Mission Statement

The Koa Club provides a social networking service, that helps women professionals, executives, entrepreneurs and achievers connect and interact with one another while learning leadership, professional or practical life skills. The Koa Club services and events are designed and hosted with these goals in mind and seek to promote the personal and professional growth, of its members and attendees.

For purposes of these Terms of Use, the term “The Koa Club” shall mean The Koa Club, LLC and its subsidiaries and affiliates and each of their respective owner(s), officers, board of directors, employees and agents.

The Koa Club Services and Events

By accessing or using any of Services (as defined below) or attending any Events (as defined below) organized by The Koa Club, you accept and agree to be bound by these Terms of Use. When using or accessing the Services or attending any Events, you are subject to any posted guidelines or rules applicable to those services or events. Any use or access of the Services or any participation in Events constitutes your acceptance of these Terms of Use.

Definitions

“Events” means any events or activities organized by The Koa Club which are available for its Members (and in some limited cases, non-Members) to attend. Some Events may be expressly designated by The Koa Club to be available for participation by Member Attendees and Non-Member Attendees.

“Member” includes any individual that has been approved and accepted by The Koa Club as a member, has paid the requisite membership fees, and abides by the terms set out in these Terms of Use and The Membership Rules.

“Member Attendees” includes all Members who are in attendance or otherwise present at any Events.

“Membership Fee” is the required fee that Member pays in order to achieve and maintain the status as a Member of The Koa Club Member and in order to gain access to Member benefits.

“Non-Member Attendees” include any members of the general public, guests, venue employees, vendor employees, or other individuals who are in attendance or otherwise present at any Events and are not Members.

“Services” include any products or services provided by The Koa Club.

Membership

• Member status is granted at The Koa Club’s discretion and may be contingent on the payment of the Membership Fees (as and when required by The Koa Club). The Koa Club reserves the right to deny any requests for membership in The Koa Club for any reason.
• The Koa Club is a community of Members, and in order to become a Member of The Koa Club, you must apply through this Web Site (as defined below).
• Members are granted certain benefits unavailable to non-Members. Member benefits are granted upon The Koa Club’s acceptance and approval of an individual as a Member of The Koa Club. Specific benefits, such as discounts or specials, may vary by the Services and/or Events.
• Unless express written permission is granted by The Koa Club, you must meet the minimum age of 21 to be a Member, and to use and access the Services or to attend any Events.
• If membership dues are required, You agree to provide your payment information at the time you purchase or renew your membership on the Web Site. Our payment page is powered by third party payment service provider, Stripe. The information provided to Stripe is governed by Stripe’s Terms of Services and Privacy Policies. The Koa Club is not responsible for the performance of Stripe. In the course of your use of the Services, the third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.
• Purchase of or obtaining a membership to The Koa Club must be for your personal use only. Transfer of The Koa Club membership to other persons is prohibited.
• The Koa Club reserves the right to terminate any individual status as Member at any time if such Member, through her actions, representations, behavior, or communications, is deemed to be injurious to The Koa Club’s events, services, image, or objectives. Termination of membership in The Koa Club terminates any and all responsibility of The Koa Club to fulfill any and all obligations to the Member.
• The Koa Club reserves the right, at its sole discretion, charge Membership Fees at anytime and to deny any and all requests for full or partial refunds of Membership Fees for any reason.

The Koa Club Events

• To register for an Event, you must complete the Event registration process and pay all required registration fees (if any posted on the Events/Calendar page) prior to any deadlines described on the registration page for the Event. The Koa Club reserves the right to change the required fees (if any) posted for any Events at its sole discretion.  Event registrations are subject to availability and may close earlier than posted deadlines. If registrations for an Event has reached the capacity for such Event as stated on the Events/Calendar page, you may be added to the waitlist (if a waitlist is made available by The Koa Club) for the Event, provided however, that The Koa Club does not guarantee that a spot may become available for you to attend the Event.
• If the registration page for the Event states that registration fees or other fees are required for the Event, payment must be made at the time you register for the Event. The Koa Club reserves the right to cancel your registration without notice for failure to pay in accordance with these Terms of Use. The Koa Club is not responsible for any damages, direct or indirect, resulting from such cancellation.
• Once registered and payment made for an Event, there is no cancellation permitted and no refunds provided by The Koa Club for any such cancellation (unless the Event has been cancelled by The Koa Club).
• The Events are subject to change. The Koa Club may cancel any scheduled Event at any time and may deny, limit or cancel a registration for the Event (including a confirmed registration) at any time. The Koa Club is not responsible for any damages, direct or indirect, resulting from such cancellation. If The Koa Club cancels an Event or your registration, so long as you are in compliance with these Terms of Use and any refund policy listed on the registration page for the Event, The Koa Club will issue you a full refund of any Event registration fee that you have paid in accordance with that refund policy. In the event of any cancellation by you or The Koa Club, all sections of these Terms of Use will continue in full force and effect.
• You agree to behave in such a way as to create a safe, fun, supportive learning environment while at each Event you attend. You agree not to engage in disruptive speech or behavior or otherwise interfere with the Event or other individuals’ participation in the Event. You will comply with all rules applicable at the Event site, and you agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. The Koa Club may require Attendees engaging or threatening to engage in such behavior to leave the Event immediately and such Attendees will not be eligible to receive a refund of any fees paid to The Koa Club related to the Event. If you witness such behavior, please promptly contact a staff member of The Koa Club, so direct action can be taken.
• You also understand that you will be fully responsible for your own actions, safety and welfare. You further understand that you will be a member of a group and that you will conduct yourself in a way that does not endanger yourself or anyone else in any Event. You agree to exercise ordinary and reasonable care at all times. You understand and acknowledge The Koa Club may, at its sole discretion, provide alcohol, including, but not limited to, various wines, beers and champagnes, at some of the Events. You understand the potential risks associated with the consumption of alcohol and expressly warrant and acknowledge that you do not have or are aware of any medical condition(s) that would prevent you from consuming alcohol and would result in any injury or damage to you as a result of you consumption of alcohol. You acknowledge and agree that The Koa Club shall not be responsible or liable for any accident, injury, theft, loss or damage caused by your impaired judgment or negligence.
• Some of the Events organized by The Koa Club may be open to the public and may be attended by Non-Member Attendees. Non-Member Attendees may be required to pay the applicable registration fees required for the Event (same as what is required to be paid by a Member Attendee) plus an additional fee as posted on the Events/Calendar page to attend as a Non-Member Attendee for that Event. For Events that are open to the public, The Koa Club reserves the right to grant priority status to its Members to register for an Event which may have a capacity limit for the Event. The Koa Club does not guarantee that any Member or non-Member will successfully register for any Event or that all Members or non-Member will be able to attend any Event. The Koa Club reserves the right to deny any person the right to access or use any of The Koa Club Services or to attend any Events for any reason.
• The Koa Club does not undertake, and does not have any responsibility, for the accuracy of any information provided for any Event, or any related activity.
• To the extent not prohibited by law, any Members and Non-Member Attendees attending as a speaker and/or participant at any Event, is deemed to have consented to The Koa Club recording their participation in such Event (including, without limitation, being videotaped, audiotaped, photographed, recorded, edited or The Koa Club may otherwise reproduce the voice, image or likeness of any such Members and Non-Member Attendees, for the purpose of being broadcast, published and distributed free-of-charge in various media for educational or other non-commercial purposes, including, but not limited to classroom, Internet (including webcasts and podcasts and streaming video), or through any other communications media currently existing or later created. For clarity, this means that The Koa Club may, without limitation, exercise all ownership rights including copyrights relating to such recordings.

Privacy

• Given the public nature of the vents, The Koa Club cannot and does not guarantee the privacy of members at the Events. Under state law, Members and Non-Member Attendees shall have no expectation of privacy regarding their image in public spaces. The Koa Club reserves the right to document Events and publish images on social media. By attending any Event organized by The Koa Club, Members Attendees and Non-Member Attendees agree and acknowledge that The Koa Club may use their image or likeness for promotional or publicity purposes.
• The Koa Club does not explicitly or implicitly condone or endorse any messages, actions, or other communications contained within images from or relating to The Koa Club Services or any Events.

User account, password and security

• To apply for membership, to access or use The Koa Club Services and/or to attend any Events, you may be required to provide certain information and registering a username and password. You are responsible for maintaining the confidentiality of the username and password and for all activities which take place under your account. You agree to immediately notify The Koa Club of any unauthorized use of your password or account or any other breach of security.
• In no event will The Koa Club be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

Disclaimer and release of liability

• The Koa Club does not undertake, and does not have any responsibility, to determine or assure the suitability or health conditions or safety of any event, or any related activity, in general or as to a person. Each person who uses or accesses The Koa Club Services or attend any Events accepts full responsibility for making their own decisions and determinations for their own safety, health conditions, conduct and well-being, and for any accident or bodily injury, death or property damage or loss, which may occur or as a result of using or accessing The Koa Club Services or attending any Events, and releases The Koa Club from any liability therefore.
• Each person who participates in any Events recognizes that possible health and safety hazards exist when attending any outdoor and/or indoor activities and agrees to participate solely at their own risk. The Koa Club is not responsible for any accident or injury to any Member Attendee or any Non-Member Attendee while participating in any Events.
• FURTHER ANY ADVICE RECEIVED VIA ANY OF THE Koa Club Services or at any Events SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Your Use or Access to The Koa Club Website

The Koa Club Web Site (“Web Site”) is comprised of various Web pages operated by The Koa Club. The Web Site is offered to you conditioned on your acceptance without modification of these Terms of Use. Your use of the Web Site constitutes your agreement to all such Terms of Use.

Info on this web site

• Whilst every effort is made to update the information contained on this Web Site, neither The Koa Club nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any information, data and/or content contained on the Web Site (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Web Site.

Modification of the web site

• The Koa Club reserves the right at any time to change or discontinue without notice, any aspect or feature of this Web Site. No Information shall be construed as advice and Information is offered for information purposes only and is not intended for any specific purposes. You rely on the Information contained on this Web Site at your own risk. If you find an error or omission at this Web Site, please contact The Koa Club at: info@thekoaclub.com

Links to third party sites

• The Web Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Koa Club and The Koa Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Koa Club is not responsible for webcasting or any other form of transmission received from any Linked Site. The Koa Club is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Koa Club of the site or any association with its operators. Use or reliance on any Linked Sites and the content thereon provided is at your own risk. When visiting Linked Sites, you must refer to that Linked Sites’ terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Web Site without the express prior written permission of The Koa Club.

No unlawful or prohibited use

• As a condition of your use of the Web Site, you warrant to The Koa Club that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

Use of communication services

• The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
• You hereby agree to indemnify The Koa Club against any loss, liability, damage or expense of whatever nature which the Koa Club or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your improper or unauthorized use of the Communication Services.
• The Koa Club has no obligation to monitor the Communication Services. However, The Koa Club reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Koa Club reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
• The Koa Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Koa Club’s sole discretion.
• Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Koa Club does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Koa Club specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service.
• Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to The Koa Club or posted on the web site

• The Koa Club does not claim ownership of the materials you provide to The Koa Club (including feedback and suggestions) or post, upload, input or submit to the Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Koa Club, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of The Koa Club’s business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
• No compensation will be paid with respect to the use of your Submission, as provided herein. The Koa Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Koa Club’s sole discretion.
• By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Termination/access restriction

• The Koa Club reserves the right, in its sole discretion, to terminate your access to The Koa Club Web Site and the related Services or any portion thereof at any time, without notice.

Disclaimers

• ALL INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Koa Club AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
• The Koa Club AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION OR SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Koa Club AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Notices and procedure for making claims of copyright infringement

• Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent in accordance with the procedures set forth in sub-section (B) below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
• If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent (identified below) the written information specified below. Please note that this procedure is exclusively for notifying The Koa Club that your copyrighted material has been infringed.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail 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.
• The Koa Club’s Copyright Agent for notice of claims of copyright infringement on its Web Site is The Koa Club’s Legal Department and any such notice should be sent via email to:
  • The Koa Club, LLC
    Attn: Legal Department
    Email: legal@thekoaclub.com

Copyright & Trademarks

• All contents of The Koa Club Web Site are: Copyright 2019 by The Koa Club, LLC• Seattle, WA and/or its suppliers. All rights reserved. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Web Site are registered and unregistered trademarks of The Koa Club and its licensors. Nothing contained on this Web Site should be construed as granting any license or right to use any Trademark without the prior written permission of The Koa Club and its licensors.

General

With respect to your use of or access to Services or Web Site, your admittance or maintenance as a Member of The Koa Club, or your attendance at any of the Events organized by The Koa Club (collectively, “Offerings”), you agree to the following:

• To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to Offerings.
• Use of the of Offerings is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
• You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Koa Club as a result of these Terms or Offerings.
• The Koa Club’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of The Koa Club’s right to comply with governmental, court and law enforcement requests or requirements relating to Offerings or information provided to or gathered by The Koa Club with respect to the Offerings. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
• Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy and if you are an admitted Member of The Koa Club, the Membership Rules, constitute the entire agreement between you and The Koa Club with respect to the Offerings, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Koa Club with respect to Offerings.
• A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.
• Any claim, grievance, demand, cause of action or dispute of any kind whatsoever of or by any Member or Non-Member Attendee arising out of, in connection with or in relation to The Koa Club membership, policy, Web Site, Services or Events and other activities, shall be settled by arbitration administered on an individual, not a class-wide  basis, by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  Such arbitration shall take place in Seattle, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, this process shall not limit The Koa Club’s right to obtain any provisional remedy including, without limitation, injunctive or similar relief from any court of competent jurisdiction as may be necessary to protect the rights and interests of The Koa Club or its members.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Koa Club AND/OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THESE TERMS OF USE, (II) ANY OF THE INFORMATION OR OFFERINGS PROVIDED BY THE KOA CLUB OR ITS LICENSORS OR SUPPLIERS THROUGH THE WEB SITE, AT THE EVENTS OR OTHERWISE, (III) USE, ACCESS, PARTICIPATION OR PERFORMANCE OF THE OFFERINGS PROVIDED BY THE KOA CLUB OR ITS LICENSORS OR SUPPLIERS THROUGH THE WEB SITE, AT THE EVENTS OR OTHERWISE (INCLUDING WITHOUT LIMITATION, YOUR PARTICIPATION OR NON-PARTICIPATION AT ANY EVENTS); AND/OR (IV) ANY FAILURE OR DELAY IN PROVIDING ANY INFORMATION OR OFFERINGS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Koa Club OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OFFERINGS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OFFERINGS. THE MAXIMUM TOTAL LIABILITY OF THE KOA CLUB AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• We may, at our sole discretion, periodically make changes to these Terms of Use. By accessing, using or participating in the Offerings, you accept these Terms of Use and any modifications that we may make to these Terms of Use. It is your responsibility to review the most recent version of the Terms of Use frequently and remain informed of any changes to it. If you continue to access, use or participate in any Offerings after we modify these Terms of Use, you will be deemed to have consented to terms of the modified Terms of Use for your use or access of the Offerings as of the date of the modification. If you do not agree to any provision of these Terms of Use, you must not use, access or participate in any of the Offerings.