These Terms of Service (the “Terms”) govern your relationship with Spearfish Corporation (“us”, “we”, “our”) and our Aegis service, found at www.aegisdefender.com, along with related websites, hosted applications, downloadable applications and other services (collectively, the “Services”).

These Terms form a legally binding contract and set forth the terms and conditions by which you may access and use the Services, so please read them carefully. 

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION OF YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND SPEARFISH’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY SPEARFISH AND BY YOU TO BE BOUND BY THESE TERMS.

If you are using the Services through an entity or organization that has a master subscription agreement with Spearfish in effect, then such master subscription agreement controls in the event of a conflict with these Terms.

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER. Except for certain kinds of disputes described in Section 13, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SPEARFISH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

Service Overview.  The Aegis service, operated by Spearfish, provides scam detection and risk analysis by evaluating content and providing a risk assessment of the content’s malicious intent and deception for the benefit of our community of users.

Eligibility. No one under 13 is allowed to create an account or use the Services.  If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

1.     Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Spearfish, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy (https://www.aegisdefender.com/privacy) and is incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

2.     Your Account with Us

To access or use some of our Services, you must create an account with us.  You agree to provide us with accurate, complete, and updated information for your account. You remain responsible for maintaining the confidentiality of your account and any other security information related to your account, at all times. Spearfish will not be liable for any loss that you incur as a result of someone else accessing and using your account, either with or without your knowledge.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

3.     Rights We Grant You

As between you and us, Spearfish is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Spearfish grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using the Services in a way that these Terms and our policies allow. You may not use the Services in ways that are not authorized by these Terms and you may not help anyone else in doing so.

4.      Rights You Grant Us

Spearfish lets you submit, upload, or otherwise post or transmit content (“Customer Data”) to our Services.  You may submit Customer Data in a number of different ways, including sending us an email, taking a photo, uploading a document, forwarding an sms or voicemail, or interacting with the Services through voice, chat and social networks.

By submitting Customer Data to the Services, you retain whatever ownership rights in that Customer Data you had to begin with. But you grant us a license to use that Customer Data to operate, provide and improve our Services.  For all Customer Data you submit to the Services, you grant Spearfish and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, adapt and analyze that Customer Data. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your Customer Data available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

Spearfish may also collect, generate, and derive risk metadata from Customer Data, including but not limited to emotional intent, risk labels, and communications metadata, such as URLs, account handles, emails and phone numbers used by malicious entities (collectively, “Derived Risk Data”). We use Derived Risk Data to further enhance our ability to detect malicious patterns and entities. We may also make Derived Risk Data available to third parties such as financial services companies and government regulators for the purpose of sharing threat intelligence with the larger community and preventing further scam activities.

Additionally, Spearfish may collect, generate, and derive performance, analytical, or usage data relating to your access to or use of the Services (“Usage Data”). Usage Data will not include any Customer Data. Spearfish will only use Usage Data to provide the Service to you, to monitor the performance and stability of the Service, and to prevent or address technical issues with the Service. Spearfish may also anonymize Usage Data, aggregate it with other data, and use that aggregated, anonymized data to improve its products and services.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

5. Acceptable Use of Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Whenever you access or use a feature that allows you to upload or transmit Customer Data through the Services, or to contact or share Customer Data with other users of the Services, you must at all times comply with the standards set forth below.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Services; (b) make modifications to the Services; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how or algorithms relevant to the Services (except to the extent such restrictions are contrary to applicable law); (d) send or otherwise provide to Spearfish data or information considered to be sensitive or otherwise subject to specific protections under applicable laws beyond any requirements that apply to “personal information” or “personal data” generally, such as for illustrative purposes, information that is regulated by the Health Information Portability and Accountability Act (“HIPAA”), the Payment Card Industry Data Security Standard (“PCI-DSS”), the Gramm-Leach-Bliley Act (“GLBA”), and other U.S. federal, state or foreign laws applying specific security standards; (e) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs through the Service; (f) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services; (g) remove any proprietary notices or labels displayed on the Services; (n) interfere with or circumvent any feature of the Services, including any security or access control mechanism; or (i) otherwise use the Services except as expressly permitted herein or. If you are prohibited under applicable law from using the Services, then you may not use it.

We reserve the right, at any time and without prior notice, to remove or disable access to the Services at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to the Services may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.  You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.

6. Risk Assessments

Spearfish uses both statistical analysis and AI models (each an “AI Model”) to evaluate the risk and intent of content provided by you (“Risk Assessments”). You acknowledge that there are numerous limitations that apply with respect to Risk Assessments provided by statistical analysis and AI models due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) it may fail to adequately detect risks, deception, or malicious intent, (c) AI Models can struggle to detect deepfake content or other AI generated content, (d) AI models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in output that is out of context or does not make sense, (e) AI Models do not have emotions and cannot understand or convey emotions in the way humans can, which can result in output that lacks the empathy and emotion that humans are able to convey, (f) AI Models can perpetuate biases that are present in the data used to train them, which can result in output that is discriminatory or offensive, (g) AI Models can struggle with complex tasks that require reasoning, judgment and decision-making, and (h) AI Models require large amounts of data to train and generate content, and the data used to train AI Models may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated output. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of Risk Assessments. ANY RISK ASSESSMENTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.

7.      Privacy

Our Privacy Policy describes how your information is handled when you use our Services, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.

8.      Paid Subscriptions

This section applies to your purchase and use of any features or services which are delivered to you as a subscription service (“Paid Subscription”). A Paid Subscription provides access to certain premium benefits to further enhance your experience on our Services. 

a. Payment Processing. Notwithstanding any amounts owed to Spearfish hereunder, SPEARFISH DOES NOT DIRECTLY PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Services also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact Stripe for more information. Spearfish assumes no liability or responsibility for any payments you make through the Services.

b.  Recurring Billing. By purchasing a Paid Subscription, you authorize Spearfish or its third-party payment processors to charge your credit card or other payment method that you provide on a recurring (monthly or yearly) basis for the applicable subscription charge, including applicable taxes and fees, incurred in connection with your use of the Paid Subscription. Your payment automatically renews at the end of your applicable subscription period, unless you cancel your Paid Subscription before the end of the current subscription period. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID A CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

c.  Price Changes. We may change the price for a Paid Subscription from time to time, and will communicate any price changes to you in advance. Any price change to a Paid Subscription will take effect from the start of the next subscription billing period after the date on which we notified you. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling your Paid Subscription prior to the price change going into effect.

d.  Cancellation by You. You may cancel your Paid Subscription at any time, and you will continue to have access to your subscription through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us.

e.  Cancellation of Family or Business Plan. If you receive access to a Paid Subscription as a member of a family or business plan purchased by another account holder, your access to the Paid Subscription will be cancelled if the primary account holder cancels the family or business plan subscription or their account is otherwise terminated.

f.  Suspension or Termination by Spearfish. Spearfish reserves the right to immediately suspend or terminate your access to a Paid Subscription, at any time and for any reason, at our sole discretion, without prior notice or liability to you, including, without limitation, where: 

• you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner;

• our provision of a Paid Subscription to you is no longer viable as determined by Spearfish;

• you violate these Terms or other published policies;

If your account is terminated by Spearfish for violating these Terms or other published policies, you will not be entitled to a refund for any unused portion of your subscription.

9. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer.

We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms or the law, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances.

If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

In the event of any termination, the following sections will survive: Section 4 (Rights You Grant Us), Section 10 (Indemnification), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Arbitration), Section 14 (Time Limit), Section 15 (Governing Law), and Section 18 (Final Terms).

10. Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Spearfish, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, including Risk Assessments, (b) any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Spearfish; (c) your content, including infringement claims related to your content; (d) your breach of these Terms or any applicable law or regulation; or (e) your negligence or willful misconduct.

11. Disclaimers; No Warranties by Spearfish

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW 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, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, INCLUDING RISK ASSESSMENTS, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR SPEARFISH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING RISK ASSESSMENTS, WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPEARFISH ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES, RISK ASSESSMENTS, AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR YOUR PROPERTY, INCLUDING ANY FINANCIAL LOSSES OR EMOTIONAL TURMOIL, THAT MAY RESULT FROM YOUR USE OF THE SERVICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 6 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

13. Arbitration, Jury Waiver, and Class-Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SPEARFISH AGREE TO RESOLVE ALL DISPUTES, EXCEPT FOR EXCLUDED DISPUTES AS DEFINED BELOW, BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.  THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

"Excluded Dispute" means any dispute or claim relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

You may opt out of the arbitration agreement by following the opt out procedure described below in subsection (g).

a.  Informal Process First. You agree that in the event of any dispute between you and Spearfish, you will first contact Spearfish and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. Before you commence arbitration of a claim or dispute, you must provide us with a written notice that includes your (i) name; (ii) residence address; (iii) username (if any); (iv) email address or phone number you use for your account on our Services; (v) a detailed description of the dispute; and (vi) the relief you seek (collectively, “Notice of Dispute”). Any Notice of Dispute should be emailed to us at legal@aegisdefender.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.

b.  Applicability of Arbitration Agreement. In this Section (the “Arbitration Agreement”), you and Spearfish agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Spearfish are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

c.     Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator in accordance with the AAA Rules.  Issues relating to the scope and enforceability of the arbitration provision are for a court to decide.  The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

d.     Waiver of Jury Trial. EXCEPT FOR EXCLUDED DISPUTES, YOU AND SPEARFISH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Spearfish are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Spearfish over whether to vacate or enforce an arbitration award, YOU AND SPEARFISH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

e.     Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or AAA’s Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court.

f.      Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

g.     Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Spearfish can force the other to arbitrate. Your opt-out notice must be emailed to legal@aegisdefender.com within thirty (30) days of the first date you access or use the Services.  Your notice must include your name and address, your account email address and the phone number (if any) you used to set up your account on our Services, and an unequivocal statement that you want to opt out of this Arbitration Agreement.

h.     Small Claims Court. Notwithstanding the foregoing, either you or Spearfish may bring an individual action in small claims court.

i.      Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Spearfish.

14. Time Limit for Claims and Disputes 

THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any claim or dispute (except for Excluded Disputes), we and you must bring claims (including commencing an arbitration proceeding or a Notice of Dispute) within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not bring a claim within one year after the dispute first arose, then the arbitration will be dismissed because it was started too late.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules or principles. You agree to submit to the venue and jurisdiction of the Delaware courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. 

16. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

17. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Users of the Services may remove User Content they shared by selecting the appropriate privacy settings available within the Services or by deleting that User Content from the Services.

18. Final Terms

These Terms make up the entire agreement between you and Spearfish, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.