PugMug Terms of Use

Effective date: November 8, 2023


Welcome to Volition, Inc. (“Company”, “we”, “us” or “our”), an AI-powered product company that saves people time, helps them become happier and more intentional, and enables them to create, share, discover, and recall information.

These Terms of Use (these “Terms”), along with our Refund Policy, being an integral part of these Terms (the “Refund Policy”), apply to all users and others (“Users” or “you”) who install, register with, access, or use (“Use” or, “Using”) our application PugMug (“PugMug”, “application”, or “app”) and its website.

These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using PugMug on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 – Dispute Resolution; Binding Arbitration, do not Use PugMug. Your continued Use of PugMug will confirm your acceptance of these Terms.

If you have any questions about these Terms or PugMug, please contact us at help@pugmug.ai (for additional contact information, please see Section 22 of these Terms).

Table of Contents

1. Description of Services

2. Eligibility

3. User Accounts and Account Security

4. Privacy

5. User Content

6. Prohibited Conduct and Content

7. Limited License; Copyright and Trademark

8. PugMug Purchases and Returns

9. Copyright Infringement

10. Feedback

11. Indemnification

12. Disclaimers

13. Limitation of Liability

14. Release

15. Dispute Resolution; Binding Arbitration

16. Governing Law and Venue

17. Changes to These Terms

18. Electronic Communications

19. Termination

20. Export and Economic Sanctions Control

21. How to Contact Us

22. Miscellaneous

  1. Description of Services

PugMug is software that uses artificial intelligence algorithms to edit, modify, and transform your photos. The application allows you to upload, edit, and generate AI-generated Portraits (“Portraits”) of your pet. Any photos you submit to PugMug are governed by our Privacy Policy.

We may change, expand, and improve the application from time to time and without prior notice to you. At any time, we may also cease to operate part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of PugMug or any particular features will be done at our sole discretion.

  1. Eligibility

TL;DR: PugMug is not intended for or directed at children. Generally, you should be at least 18 years old to use PugMug.

PugMug is not intended for or directed at children under 18, and we do not knowingly collect or solicit any information from anyone under 18 or knowingly allow such persons to Use the PugMug website. If you are under 18, do not Use or provide any information in PugMug or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, or email address.

If you are a parent or guardian and believe we have collected information from your child under the age of 18, please contact us (for contact information, please see Section 22 – How to Contact Us).

  1. User Accounts and Account Security

TL;DR: You are responsible for signing up and maintaining the security of your login information.

Certain PugMug features or functionalities may require registering an account with us (“Account”). By creating an Account, you agree to provide accurate, current, and complete information for your Account; maintain and promptly update, as necessary, your Account information; maintain the security of your Account login information; be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent; and immediately notify us if you discover or otherwise suspect any security breaches related to your Account.

You are entirely responsible for maintaining the confidentiality, security, and control of your Account login information and all activities in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

You may sign in and register your Account using a valid account from Apple, Google, or Facebook (each such account, a “Third-Party Account”). By using a Third-Party Account to register your Account, you are allowing PugMug to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account.


  1. Privacy

Please refer to our Privacy Policy for information about how we process and share information about you when you Use PugMug. You acknowledge and agree that your Use of PugMug is subject to our Privacy Policy.

  1. User Content

TL;DR: You can upload your photos to PugMug and create amazing Portraits. Your original and Portraits belong to you; we claim no ownership over such content. You would need to permit us to use that content for our AI to generate your Portraits.

PugMug may allow you to upload, edit, create, store, and share photos and generate and download your Portraits (“User Content”). We do not claim ownership over your User Content.

We want you to enjoy the functionality of PugMug seamlessly; therefore, we require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited to both the purpose of our usage of your User Content and the parties we might share this User Content with. Sharing your User Content would typically be limited to our service providers and/or affiliates, ensuring that the application is functioning as intended and you purchase goods with your Portraits. We do not sell or share any of your User Content with irrelevant third parties and do not receive any proceeds from its usage except to ensure the appropriate functionality and further development of the application.

Therefore, solely to operate or improve PugMug, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating PugMug (or, if otherwise implied by the Using of PugMug and its services) unless you have provided us your additional explicit consent for a different purpose where applicable law requires. You acknowledge and agree that our use of your User Content will not injure you or any person you authorized to act on your behalf.

TL;DR: You must own the photos you upload to PugMug. If you upload a photo depicting your friend or someone other than you, you may do so only with their consent; otherwise, you may be liable.

You represent and warrant that:

  1. You own the User Content edited and adjusted by you on or through PugMug or otherwise have the right to grant the rights and licenses outlined in these Terms.
  2. You agree to pay for all royalties, fees, and any other monies owed because of the User Content you intend to edit and adjust on or through PugMug and warrant to us that you clear any usage of third-party User Content with the respective rightsholder.
  3. If the User Content depicts third parties, you have received all the necessary consents from them to upload their photos to PugMug.
  4. You have the legal right and capacity to enter into these Terms in your jurisdiction.

We encourage you to observe these rules and not harm others by using their content without consent. You must not upload, edit, create, store, or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. If you upload someone else’s content to PugMug and we receive claims, you will indemnify PugMug for such claims (it means we will ask you to compensate us financially). Furthermore, you agree to indemnify, defend, and hold PugMug harmless for any unauthorized use of third-party User Content you might commit (intentionally or unintentionally) by Section 11– Indemnification of these Terms.

We will not be liable to you for any modification, suspension, or discontinuation of PugMug or the loss of any User Content if this loss occurs outside our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident under our Privacy Policy (and its Section 8 “Data Security”).

  1. Prohibited Conduct and Content

TL;DR: The list below describes the prohibited conduct that leads to breach of this agreement between you and us. PugMug is made for your entertainment, and we want everyone to respect each other and not ruin the user experience by misusing it.

You must not violate any applicable contract, intellectual property law, any other applicable law, or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using PugMug.

You represent, warrant, and agree that you will not Use PugMug by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

Use of Portraits

PugMug allows you to use AI as a tool to create Portraits of your pet, and we claim no rights in the Portraits you generate through our AI.

You are the one to decide how to use the generated Portraits further, and you are accountable for their use. You must ensure that the way you are using your Portraits is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, or harmful, and doesn’t spread harmful misinformation. If you are unsure that your intended use of the Portraits would be legal, we advise you to err on the side of caution, especially if using for commercial purposes.

Due to the fact that we use Stable Diffusion AI technology in PugMug for creation of the Portraits, you additionally represent, warrant and agree that you will not Use Portraits feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.

We reserve the right to:

  1. Limited License; Copyright and Trademark

TL;DR: this is to say that everything you see on PugMug (apart from your photos or Portraits) is owned or licensed to PugMug. We allow you to enjoy the functionality of PugMug to its fullest; if you want to use any PugMug elements outside PugMug, however, you must ask for our consent first. This includes, for example, using our trademarks or logo.


PugMug and the text, graphics, images, photographs, videos, audio, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user-generated tools, and other content contained in PugMug, excluding your User Content (collectively, “PugMug Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title, and interests (including without limitation all intellectual rights) in and to PugMug and PugMug Content.

Your use of the PugMug Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use PugMug and the PugMug Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:

Any Use of PugMug or the PugMug Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the PugMug Content.

  1. PugMug Purchases and Returns

TL;DR: You may purchase Portraits and goods on PugMug (the “Purchased Content”), If you have any questions about your purchases, contact us at help@pugmug.ai.

You may only use the Purchased Content if you are over 18 years old (or of legal age in the jurisdiction where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable, and revocable basis for non-commercial use only.

Returns and Refunds – If you are not satisfied with your Portrait purchase please contact us at help@pugmug.ai for a credit. Please request a credit within 30 days from the date of purchase.

For purchased goods, please contact us at help@pugmug.ai for assistance. Any return claims for misprinted/damaged/defective items must be submitted within 20 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 20 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

Taxes – Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.


  1. Copyright Infringement

TL;DR: If PugMug displays any content that infringes someone’s copyright, please let us know. You can find all the details on how to notify us below.

It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos, or other materials or works, including any User Content, uploaded, downloaded, or appearing on PugMug have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from PugMug by submitting a written notification to our copyright agent designated below.

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:

Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on PugMug, a representative list of such works.

Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on PugMug (including the provision of links thereto).

Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.

A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.

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

Our designated Copyright Agent to receive the DMCA Notices is:

Copyright Agent:         Olga Stadie

Address:                2261 Market Street #4795

                        San Francisco, CA 94114

E-Mail Address:        help@pugmug.ai

If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.

Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within PugMug is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  1.  Feedback

TL;DR: we will happily receive your feedback about PugMug. Please note that your feedback is not confidential, and we can use it (for example, to display on our website or to post on our social media account).

We welcome any feedback, questions, comments, suggestions, ideas, original or creative materials, or other information you submit about us or PugMug (collectively, “Feedback”). You can submit Feedback by using the ”Contact Us“ button in PugMug settings, by contacting us at help@pugmug.ai, or otherwise (for additional contact details, please see Section 22 of these Terms “How to Contact Us”), or social media posts. Your Feedback is non-confidential and will become our sole property once submitted. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback. We will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about PugMug’s user experience. If we decide to make your Feedback public, we will not use your personal data unless you explicitly consent to it.

  1. Indemnification

TL;DR: if you breach the rules and receive a claim(s) for it, we may ask you to compensate us financially.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners, and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs (“Claims”) arising out of or related to (i) your Use of PugMug; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with PugMug. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not instead of, any other indemnities outlined in a written agreement between you and us or the other Company Parties.

  1. Disclaimers

TL;DR: Sometimes things may not work out as planned. And we don’t claim or guarantee that PugMug will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Portraits – it’s very unpredictable, although we are always working on AI’s safety settings.

We do not control, endorse, or take responsibility for any User Content (and its loss) or third-party content linked to PugMug. You acknowledge sole responsibility for and assume all risk from using any third-party websites or resources.

Your Use of PugMug is at your sole risk. PugMug is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that PugMug is accurate, complete, reliable, current or error-free, and free of viruses or other harmful components. You assume the entire risk as to the quality and performance of PugMug within your Use.

The Portrait feature uses external technology from Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Portraits feature. Therefore, these Portraits in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Portraits feature by configuring the AI settings, which, in any case, are only accessible to us. We cannot and do not moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Portraits.

  1. Limitation of Liability

TL;DR: Our liability is limited to the amount you paid or $10 US dollars if you did not make a purchase.

The Company, as well as the Company’s representatives or affiliates (the “Company Parties”), will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.

The total liability of the Company and the other Company Parties for any claim arising out of or relating to these Terms or PugMug, regardless of the form of the action, is limited to the amount paid, if any, by you to Use PugMug. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use PugMug exceed the amounts you have paid to Use PugMug or ten ($10) U.S. dollars if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

The limitations outlined in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Dispute Resolution; Binding Arbitration

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits how you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or PugMug resolved in court. Instead, all disputes arising out of or relating to these Terms or PugMug will be resolved through confidential binding arbitration held in San Francisco County, California by the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.


You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee, and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.


You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:

Volition, Inc.

2261 Market Street #4795

San Francisco, CA 94114

Re: Arbitration Opt-out


To be effective, the opt-out notice must include your full name and indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve Disputes per this Section.

  1. Governing Law and Venue

TL;DR: this agreement is governed by the laws of the State of California.

These Terms and your Use of PugMug will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

  1. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes that might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using PugMug. Your continued Use of PugMug after we provide the notice will imply your acceptance of those changes.

  1. Electronic Communications

By Using PugMug, you also agree to receive electronic communications from us, including via email, push notifications, and by posting notices on PugMug. The communications between you and us may take place via electronic means, whether you Use PugMug or send us emails, or whether we post notices on PugMug or communicate with you via email. These communications may include notices about PugMug and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of PugMug (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of PugMug).

You may opt-out of receiving promotional emails from us at any time through any of the following methods by following the opt-out links in any promotional email sent to you or by contacting us at any time at help@pugmug.ai or using other contact details in “How to Contact Us” Section of these Terms.

  1. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to Use PugMug. We are not responsible for any loss or harm related to your inability to Use PugMug. Upon any termination, discontinuation, or cancellation of PugMug, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

  1. Export and Economic Sanctions Control

The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from PugMug under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.

  1. How to Contact Us

If you have any questions, complaints, or claims with respect to these Terms or PugMug, please contact us via email at help@pugmug.ai.

  1. Miscellaneous

These Terms constitute the entire agreement between you and us relating to PugMug and your Use of PugMug, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to PugMug and your Use of PugMug.

The language of these Terms is the English language only.

You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.

The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by a court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity.

You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.