AG&E

Privacy Policy

AG&E Associates PLLC, and its affiliates, (“Company” or ”We”) respects your privacy and is committed to protecting it through our compliance with this privacy and use policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website at the following URL: www.age-se.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information, along with your use of the website.
This policy applies to information we collect: (i) on the Website, (ii) in email, text, and other electronic messages between you and the Website, and (iii) when you provide information to third parties that may perform services on behalf of the Company.  This policy does not apply to information that we collect offline or through (i) any other means, including on any other website operated by Company or any third party; or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it and your use of the Website. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this policy. This policy may change from time to time (see Changes to Our Policy). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. We collect, use and are responsible for certain personal information about you. When we do so, we are subject to various laws in the United States and applicable international countries, and we are responsible as “controller” of that personal information for the purposes of those laws.

1. Personal Information We Collect About You. We may collect and use information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”), as shown below:

Category Examples Collected
A. Identifiers A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.		 YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. YES, for job applicants
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

This personal information may be required to provide our products and services to you or to process your application for a job at the Company. If you do not provide personal information we ask for, it may delay or prevent us from providing our products and services to you.

2. How and Why We Use Your Personal Information. We may use your personal information for the following purposes: (i) To comply with our legal and regulatory obligations; (ii) To present our Website and its contents to you; (iii)  To provide you with information, products, or services that you request from us; (iv) To notify you about changes to our Website or any products or services we offer or provide though it; (v) For the performance of our contract with you or to take steps at your request before entering into a contract; (vi) For our legitimate interests or those of a third party; or (v) Where you have given consent. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. The table below explains what we may use (process) your personal information for and our reasons for doing so:

Our use of your personal information Our reasons
To provide our products and services to you, or information that you request For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you
Conducting checks to identify our customers and verify their identity To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g., policies covering security and internet use For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control or processing a job application For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you
Statistical analyses to help us manage our business For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you
Preventing unauthorized access and modifications to systems For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you
Updating applicant, customer, or vendor records For the performance of our contract with you or to take steps at your request before entering into a contract
For our legitimate interests or those of a third party, i.e., making sure that we can stay connected with our customers about existing orders and new products
Marketing our services and those of selected third parties to: (i) existing and former customers; (ii) third parties For our legitimate interests or those of a third party, i.e., to market and promote our business
Credit reference checks via external credit reference agencies For our legitimate interests or those of a third party, i.e., to ensure our customers are likely to be able to pay for our products and services

3. Promotional Communications. We may use your personal information to send you updates (by email, telephone or posting on the Website) about our products and services, including exclusive offers, promotions or new products and services.
We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.  We will always treat your personal information with the utmost respect and never sell or share it with third parties, other than third parties that we have contracted to provide services on our behalf.

You have the right to opt out of receiving promotional communications at any time by:

    • using the “unsubscribe” link in emails that you receive from us; or

    • updating your marketing preferences by clicking on the communications preferences link in the bottom of an email that you receive from us to manage your communication preferences.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

4. Who We Share Your Personal Information With. We may share your personal information with:

    • Our affiliate companies

    • Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses, and delivery companies

    • Other third parties we use to help us run our business, such as marketing agencies or website hosts

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers which provide that they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors at our discretion.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

5. Personal Information We Sold or Disclosed for a Business Purpose.  We have not in the preceding 12 months, sold any of your personal information to third parties. In the preceding 12 months, we have disclosed or may have disclosed (for a business purpose) the categories of personal information identified in Section 1 above to one or more third parties.

6. Where Your Personal Information is Held. Information may be held at our offices and those of our third-party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”). Some of these third parties may be based inside or outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA.”

7. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and services to you. Thereafter, we will keep your personal information for as long as is necessary:

    • To respond to any questions, complaints or claims made by you or on your behalf;

    • To show that we treated you fairly; or

    • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods may apply for different types of personal information.

8. Transferring Your Personal Information Out of the EEA. If it is your request to deliver services to you or process an application or request for commercial services details within the European Economic Area (EEA), it is sometimes necessary for us to share your personal information outside the EEA, such as:

    • With our offices outside the EEA;

    • With your and our service providers located outside the EEA;

    • If you are based outside the EEA; or

    • Where there is an international dimension to the services we are providing to you.

These transfers are subject to special rules under applicable data protection laws. The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information: Canada, United Kingdom, and Switzerland.  Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses, please refer to: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en. If you would like further information, please contact our Data Protection Manager (see “How To Contact Us” below).

9 Your Rights Under the GDPR.

Right to Access The right to be provided with a copy of your personal information
Right to Rectification The right to require us to correct any mistakes in your personal information
Right to be Forgotten The right to require us to delete your personal information (in certain situations)
Right to Restriction of Processing The right to require us to restrict processing of your personal information in certain circumstances, e.g., if you contest the accuracy of the data
Right to Data Portability The right to receive the personal information you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that data to a third party (in certain situations)
Right to Object The right to object:
– at any time to your personal information being processed for direct marketing (including profiling);
– in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance on individual rights under the General Data Protection Regulation, available here: https://gdpr.eu/.

10. Your Rights Under the US State Law, such as CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA), and states with similar laws, to exercise free of charge:

Disclosure of Personal Information We Collect About You You have the right to know:
– The categories of personal information we have collected about you;
– The categories of sources from which the personal information is collected;
– Our business or commercial purpose for collecting or selling personal information;
– The categories of third parties with whom we share personal information, if any; and
– The specific pieces of personal information we have collected about you.
Please note that we are not required to:
– Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
– Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
– Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
The categories of personal information that we disclosed about you for a business purpose.
You have the right under privacy and data protection laws in the state in which you reside, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, please send an e-mail to marketing@age-se.com.
Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
– Delete your personal information from our records; and
– Direct any service providers to delete your personal information from their records.
– Please note that we may not delete your personal information if it is necessary to:
– Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a product or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
– Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
– Debug to identify and repair errors that impair existing intended functionality;
– Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
– Comply with the California Electronic Communications Privacy Act or similar state law;
– Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
– Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
– Comply with an existing legal obligation; or
– Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination You have the right to not be discriminated against by us because you exercised any of your rights under a state privacy law, such as the CCPA. This means we cannot, among other things:
– Deny goods or services to you;
– Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
– Provide a different level or quality of goods or services to you; or
– Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of goods and services to you, if that difference is reasonably related to the value provided to our business by your personal information.

11. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We follow industry standards for information security. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

12. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this policy, please:  Email us at marketing@age-se.com.  Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period, or the period identified under similar state laws.

If you choose to contact us directly, you will need to provide us with:

    • Enough information to identify you (e.g., your full name, address and customer or matter reference number);

    • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

    • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected personal information or is someone authorized to act on such person’s behalf.  Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

13. Changes to Policy. This policy was published on June 3, 2024. We may revise or update this policy from time to time and are effective immediately.  When we do, we will inform you via this policy our Website

14. How to Contact Us. Please contact us if you have any questions about this policy or the personal information we hold about you, or other feedback about the Website.  Our contact details are:
AG&E Associates, PLLC
marketing@age-se.com  or US phone:  (888) 282-9615.

15. Your Use of the Website.  The Company Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Website.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: (i) Making all arrangements necessary for you to have access to the Website, (ii) Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by this policy, and you consent to all actions we take with respect to your information consistent with our policy.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Prohibited Uses.  You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

    • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing.

    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

    • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

    • Use any device, software, or routine that interferes with the proper working of the Website.

    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

    • Otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This policy permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; You may store files that are automatically cached by your Web browser for display enhancement purposes; You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not: Modify copies of any materials from the Website; Use any Website illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

17. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

20. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Collin County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Waiver and Severability.  No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement.  The policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.