Modern Loss Terms and Conditions of Use
General: Modern Loss, LLC., d/b/a ModernLoss.com (“Modern Loss”) offers you, the user (“You”) access to this website and/or network (“Site”) based strictly on the terms set forth and agreed by You in these Terms and Conditions of Use, in Modern Loss´s Privacy and Data Use Policy, and in any other as Modern Loss may adopt from time to time (collectively, the “Terms” or “Agreement”). By visiting, using and registering in the Site, logging in or out of the Site, (individually and collectively, the “Service”) You are accepting and agreeing to be bound by each of the Terms set forth herein. Modern Loss may discontinue or modify these Terms at any time as it deems necessary or appropriate. Any amendments to the Terms set forth herein are effective upon being posted. You should, therefore, review these Terms from time to time. Your access and use of the Site and/or the Service after the effective date of any amendment to the Terms means that You have accepted such amendment and constitutes your agreement to be bound by the then current Terms.
You may only use the Service in accordance with these Terms, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
Modern Loss shall be entitled to rely on your representations under these Terms. Modern Loss will not be subject and will not accept any claims from any parties claiming that they did not authorize the furnishing, delivery and/or receipt of any information or Service, whether or not through the Site. Accordingly, You are the sole responsible for your use of the Service, and for any consequences under these Terms.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in Service or events that are beyond the control of Modern Loss, and Modern Loss shall not be responsible for any data lost while transmitting information on the Internet. While Modern Loss´s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Modern Loss, access to the Site may be interrupted, suspended or terminated from time to time.
Modern Loss shall have the right at any time to change or discontinue any aspect or feature of the Site. Further, Modern Loss may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
External Sites: As a convenience to You, the Site, the Service, electronic communications delivering content and electronic versions of products or services may contain links to external sites (the “External Sites”) that are owned and/or operated by a third-party. By offering You these External Sites, Modern Loss is not endorsing any of them and Modern Loss has no responsibility or liability, directly or indirectly, for such External Sites, including without limitation for their content. You access linked sites at your own risk.
(1) You may not hack the Site or place any content on the Site that, in Modern Loss´s sole determination:
a. is or may be fraudulent, false, or misleading,
b. is or may be harassing,
c. is or may be illegal, abusive or threatening,
d. infringes on the copyrights and trademarks of others,
e. is or may be sexually explicit,
f. is or may be profane, obscene, or pornographic,
g. is or may be defamatory or libelous,
h. is or may be harmful to minors,
i. constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law,
j. is otherwise objectionable,
k. is not permitted by the Site under its normal operation, or
l. disables or otherwise blocks partial or full functionality of the Site to others and/or to Modern Loss.
(2) You may not use the Site for any political advertisements that have not received prior approval by Modern Loss.
(3) You may not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm the Site, other computers, nor any electronic equipment.
(4) You may not post or transmit any message which discloses private or personal matters concerning any person.
(5) You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Site marks used in an infringing fashion.
(6) You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Site and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Site in any manner not expressly authorized by Modern Loss.
(7) You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Site or the Service or attempt to do so or assist or encourage others in doing so.
Any conduct by You or any other User that, in Modern Loss´s exclusive discretion, restricts or inhibits any other User from using or enjoying this Site and/or any of the External Sites is strictly prohibited.
If You breach or infringe, or Modern Loss reasonably suspects that You may have breached or infringed any of the Terms of this section, or any other clauses, representations, and covenants of these Terms, Modern Loss may, in its sole discretion, suspend, cancel, and/or terminate your Account and/or access to the Site and/or the Service or any part thereof with or without previous notice to You. Modern Loss may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service Account and/or the Service or any part thereof for any or no reason with or without notice to You.
You understand and agree that any unauthorized use of the Site or the Service will result in irreparable injury to Modern Loss, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, Modern Loss, its affiliates and/or their business partners, and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against You. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that Modern Loss, its affiliates and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Copyright & Trademarks: The Service, as well as all the content included in the Site and the External Sites, including without limitation the text, graphics, logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, website architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the exclusive property of Modern Loss or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright and trademark laws. All software and website source code used in the Service and in this Site is the property of Modern Loss or its software suppliers and is also protected by United States’ and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Service. Any use of the content or software of the Service or the Site other than for the express Service provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, creating derivative works, copying, posting, linking, or otherwise modifying any of the contents of this site or any of the external sites. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and/or criminal penalties.
You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Modern Loss does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Modern Loss reserves the right to terminate its Agreement with You or any User who infringes third-party copyrights upon prompt notification to Modern Loss by the copyright owner or the copyright owner’s legal agent.
License & Rights Granted: Subject to these Terms, Modern Loss grants You a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of the Site for the purposes stated in these Terms in order to access and observe through an Internet browser its content, if available and provided by Modern Loss, and to use the limited functionalities of the Site such as posting and creating original content, as may be provided, changed and limited by Modern Loss from time to time.
You grant Modern Loss a transferable, assignable, royalty free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, edit, translate and distribute, in whole or in part, the information, content, communications, comments, messages, information, image, likeness and/or material You supply to the Site (the “User Generated Content”). Modern Loss may assign the Terms and its rights that arise thereunder. You may not assign your rights under these Terms.
By posting User Generated Content on or through this Site or any External Sites, User shall be deemed to have granted to Modern Loss a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Generated Content alone, or as part of other works, in any form, media, or technology whether now known or hereafter developed without territorial or time limitations; to use such User Generated Content for promotions, advertising, market research or any other lawful purpose; and to sublicense such rights through multiple tiers of sublicensees.
No Warranty & Release: THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, ARE PROVIDED ON AN “AS IS” BASIS AND THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, IS ENTIRELY AT YOUR OWN RISK. MODERN LOSS AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THE SITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, WARRANTIES OF THIRD PARTY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. MODERN LOSS AND/OR MODERN LOSS’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE SITE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD MODERN LOSS AND/OR MODERN LOSS´S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER INFORMATION OR DATA THAT MAY RESULT FROM THAT USE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MODERN LOSS AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES, THIRD PARTY MERCHANTS OR BUSINESS PARTNERS, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. MODERN LOSS IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT PROVIDED THROUGH THE SERVICE OR FOR ANY DOWNLOAD OR CONTENT YOU FIND OBJECTIONABLE.
MODERN LOSS DISCLAIMS, AND YOU, THE USER, FOREVER RELEASE, ALL LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM ANY ACCIDENT, EVENT OR OCCURRENCE ON, OR RESULTING FROM THE USE OF THE PREMISES OF ANY LOCATION IN WHICH MODERN LOSS MAY HOLD AN EVENT (A “PARTICIPATING BUSINESS”). MODERN LOSS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE IMPOSED BY LAW, REGARDING THE CONDITION OF THOSE PREMISES OR THE SAFETY OF THE SAME. MODERN LOSS DISCLAIMS ALL ALLEGED VICARIOUS LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF THE PARTICIPATING BUSINESSES, ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, AGENTS AND AFFILIATES.
MODERN LOSS MAY POST FINANCIAL, LEGAL AND/OR THERAPEUTIC INFORMATION OR RELATED CONTENT. MODERN LOSS IS NOT A LEGAL PROVIDER, FINANCIAL ANALYST OR THERAPIST. THE INFORMATION POSTED ON THE SITE IS “AS IS” AND IT IS UP TO YOU TO VERIFY THE VERACITY AND APPROPRIATENESS OF THE INFORMATION POSTED ON THE SITE WITH YOUR OWN LEGAL, FINANCIAL OR THERAPEUTIC ADVISER. YOU, THE USER, FOREVER RELEASE, ALL LIABILITY FOR ANY DAMAGE OR INJURY RESULTING FROM FOLLOWING ANY INFORMATION OR ADVICE POSTED ON THE SITE.
MODERN LOSS WILL NOT BE LIABLE FOR ANY ALLEGED CLAIM OF COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING OUT OF THE USE OF THE MATERIAL POSTED ON THE SITE BY USERS.
MODERN LOSS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MODERN LOSS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
UNDER NO CIRCUMSTANCE SHALL MODERN LOSS OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES, AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, EVEN IF MODERN LOSS AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE: YOU HEREBY RELEASE AND FOREVER DISCHARGE MODERN LOSS AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SITE OR ANY SERVICE BY YOU OR TO THE PURCHASE OF ANY PRODUCT OR SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF MODERN LOSS IN OPERATING THE SITE, THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY & INDEMNIFICATION: NEITHER MODERN LOSS NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE. YOU AGREE THAT, IN NO EVENT SHALL MODERN LOSS OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THE USE OF THE SERVICE THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM MODERN LOSS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, MODERN LOSS´S LIABILITY TO YOU IS LIMITED TO $1.00.
Modern Loss may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your Account and/or the Site and/or the Service or any part thereof for any or no reason with or without previous notice to You. Modern Loss shall not be liable to You or to any third party for any modification and/or discontinuation of the Site and/or the Service or any part thereof.
You agree to defend, indemnify, and hold Modern Loss and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “Indemnitees”) harmless for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of the Site and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Site and/or the Service; (c) any content or information uploaded by You or through your Account to the Site, the Service, the computer systems running the Site and/or the Service or otherwise; and (d) any violation of these Terms. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.
USER IS SOLELY RESPONSIBLE FOR ANY INTERACTIONS WITH THIRD PARTY MERCHANTS AND OTHER USERS OF THE SITE OR EXTERNAL SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, USER HEREBY RELEASES MODERN LOSS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF THIRD PARTY MERCHANTS, ANY ACTION OR IN-ACTION BY THIRD PARTY MERCHANTS, INCLUDING A THIRD PARTY MERCHANTS’ FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF DEALS OR OFFERS, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
Applicable Law and Jurisdiction: These Terms shall be exclusively construed and governed by the laws of the State of New York without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You agree that the federal and state courts located in the State of New York shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and You irrevocably submit to the jurisdiction of such courts.
Monitoring & Privacy: Modern Loss shall have the right, but not the obligation, to monitor the content of the Site and any External Sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms and any operating rules established by Modern Loss, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Modern Loss shall have the right, but not the obligation, to remove any material that Modern Loss, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge that all platforms, discussion for ratings, comments, bulletin or message board service, chat rooms and/or other message or communication facilities (collectively “Exchanges” or “Exchange”) are public and not private communications, and that, therefore, others may read other User’s communications without such User’s knowledge. Modern Loss does not control or endorse the content, messages or information found in any Platform, and, therefore, Modern Loss specifically disclaims any liability concerning the Platforms or other participation by Users in any Platform or other Exchange, including any objectionable content.
End of Agreement & Third-Party Responsibility: Modern Loss may terminate this Agreement at any time. Without limiting the foregoing, Modern Loss shall have the right to immediately terminate or suspend any passwords, Accounts or participations of User in the event of any conduct by User or which Modern Loss, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Your cancellation of your Account is your sole right and remedy with respect to any dispute with Modern Loss and You agree that such right is proper and represents the allocation of risk and conforms to considerations under these Terms.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, You, or other Users not under contract with Modern Loss. Modern Loss neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Modern Loss by anyone other than authorized Modern Loss employee spokespersons while acting in official capacities. Under no circumstances will Modern Loss be liable for any loss or damage caused by your reliance on information obtained through Modern Loss. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Modern Loss.
Modern Loss is not responsible for typographic errors.
Parental Controls: You should note that parental control protections that may assist You in limiting access to material that is harmful to minors are readily and commercially available.
Force Majeure & Export Restrictions: Modern Loss will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, power outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of Modern Loss. If You fail to receive the Service because of network congestion or unavailability, You may contact Modern Loss at the email provided below.
Arbitration & Representation: By using this Site, You agree that: (1) any claim, dispute, or controversy You may have against Modern Loss arising out of, relating to, or connected in any way with this Agreement, this Site, or any External Sites, or the purchase or sale of any products or services, shall be resolved exclusively by final and binding arbitration and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by the State of New York (“arbitration forum”); (2) the arbitration shall be held at the State of New York or at such other location as may be mutually agreed upon by You and Modern Loss; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Contacting Us & Customer Service:
Modern Loss, LLC
157 Columbus Avenue, 4th Floor
New York, NY 10023
Customer Service Inquiries
The language, terms and clauses that appear on the “Terms of Service” link in the Site, as they may be amended from time to time, are incorporated herein except that these Terms and Conditions of Use shall govern and control any contradiction between them and the language, terms and clauses that appear on the “Terms of Service” link.