterme.com). Upon receipt of a notification, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged content from the Services. 

 

12. Dispute Resolution  

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 

 

12.1 Jury Trial Waiver 

Except where prohibited by law, you waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you elect to have claims and disputes resolved by arbitration. In any litigation between you and us over whether to vacate or enforce an arbitration award, you waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. ‍‍ 

 

12.2 Class Action Waiver 

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below. ‍ 

 

12.3 Informal Dispute Resolution 

We want to address your concerns without needing a formal legal case. Before filing a claim against SenterME, you agree to try to resolve the dispute informally by contacting us via email to info@senterme.com and providing us with your email address. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 60 days after submission, you or we may bring a formal proceeding subject to these Terms. 

 

12.4 Exclusive Venue 

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and we agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Raleigh, NC.  

 

12.5 Enforceability 

If any portion of this Section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms and severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section. 

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13. Limitation of Liability 

To the fullest extent permitted by law, we will not be liable to you for more than the greater of (a) the total amount paid to us by you during the twelve-month period prior to the act, omission, or occurrence giving rise to such liability; (b) $100; or (c) the statutory damages prescribed by a statute under which such claim arises. Multiple claims will not expand this limitation. 

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights. 

To the fullest extent permitted by law, no claim, demand for mediation or cause of action which arose out of an event or events that occurred more than two (2) years prior to the filing of a demand for mediation or suit alleging a claim or cause of action may be asserted by you against us. 

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14. General 

14.1 Assignment by Us 

We may transfer our rights and obligations under these Terms to any company, firm or person at any time. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here. 

 

14.2 Indemnity 

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SenterME, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and  expense, including, but not limited to, reasonable attorneys' fees and costs, arising out of or connected with: (i) your unauthorized use or misuse of the Services; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (iv) any dispute or issue between you and any other party, including any other SenterME users; and (v) your violation of Applicable Law. You understand that the provisions in this Section will survive any termination of your account, as well as any changes in our policies or Services. 

 

14.3 Basis of the Bargain  

Each provision of these Terms that provides for an assumption of risk, limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between you and us. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose. 

 

14.4 No Waiver 

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. ‍ 

 

14.5 Force Majeure 

We will not be liable to you for any lack of performance, or the unavailability or failure of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability, or failure arises from any cause beyond our reasonable control. 

 

14.6 Entire Agreement 

These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between you and us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and us relating to the Services. We each acknowledge that neither you nor us rely on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. You and we both agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud. 

 

14.7 Choice of Law 

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.  

 

14.8 Severability 

If any provision of these Terms is found to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Law and the remaining provisions will continue in full force and effect.