Terms and Conditions
These terms of service (the “Terms of Service”) are a legal agreement between you and Your CFO Guy owned and operated by Mighty Digits LLC (“YCG”, “we,” “us,” or “our”). These Terms of Service specify the terms under which you may access and use our website located at www.yourcfoguy.com (the “Site”) and the services (the Site with the services, collectively the “Services”).
THE SERVICES, CONTENT, SITE AND DELIVERABLES (AS DEFINED BELOW) THAT ARE PROVIDED TO YOU ARE INTENDED FOR YOUR INTERNAL BUSINESS USE ONLY AND ARE NOT GAAP ASSURED. YCG IS NOT A CERTIFIED PUBLIC ACCOUNTING FIRM, AND YCG EXPRESSLY DISCLAIMS ANY RELIANCE BY YOU ON THE SERVICES, CONTENT, SITE, OR DELIVERABLES BEING COMPLIANT WITH GAAP OR ANY OTHER ACCOUNTING STANDARDS.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
OUR SERVICES AND USERS.
The Services allow you to purchase courses and templates related to finance and accounting topics that you can use and or complete at your own pace (the “Products”).
Our Services have several types of users:
Visitors. Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes or purchase any of the Products. No login is required for visitors to the Site. Visitors can access all publicly-available content and features of the Site, and can contact us using the contact link on the Site.
Registered Users and Accounts. Visitors can also establish an account with us. YCG is under no obligation to accept any individual or entity as an account holder, and may accept or reject any registration in our sole and complete discretion. Visitors who register accounts with us may sometimes be referred to as “Users” in these Terms of Service.
To create an account, you or your authorized representative will be prompted to create a password and user name (“YCG User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. Each YCG User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any Purchases (defined below), use of the Services, or communications from your account to YCG). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, including by closing or disconnecting your account, without notice and without reason, including for your breach of these Terms of Service. YCG reserves the right to modify methods for registration and access levels of registered users from time to time.
In the event we close or disconnect your account, other than due to your breach of these Terms of Service, we shall provide you with a pro-rata refund for any pre-paid Subscription Fee that has not yet been earned by YCG.
USER DATE: LICESNES
Definitions. “User Data” means any data and information that you submit to the Services and/or provide to YCG, including, without limitation, photographs, text and documents from or about Projects. “Usage Data” means the data that we collect in connection with our monitoring of the performance and use of the Services by you including, without limitation, date and time that you access the Services, the portions of the Services visited, the frequency and number of times such pages are accessed, the number of times the Services are used in a given time period and other usage and performance data.
License Grant. Subject to the terms and conditions of this Agreement, you hereby grant us a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to reproduce, execute, use, store, archive, modify, perform, display, and distribute the User Data for the purpose of providing and improving the Services hereunder. You will have sole responsibility for the accuracy, quality, and legality of your User Data.
Aggregated Data. Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, the User Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our Services. Aggregate Data does not identify you or any individual. You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.
Ownership. All right, title, and interest in and to the Usage Data and the Aggregate Data, including all modifications, improvements, adaptations, enhancements, derivatives, or translations made thereto or therefrom, and all intellectual property rights therein, are and will remain the sole and exclusive property of YCG. Excluding YCG’s rights in Usage Data and Aggregate Data, all right, title, and interest in and to the User Data, and all intellectual property rights therein, will be and remain your sole and exclusive property.
Data Security. We (and any third-party hosting provider that we may engage) will employ commercially reasonable physical, administrative, and technical safeguards to secure the User Data, from unauthorized use or disclosure.
Representation. If you submit User Data, you represent and warrant that you have all rights and permissions necessary for you to provide YCG with or grant YCG access to and use of all User Data.
Fees. YCG offers and Users can purchase Products on the Site (each a “Purchase”). You represent and warrant that if you are purchasing any Product from YCG, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
License for use of Products. All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of the YCG. All inquiries for use of YCG intellectual property must be submitted to email@example.com. YCG reserves the right to seek equitable and compensatory relief for any violation of this term.
The Services contains material, such as software, text, graphics, images, and other material provided by or on behalf of YCG (collectively referred to as the “Content”). The Services and the Content are protected under United States and foreign laws. The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, YCG and our licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights.
The trademarks, service marks, and logos of YCG (the “YCG Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of YCG. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with YCG Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of YCG Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
As a registered User of our Services, you may elect to provide us with feedback, comments, and suggestions with respect to our Services (“Feedback”). You agree that YCG will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.
USAGE RIGHTS AND RESTRICTIONS
Subject to these Terms of Service, YCG grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your internal business purposes. YCG may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:
You will not upload, post, chat, e-mail, transmit, or otherwise make available any User Data that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; or
that you do not have the requisite rights to provide to YCG.
You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not allow anyone to access and use your account;
You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
You will not remove or modify any proprietary markings or restrictive legends placed on the Services; and
You will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
YCG reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.
DIGITAL MILLENNIUM COPYRIGHT ACT
YCG respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Via Email at: www.yourcfoguy.com
Mighty Digits, LLC
2 Colgate Road
Great Neck, NY 11023
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) 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; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Site and/or Products may offer the option for you to leave comments, engaging with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or YCG;
defamatory to YCG or any third party;
reference illegal acts; or,
violate the legal rights of a third party.
YCG's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or YCG or a third party.
YCG reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on YCG's servers; or, (iii) hosted or published on the Website or Products. YCG takes no responsibility and assumes no liability for any content posted by you or any third party.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
Any content you contribute to the Site or Products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or YCG or a third party.
YCG reserves the right to edit or remove: (i) any material submitted to the Site or Products; (ii) stored on YCG's servers; or, (iii) hosted or published on the Website or Products. YCG takes no responsibility and assumes no liability for any content posted by you or any third party.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES, PRODUCTS, , AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY YCG ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YCG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE CONTENT, AND PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YCG DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, THE PRODUCTS, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
General Disclaimer. YCG has made commercially reasonable efforts to ensure that all information on the Site has been tested for accuracy. YCG makes no guarantees regarding the results that you will see from using the information provided on the Site. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from YCG. YCG disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Site. YCG assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Site.
Business Information Disclaimer. We have made commercially reasonable efforts to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Site has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Site. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Site. Everything provided on the Site is for informational purposes only.
Income or Earnings Information Disclaimer. Any statements related to income or earnings potential on the Site are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Site. The Site is provided for informational purposes only.
Your Responsibility. The Site was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Site. YCG makes no representations, warranties or guarantees. You understand that results may vary from person to person. YCG assumes no responsibility for errors or omissions that may appear on the Site.
From time to time, the Site or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with YCG to create content featuring certain messages or product placements. Pursuant to the FTC's requirements, all such advertisements on the Site or in the Products are clearly and conspicuously disclosed. Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, YCG gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Site or in the Products are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
You shall defend, indemnify, and hold harmless YCG, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation; and (iii) any third-party claim arising from a third party’s reliance on the Deliverables. YCG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with YCG in connection therewith.
COMPLIANCE WITH APPLICABLE LAWS.
The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising between you and YCG under or relating to this Agreement or the Services (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR YCG CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and YCG, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and YCG will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in New York for purposes of any such action by us.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
CHANGES TO THE AGREEMENT.
These Terms of Service are effective as of the last updated date stated at the top. We may change these Terms of Service from time to time with or without notice to you. Any such changes will be posted on the Site. By accessing the Services after we make any such changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.
No failure or delay by YCG in exercising any right or remedy under the Agreement will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of the Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of the Agreement will remain in full force and effect. The Agreement constitutes the final and complete agreement between you and YCG regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. The Terms of Service are personal to you and are not assignable or transferable by you except with YCG’s prior written consent. YCG may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of the Agreement. Terms which by their nature are intended to survive indefinitely shall survive and shall apply to you even if you have canceled your account or stopped using the Services, including, without limitation, the limitations of liability, indemnity, and dispute resolution provisions.
How to Contact Us
If you have questions about the Agreement or our Services, please contact us via email at firstname.lastname@example.org.
Copyright 2023 Mighty Digits LLC. All rights reserved.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND THE ENTITY TO THESE TERMS.