Terms of Use

Last updated: June 21, 2021

1. Introduction and Acceptance

Carrd Inc., a Delaware corporation ("Carrd", "we", "us" and "our"), offers you access to carrd.co, an online interactive website builder and hosting platform (the "Website") that allows you to create a website hosted at a subdomain URL using a Carrd domain extension as described in Section 3(B), or a custom domain provided by you (each a "Site"). This Carrd Terms of Use document ("Terms of Use") govern your use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

If you are agreeing to these Terms of Use on behalf of someone else (your employer for example), then you are warranting to us that you have full legal authority to bind that third party.

2. How the Website Works

  • (A) When using the Website, you agree to follow our guidelines and instructions. Keep in mind that these Terms of Use apply to any use of the Website and any of our products and services (collectively, "Products") whether or not you publish your Site.
  • (B) In order to publish your Site, you will have to become a registered user. You need to be 18 years or older to register. If you are under the age of 18, then you are not permitted to publish a Site, register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
  • (C) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"). You are responsible for any use of the Website or a Site using your Account and for safeguarding and maintaining the confidentiality of your Account. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Account.
  • (D) Becoming a registered user will provide you with a Basic plan, which is 100% free and provides unlimited access to use most of the Website Services.
  • (E) Upon becoming a registered user, you will be prompted to fund your account or purchase credits through PayPal or a credit/debit card that can be used to purchase certain Services or Service features from us. All amounts you pay to purchase credits will become the exclusive property of Carrd. Your credits will be made available to you as an "account balance" that can be used to purchase, renew or upgrade to a Pro Lite plan, a Pro Standard plan, a Pro Plus plan, or some variant thereof ("Pro plan"), which provides some additional features that are not available with our Basic plan. Optionally, the Pro plan may also be automatically renewed on an annual basis and remain in effect until cancelled by you. Credits have no cash value and cannot be redeemed for cash, transferred to a third party, or to make purchases from any other party. By authorizing a purchase through PayPal or a credit/debit card, you represent and warrant that you are at least 18 years of age (or the age of majority in your state) and are authorized to use the payment method you present for the requested transaction.
  • (F) If you have insufficient funds in your account balance to perform an upgrade or manual renewal, you will be prompted to pay for the difference using either PayPal or a credit/debit card to add to your account balance. Optionally, you may add a saved payment method (e.g. a credit card) to replenish your account balance or to automatically cover charges in excess of your account balance. If you have insufficient funds in your account balance to perform an automatic renewal and you do not have a saved payment method, your account will, after a short grace period, be automatically downgraded to the free Basic plan and your sites will lose access to any Pro features they may be using. Saved payment methods are stored remotely by our third-party payment providers, and balances are stored in US dollars.
  • (G) You may optionally apply referral codes to upgrades and manual renewals. In the case of upgrades, a referral code's discount will be applied after any other credits you receive (e.g. a prorated credit for time remaining on an existing Pro plan).
  • (H) You may, during the course of your Pro plan, upgrade or downgrade to a different Pro plan. If upgrading to a higher cost Pro plan, you may be prompted to pay for the difference (after any applicable credits) in the manner described in Section 2(F). If downgrading to a lower cost Pro plan, a prorated credit for the time remaining on your existing Pro plan will be added to your account balance. Upon request, we may then, in our sole discretion, grant a full or partial refund of this credit to the original funding payment.
  • (I) Excluding earnings from Carrd itself (e.g. our referral program, as described in Section 7) and refunds which shall be granted in our sole discretion, balances cannot be withdrawn; once funds have been deposited in your account, they can only be used to purchase Products. Except for any sales tax that we may be required to collect on any purchase by you, you are responsible for paying all fees and taxes associated with your use of the Website, if any.
  • (J) Account balances are the exclusive property of Carrd and do not earn interest. We do not generally offer return of funds or credits on purchases unless required by law, but we reserve the right to do so in our sole and absolute discretion.
  • (K) In using our Service you may purchase (alternatively, you may earn virtual cash or credits through use of our Services), using either PayPal or a credit/debit card or your account balance, a limited, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or credits, for your use with our Services; (b) virtual in-application items, content or features; and (c) other goods or services (collectively "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. You must be 18 years of age (or the age of majority in your state), or obtain permission from your parent or legal guardian to purchase Virtual Items.
  • (L) Carrd may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice, however, your Virtual Items may not expire from 5 years from the date of purchase. Carrd shall have no liability to you or any third party in the event that Carrd exercises any such rights.
  • (M) The use or transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Carrd, another user or any third party.
  • (N) ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
  • (O) The provision of Virtual Items is strictly for your personal, non-commercial use in Carrd games. This is a service provided by Carrd that commences immediately upon acceptance by Carrd of your purchase.
  • (P) You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Carrd may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT CARRD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
  • (Q) Virtual Items do not represent any stored value, have no monetary value, and do not constitute legal currency of any type.
  • (R) We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

3. Intellectual Property

  • (A) The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the Website and all intellectual property rights to the same, including without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Website (collectively, the "Website Content") are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you will not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
  • (B) Carrd provides you with the ability to create a Site hosted at a subdomain URL using a Carrd domain extension, including the "carrd.co", "crd.co", "drr.ac", "ju.mp", and "uwu.ai" domains (the "Domain Extensions").  The Service provides you with the ability to use the Domain Extensions to host your Site.  Other than the trademark "CARRD", Carrd does not own and does not represent ownership of any intellectual property rights in the Domain Extensions, including but not limited to any trademark rights.  Carrd does not grant you, nor does the creation of your Site using the Domain Extensions grant you, any license or right to use the Domain Extensions as a trademark, either alone or in connection with other terms, phrases, or logos, including as the name of your Site.  Carrd makes no warranty that your use of a Domain Extension will not infringe the intellectual property rights of a third-party.

4. Website Access and Use

  • (A) The Website is currently free to use under a Basic plan. However, the Pro plan requires a purchase by you. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Website, Website Content, and services.
  • (B) You acknowledge that we reserve the right to discontinue the Website services, in whole or in part, at any time. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by using Website Content.
  • (C) Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state or federal law, impersonate others, use a false email address, or misrepresent your affiliation with others; (ix) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; (x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website; or (xi) solicit other users to join or become members of any commercial online service or other organization without our prior written approval.
  • (D) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

5. User Content

  • (A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
  • (B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
  • (C) You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) includes sensitive personal information such as social security numbers; (v) contains a formula, instruction, or advice that could cause harm or injury; or (vi) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
  • (D) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Website and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content. You retain all rights in and to the User Content not specifically granted above, including ownership in and to the User Content.
  • (E) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a "Persona"), including, without limitation, your name and geographical location (e.g., "Joey P. – Wyoming, OH"), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable. You retain all rights in and to your Persona not specifically granted above, including ownership in and to your Persona.
  • (F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
  • (G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 5(C) above, to suspend or delete a Site.

6. Website Content & Third Party Links

We provide the Website and Website Content for entertainment and/or promotional purposes only. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

7. Referral Program

  • (A) You can choose to opt-in to Carrd's referral program, which will provide you with a personalized referral link you can use to refer other potential users to Carrd. Referred users who use your referral link to visit the Carrd website, or enter your referral code at checkout, will earn you a portion of the amount paid (after applicable discounts) towards their next upgrade or renewal as determined by your referral rate. You may only earn from the next upgrade or renewal made after the time of the referral. Subsequent upgrades, renewals, or other purchases of Products will not earn you anything from those purchases.
  • (B) Earnings from Carrd's referral program are automatically deposited to your account balance, which can then be spent on Products or paid out as described below. Deposits from earnings are marked as "available to payout" to differentiate them from normal user-initiated deposits which cannot be withdrawn. You may request a payout at any time provided your "available to payout" balance is at least 25.00 USD; however, payouts in excess of $600 per year will require the completion of appropriate IRS forms if you are a resident of the United States.
  • (C) Payouts are paid out via PayPal within 3-5 business days of your payout request. You will be required to provide a valid PayPal email in order to receive payouts.
  • (D) For the purposes of sharing and promoting your referral link, you agree to not engage in activity, tactics, or practices that are illegal or considered questionable, such as spamming or deceptive linking.

8. Privacy Policy

Please refer to https://carrd.co/privacy for the full text of our Privacy Policy.

9. Indemnification

You agree to indemnify and hold harmless Carrd and its officers, directors, employees, members, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through creation or publication of a Site and any other use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

10. Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, CARRD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

11. Limitation on Liability

  • (A) UNDER NO CIRCUMSTANCES SHALL CARRD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CARRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.
  • (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CARRD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY CARRD DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  • (C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

12. Termination

  • (A) Publication of a Site not an automatic right; it is a benefit for users who follow our reasonable rules. We hope that you will be with us for a long time, but we do reserve the right in our sole discretion (acting reasonably of course) and at any time to terminate or suspend your Site and/or block your access to the Website for any reason including, without limitation if you have failed to comply with these Terms of Use. You agree that Carrd shall not be liable to you or any third party for any termination or suspension of your Account, for blocking your access to the Website, or revoking any benefits, privileges, earned Virtual Items and/or purchases associated with your Account.
  • (B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, choice of law, no class action, no trial by jury and all of the miscellaneous provisions in Section 18.

14. Choice of Law; Jurisdiction and Venue

These Terms of Use shall be construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. Any legal proceedings against Carrd that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Nashville, TN and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

15. No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. Amendment; Additional Terms

  • (A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
  • (B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website or any Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.

18. Miscellaneous

  • (A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
  • (B) If any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
  • (C) These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
  • (D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.