Terms Of Use

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The following terms of use (the “Terms of Use”) are a legally binding contract made between you (“you” or “your") and Chic Bridal Boutique Ltd. (“Chic Bridal,” “us,” or “our”). They describe how our services may be accessed and used, the ownership of content made available through our services, the application of our privacy policy (the “Privacy Policy,” available at www.https://chic-bridal-boutique.shoplightspeed.com/service/privacy-policy), and how any disputes between you and Chic Bridal may be resolved.

By accessing or using our services, you acknowledge that you have read and understood the Terms of Use and that you accept and agree to be bound by the Terms of Use. Please note that any access or use of our services is at the sole risk of the user.

INTERPRETATION

DEFINITIONS: In these Terms of Use, the following definitions apply:

“Confidential Information” has the meaning ascribed to it in subsection 2.5.

“Copyright-Protected Works” has the meaning ascribed to it in subsection 2.2.

“Inventions” has the meaning ascribed to it in subsection 2.2.

“Chic Bridal,” “us,” and “our” means Chic Bridal Boutique Ltd. and any of its affiliates, and their respective directors, officers, employees, agents, contractors, successors, permitted assigns, and permitted sublicensees.

“Chic Bridal Property” has the meaning ascribed to it in subsection 2.2.

“Personal Information” means information provided by you when opening an account with Chic Bridal, which may include your name, username, password, email address, phone number, mailing address, personal financial information, or any other demographic or identifying information provided by you or obtained by Chic Bridal, including your IP address. Personal Information is described further in the Privacy Policy.

“Privacy Policy” means the document available at www.https://chic-bridal-boutique.shoplightspeed.com/service/privacy-policy, as amended or supplemented by Chic Bridal from time to time.

“Services” has the meaning ascribed to it in subsection 2.1.

“Submission” means any information, text, graphics, images, or other content made public or submitted directly to any person using the Services.

“Terms of Use” means this document, as amended or supplemented by Chic Bridal from time to time.

“Territory” means the whole world excluding any territory sanctioned under the United Nations Act, Special Economic Measures Act, Justice for Victims of Corrupt Foreign Official Act, or such other statute, legislation, or regulation as may be enacted by the Federal Government of Canada or the Provincial Government of Alberta, or any other territory identified by Chic Bridal in writing.

“Third Party Materials” means any websites, social media pages, applications, online marketplaces, software, servers, computer systems, networks, accounts, advertising, opinions, statements, products, services, or other materials that are provided or operated by third parties that are comprised by, linked to, or otherwise referenced in the Services.

“Trademarks” has the meaning ascribed to it in subsection 2.2.

“You” and “your” means you and any of your affiliates, and their respective heirs, directors, officers, employees, agents, contractors, successors, permitted assigns, and permitted sublicensees, as applicable.

HEADINGS: The bolded section and subsection headings used in these Terms of Use have been inserted for reference and a matter of convenience only, and do not define, limit, or enlarge the scope or meaning of these Terms of Use.

CHIC BRIDAL SERVICES AND PROPERTY

CHIC BRIDAL SERVICES: Chic Bridal is a retail company that operates an online platform for selling bridal, bridesmaid, and graduation gowns, as well as providing users with other goods and services. The online platform operated by Chic Bridal is currently referred to as “Chic Bridal Boutique,” “chic-bridal-boutique,” and “chicbridal,” however, the platform also includes all websites, social media pages, applications, online marketplaces and stores, software, servers, computer systems, networks, accounts, advertising, and related services that may be provided or operated by Chic Bridal, whether provided in association with chicbridal.ca or otherwise (collectively the “Services”). The Services may also include messaging, posting, commenting, forum, and other submission systems, through which you may make public or direct submissions of information, text, graphics, images, or other content (each a “Submission”), subject to these Terms of Use.

CHIC BRIDAL PROPERTY: Except for Submissions, which are addressed separately in section 6, the following property is owned by Chic Bridal or licensed by Chic Bridal from the owner (collectively the “Chic Bridal Property”):

all source code, software, text, databases, tables, graphics, images, music, sound recordings, videos, compilations, and other copyright-protected works that comprise the Services (collectively the “Copyright-Protected Works”);

all derivative works based on the Copyright-Protected Works, whether created jointly or solely by any person, at any time, without the requirement of additional consideration from Chic Bridal, unless otherwise agreed by Chic Bridal in writing;

all registered and unregistered trademarks used in association with the Services (collectively the “Trademarks”), including “Chic Bridal”;

all inventions that comprise the Services (collectively the “Inventions”);

all improvements based on the Inventions, whether created jointly or solely by any person, at any time, without the requirement of additional consideration from Chic Bridal, unless otherwise agreed by Chic Bridal in writing; and

all trade secrets, confidential business information, and other intellectual property that comprise the Services.

PROTECTION OF CHIC BRIDAL PROPERTY: You agree that Chic Bridal Property is protected by international treaties, statutes, legislation, regulations, and common law, regardless of whether Chic Bridal Property is registered or patented in any country. You also agree that Chic Bridal Property has commercial value as a result of its confidential or intellectual nature and that Chic Bridal will suffer irreparable harm in the event of any disclosure or infringement of Chic Bridal Property by any person.

NO WAVIER OR TRANSFER BY CHIC BRIDAL: The disclosure of any Chic Bridal Property by Chic Bridal, whether through the Services or otherwise, does not constitute a waiver or transfer of any right in and to the Chic Bridal Property.

CONFIDENTIAL INFORMATION: All Chic Bridal Property disclosed to you is deemed to be “Confidential Information” unless the Chic Bridal Property is lawfully in the public domain; known to you prior to the receipt of the Chic Bridal Property from Chic Bridal, provided that such prior knowledge can be substantiated; known to you from a source that legally derives such information independently of Chic Bridal; developed by you without reference to any Chic Bridal Property disclosed under these Terms of Use; or disclosed pursuant to law, regulation, or lawful order or process, provided that the owner of such information has prior knowledge of the disclosure and is permitted a reasonable opportunity to oppose or limit such disclosure.

DUTY OF CONFIDENTIALITY: You agree to hold the Confidential Information in strict confidence with at least a reasonable degree of care.

REPORTING DISCLOSURE: You must promptly report to Chic Bridal any actual or suspected breach of the provisions of these Terms of Use or any disclosure or loss of the Confidential Information and will take all reasonable action requested by Chic Bridal to prevent, control, or remedy any such breach, disclosure, or loss. In the event of any such breach, you agree Chic Bridal is entitled to at least preliminary and permanent injunctive relief in addition to costs on a solicitor-client basis.

TERMINATION: Upon termination of your license and account with Chic Bridal, and upon reasonable written notice from Chic Bridal, you must promptly return all Confidential Information in your possession and provide Chic Bridal with written certification of the same. In such event, you must not retain any copies of Confidential Information after termination, including those stored on backup computer systems or in the cloud. Notwithstanding termination of this Agreement or anything else contained herein, your obligations of confidentiality and non-disclosure under this Agreement will survive termination for the maximum period of time allowed by law and, in any case, a period of not less than seven (7) years.

USER LICENSE

GRANT OF USER LICENSE: Subject to any limitations contained in these Terms of Use, Chic Bridal grants you a personal, non-assignable, non-sublicensable, non-exclusive, terminable, limited license to access and use the Services within the Territory for the following purposes only:

to view goods and services that we advertise;

to purchase advertised goods and services; and

to make Submissions.

LIMITATION OF LICENSE: Except as expressly provided in these Terms of Use, Chic Bridal reserves all rights in or to the Services and Chic Bridal Property. Without limiting the generality of the foregoing, you may not copy, modify, disclose, publish, transmit, create a derivative work from, reverse engineer, reverse assemble, or attempt to discover any source code for, access without authorization, display in association with any goods or services, pass off, infringe, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or to the Services or Chic Bridal Property, nor allow or induce any other person to do the same, without the prior written consent of Chic Bridal.

SYSTEM REQUIREMENTS: In order to access and use the Services, you must have a compatible device, internet access, and the necessary minimum specifications (“System Requirements”). Certain aspects of the Services may have more stringent System Requirements. The System Requirements may be changed by Chic Bridal at any time, at Chic Bridal’s sole discretion, without notice to you, and without liability. Chic Bridal will not be liable for any damages, losses, or costs incurred by any person as a result of any defects or non-compatibilities between our Services and your device. Chic Bridal does not make any representations, warranties, or guarantees that our Services will work to any particular degree of functionality or efficiency with any particular device. Although the Services are currently free-to-use, Chic Bridal may impose fees for any aspect of the Services at any time without prior notice to you.

COMMUNICATIONS FROM CHIC BRIDAL: By accessing or using the Services, you agree that Chic Bridal may communicated with you via email, text messages, e-messages, push notifications, phone, or otherwise through the Personal Information associated with your account. Such communications may include correspondence, information bulletins, and notices related to the Services, these Terms of Use, or the Privacy Policy.

AMENDMENT OF TERMS OF USE AND PRIVACY POLICY BY CHIC BRIDAL: Chic Bridal may amend these Terms of Use and Privacy Policy at any time without prior notice to you. By continuing to access or use the Services after such modifications are made known to the public, you expressly agree to be bound by the amended Terms of Use and Privacy Policy.

MODIFICATION OR TERMINATION OF LICENSE BY CHIC BRIDAL: Chic Bridal has the right at any time, for any reason, without notice to you and without liability, to: (i) terminate your license and account; (ii) terminate, modify, suspend, refuse, restrict, or discontinue access to or use of the Services, or any part of the Services, by you or any other person; (iii) amend or change the Services, or any part of the Services, and any corresponding policies or terms; and (iv) interrupt the operation of the Services, or any part of the Services, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

DISCLOSURE OF INFORMATION BY CHIC BRIDAL: Chic Bridal may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Except as may be expressly limited by the Privacy Policy, Chic Bridal reserves the right to disclose any information as Chic Bridal deems necessary to satisfy any applicable law, regulation, legal process, or lawful government request, or to edit, refuse to post, or to remove any Submissions or anything else, in whole or in part, at Chic Bridal’s sole discretion, without notice to you, and without liability.

YOUR RIGHTS AND RESPONSIBILITIES

BOUND BY TERMS OF USE: By accessing or using the Services, or by creating an account with Chic Bridal, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by these Terms of Use. Failure to comply with these Terms of Use may, without limitation, result in the immediate termination of your license, account, or your access to and use of the Services.

AGE OF MAJORITY: You must be at least eighteen (18) years old to create an account and/or access or use the Services.

TERMINATION OF LICENSE BY USER: You have the right to terminate your license and account with Chic Bridal at any time by sending a written request to [email protected]. If you terminate your license and account, you may not access or use the Services.

ACCOUNTS: You may be required to open an account and create a username and password to access or use the Services in whole or in part. If you choose to open an account with Chic Bridal, you may be required to provide Chic Bridal with Personal Information. Any Personal Information that you provide to Chic Bridal must be accurate and truthful. Chic Bridal will not be held liable for any damages, losses, or costs that you or any other person incur as a result of providing Personal Information that is not accurate or truthful.

ACCOUNT INACTIVITY: If your account is inactive (not logged in or otherwise accessed) for a period of thirty (30) days, Chic Bridal may terminate your license and account or delete any data linked to your account (i.e. Personal Information, Submissions, etc.).

ACCOUNT SECURITY: You are responsible for maintaining the security of your account and the confidentiality of your username and password. You are also responsible for all activity that occurs under your account, regardless of whether that activity is caused or authorized by you. You must notify Chic Bridal immediately upon learning of any unauthorized use of your account, username, or password, or any other breach of security. Notwithstanding such notice, you may still be held liable for damages, losses, or costs incurred by Chic Bridal or any other person due to unauthorized use of your account, username, or password by any person. Chic Bridal will not be held liable for any damages, losses, or costs that you or any other person incur as a result of any unauthorized use of your account, username, or password.

NO UNAUTHORIZED USE: You may not use the account, username, or password of any other person without their consent. Chic Bridal will not be held liable for any damages, losses, or costs that you or any other person incur as a result of using the account, username, or password of another person.

NO UNATHORIZED ACCESS OF PERSONAL INFORMATION: If you access any information that you are not authorized to access, including, without limitation, Personal Information of another person, whether by mistake or otherwise, you must notify Chic Bridal immediately and destroy all copies of the accessed information in your possession. Chic Bridal will not be held liable for any damages, losses, or costs that you or any other person incur as a result of accessing any such information.

NO UNLAWFUL USE: You must comply with all laws and regulations that apply to your access and use of the Services. You agree that you will not access or use the Services in violation of any such laws or regulations, these Terms of Use, the Privacy Policy, or any other policy adopted by Chic Bridal and made public at any time. You further agree that you will not access or use the Services: (i) for any purpose that could interfere with the access or use of the Services by any other person; (ii) for any purpose that could damage, disable, overburden, or impair the accounts, servers, computer systems, or networks of any person; (iii) to gain unauthorized access to the accounts, servers, computer systems, or networks of any person through hacking, password mining, or any other means; (iv) to gain access to any accounts, servers, computer systems, networks, information, data, or other materials not intended by Chic Bridal to be made accessible to you; or (v) for any other unlawful, tortious, wrongful, malicious, fraudulent, negligent, nuisance, or unauthorized purpose. Without limiting the generality of the foregoing, you agree that you will not:

make any Submissions or otherwise transmit any materials that are defamatory, hateful, discriminatory, abusive, threatening, harassing, harmful, violent, dangerous, immoral, vulgar, obscene, sexually explicit, or otherwise objectionable by Chic Bridal;

make any Submissions or otherwise transmit any materials that contain viruses or other computer code that may infect, access, obtain information from, or interfere with the accounts, servers, computer systems, or networks of any person;

make any Submissions or otherwise transmit any materials that comprise unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” or any other form of solicitation, commercial or otherwise;

make any Submissions or otherwise transmit any materials that you do not have a right to create, upload, make, transmit, disclose, publish, or display, or that infringes the intellectual property rights of any person;

remove, modify, or obscure any author attributions, legal notices, or proprietary designations that exist in respect of any Submissions or other materials that you make or transmit;

remove, modify, or obscure any Submissions or other materials that are made or transmitted by any other person;

create a false identity for the purpose of misleading others or impersonating any person, or falsely state or otherwise misrepresent your affiliation with any person;

create or upload any Submissions or otherwise transmit any materials in a manner that adversely affects the availability of the Services to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text within any submission systems);

associate the Services, any part of the Services, or any reference to the Services (i.e. screenshots, reviews, descriptions, comparisons) with any person, mark, website, or anything else without the express written consent of Chic Bridal;

create, upload, make, transmit, disclose, or publish the Services, any part of the Services, or any reference to the Services (i.e. screenshots, reviews, descriptions, comparisons) in a manner that is disparaging or may cause harm to the reputation of the Services or Chic Bridal;

probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related servers, computer systems, or networks;

make an account, attempt to make an account, terminate an account, attempt to terminate an account, subscribe, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any person from any products or services, including the Services, if you are not expressly authorized by that person to do so;

harvest or otherwise collect information about any other person, including Personal Information; or

use any robot, spider, scraper, or other automated or manual means to access or use the Services, or copy any information from the Services.

PRIVACY POLICY

PRIVACY POLICY: The terms of the Chic Bridal Privacy Policy (available at www.https://chic-bridal-boutique.shoplightspeed.com/service/privacy-policy) apply to your access and use of the Services and are expressly incorporated into these Terms of Use. Chic Bridal encourages you to read and become familiar with the Privacy Policy.

SUBMISSIONS

OWNERSHIP OF SUBMISSIONS: By submitting any Submissions, you agree that Chic Bridal will become the exclusive owner of such Submissions in exchange for providing you with access to and use of the Services. Without limitation, Chic Bridal may remove, delete, modify, or use such Submissions for any purpose, at Chic Bridal’s sole discretion, without notice to you, without liability, and without the requirement of additional consideration from Chic Bridal. You represent and warrant that any Submissions are original works authored solely by you and, furthermore, comply with all provisions of subsection 4.9 in these Terms of Use.

WARRANTIES AND INDEMNIFICATION

NO WARRANTY: CHIC BRIDAL MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, CHIC BRIDAL PROPERTY, SUBMISSIONS, OR ANY OTHER SUBJECT MATTER CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, QUALITY, AVAILABILITY, OPERABILITY, ENDORSEMENT, USE OR APPLICATION, CONDITION, ACCURACY, COMPLETENESS, OWNERSHIP, OR VALUE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY CHIC BRIDAL. YOU FURTHER AGREE THAT ANY GOODS, SERVICES, INFORMATION, OR ANYTHING ELSE MADE AVAILABLE, LICENSED, ASSIGNED, SOLD, TRADED, TRANSFERRED, OR DISCLOSED BY CHIC BRIDAL IS PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’ AND YOU WAIVE ANY RIGHT, CLAIM, OR CAUSE OF ACTION THAT MIGHT OTHERWISE ARISE OUT OF THE ACCESS OR USE OF THE SAME BY ANY PERSON.

INDEMNIFICATION BY VENDOR: YOU AGREE TO HOLD CHIC BRIDAL HARMLESS FROM ANY AND ALL DAMAGES, LOSSES, AND COSTS INCURRED BY CHIC BRIDAL, INCLUDING COSTS ON A SOLICITOR-CLIENT BASIS, RESULTING FROM THE ACCESS OR USE BY YOU, OR ANY OTHER PERSON WHO GAINS ACCESS OR USE THROUGH YOU, OF ANY GOODS, SERVICES, INFORMATION, OR ANYTHING ELSE MADE AVAILABLE, LICENSED, ASSIGNED, SOLD, TRADED, TRANSFERRED, OR DISCLOSED BY CHIC BRIDAL. FURTHER, YOU AGREE TO DEFEND AND INDEMNIFY CHIC BRIDAL FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, OR COSTS INCURRED BY CHIC BRIDAL, INCLUDING COSTS ON A SOLICITOR-CLIENT BASIS, ARISING FROM YOUR RECKLESSNESS, NEGLIGENCE, NUISANCE, WILLFUL MISCONDUCT, VIOLATION OF LAW, OR BREACH OF ANY OF THE TERMS HEREIN. CHIC BRIDAL RESERVES, AND YOU GRANT TO US, THE RIGHT TO ASSUME EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER.

LIMITED REMEDIES: IN NO EVENT WILL CHIC BRIDAL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, REMOTE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, GOODWILL, OR DATA, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER CHIC BRIDAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FORCE MAJEURE: Chic Bridal will not be liable for any damages, losses, or costs incurred by any person that arise from causes that are beyond our control, including without limitation, any acts or omissions of another person, weather events, adverse production conditions, embargo, quarantine measures, or other government act, compliance with government requests or laws, shortage of materials, delay in transportation, shutdowns of production facilities or equipment failure, or other such acts or omissions.

USERS ARE NOT AGENTS OF CHIC BRIDAL: Chic Bridal is not responsible for ensuring that any person who accesses or uses the Services is qualified, competent, authorized in any way, or is accessing or using the Services in a manner that is appropriate, legal, or otherwise permitted by Chic Bridal in accordance with these Terms of Use. Chic Bridal does not represent, warrant, guarantee, endorse, or ratify the actions, information, advice, goods, or services of any person who accesses or uses the Services, nor does Chic Bridal have any obligation to investigate or take any action against any person. Notwithstanding the foregoing, if you identify any person who is accessing or using the Services in violation of these Terms of Use, please notify Chic Bridal at [email protected].

DISCLAIMER OF TYPOGRAPHICAL ERRORS: The Services may comprise technical inaccuracies or typographical errors. Chic Bridal will not be held liable for any damages, losses, or costs incurred by any person as a result of any such inaccuracies or errors, nor does Chic Bridal have any obligation to identify and/or correct any such inaccuracies or errors.

DISCLAIMER OF VIRUSES: Chic Bridal will not be held liable for any damages, losses, or costs incurred by any person as a result of viruses, malware, disabling code, or malicious code contained within or transmitted by the Services.

DISCLAIMER OF THIRD PARTY MATERIALS: The Services may comprise, link to, or otherwise reference websites, social media pages, applications, online marketplaces, software, servers, computer systems, networks, accounts, advertising, opinions, statements, products, services, or other materials that are provided or operated by third parties (“Third Party Materials”). You understand that Chic Bridal has no control or responsibility over such Third Party Materials and does not make any representations, warranties, guarantees, or endorsements of any kind in respect of the same. Chic Bridal will not be held liable for any damages, losses, or costs incurred by any person as a result of accessing or using any Thid Party Materials.

DISPUTE RESOLUTION

ARBITRATION: Any dispute, complaint, claim, or cause of action arising out of or relating to the interpretation, application, or breach of these Terms of Use will be adjudicated by arbitration in accordance with the Alberta Arbitration Act, RSA 2000, c A-43, as amended. Unless otherwise agreed by you and Chic Bridal in writing, arbitration must be conducted in the City of Lethbridge, Province of Alberta.

APPEAL FROM ARBITRATION: Any appeal from arbitration will fall under the exclusive jurisdiction of the courts sitting in the City of Lethbridge, Province of Alberta, as well as the federal and appeal courts sitting in the Province of Alberta.

GOVERNING LAW: These Terms of Use are governed by the applicable legislation of the Province of Alberta and federal statutes of Canada.

GENERAL

ENTIRE AGREEMENT: These Terms of Use represent the entire agreement made between you and Chic Bridal regarding the subject-matter contained herein. These Terms of Use expressly supersede any conflicting terms contained in prior agreements, correspondence, and other communications between you and Chic Bridal, whether express or implied and whether made in writing or otherwise.

NO AGENCY: Nothing in these Terms of Use will be construed to create an agency, partner, joint venture, or employee/employer relationship between the parties.

AMBIGUITIES: You agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the interpretation of these Terms of Use.

SEVERABILITY AND WAIVER: The provisions of these Terms of Use are severable, and if any provision herein is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be affected. The failure by Chic Bridal to insist on the performance of any provision of these Terms of Use will in no manner affect the right of Chic Bridal to enforce the same, and the wavier by Chic Bridal of any breach will not be construed to be a waiver of any succeeding breach of such provision or any other provision herein.S

SURVIVAL: Any provisions of these Terms of Use that ought to survive termination of your license and account will survive termination for the maximum period of time permitted by law, including without limitation, the provisions of sections 1, 2, 7, and 8.

ENUREMENT: These Terms of Use enure to the benefit of the parties and their respective heirs, successors, and permitted assigns. These Terms of Use are binding on the parties and their heirs, successors, and permitted assigns.

CONTACT CHIC BRIDAL

CONTACT: Chic Bridal welcomes any comments or questions you may have regarding these Terms of Use, the Privacy Policy, or our Services. Please send any comments or questions to [email protected].

DATE: These Terms of Use were last updated on August 26, 2022. Please check back periodically for updates and changes.