TERMS OF SERVICE
Effective Date: March 10, 2019
NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Welcome to Performance Language Solutions (“Company”, “PLS”, “we”, “our” or “us”) services portal (the “Site”). Through the Site, You (as defined below) will have the ability to use the services provided via the Site. By accessing or using this Site, You agree to follow and be bound by the following terms and conditions concerning Your access to and use of the Site (“Terms of Service”). If you do not agree to these Terms of Service, continued use of the Service by you is not authorized.
These Terms of Service apply to, and “You” or “Your” as used in these Terms of Service cover, all Company customers and users of the Site, including but not limited to (a) individuals, small and large businesses, and nonprofit organizations who utilize the Services; (b) others who access the Services, including but not limited to visitors to the Site and users of affiliate websites which allow access to Company Services; and (c) each customer’s and user’s heirs, assigns, and successors. Any person who uses the Services on behalf of a business entity, hereby represents and warrants that he or she has the authority to bind that business entity. As such, his or her acceptance of the Terms of Service will be deemed an acceptance by that business entity, and “You” and “Your” as used in these Terms of Service shall refer to that entity.
Company may revise the Terms of Service at any time by posting the changes on the Site. The revised Terms of Service will be effective 15 days after they are posted to the Site. The most current version will be available on the Site, and the Effective Date of the current version is at the top of the Terms of Service. By continuing to access or us the services after revisions to the Terms of Service become effective, you agree to be bound by the revised Terms of Service, except as provided in the Arbitration and Class Waiver section below.
1.1 Use of Site
The purpose of this website is to enable you to submit information (“Submissions”) to engage Company Services offered through the Site. Use of this Site does not create an employment relationship between you and Company, or any Company client. You expressly agree that no employment relationship will be created without, at a minimum, further review of the Submission, an appropriate successful interview process, background and reference checks (where applicable), verification of identity and the legal right to work, and issuance and acceptance of a formal written offer of employment from the entity offering employment.
1.2 Electronic Signatures
By using the Site and providing Submissions, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
In order to access, fulfill and retain the following electronic forms, your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include:
- Windows, Mac OS X, Linux, Apple iOS, and other major operating systems.
- Microsoft Internet Explorer version 8 and later, Mozilla Firefox – latest version, Safari latest version + tablet versions, Chrome latest desktop version.
If you decline to use an electronic signature, you will be able to print your forms and sign them by hand, but will also be required to deliver the hand signed forms to the Company representative.
If you wish to obtain a paper copy of the forms you sign via this site, you will be given the opportunity to download and print those forms once they have been executed.
After authorizing the use of your electronic signature, you may still withdraw your consent. To do so, you must contact Company for their withdrawal procedures and to understand any consequences or fees which may apply.
By making Submissions, you warrant that: (a) you have the right and authority to provide any Submissions and you are doing so at your own risk; (b) you have only disclosed information that is true, accurate and not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading; (c) you are the individual who the Submissions relate to and have obtained permission from each person who appears and/or is referred to in your Submissions; and (d) your Submissions would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
1.4 Acceptable Use
You agree that you will neither use the Site in a manner, nor provide any Submission, that: (a) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (b) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (f) violates or promotes the violation of any applicable laws or regulations; (g) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Company may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
1.5 Security, Passwords and Means of Accessing the Site
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any of Company’s accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Company accounts, computer systems or networks. You agree not to interfere, or attempt to interfere, with the proper working of the Site or any Company accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Company accounts, computer systems or networks without Company’s express written permission.
You must complete the registration process to open an account by providing Company with current, complete and accurate information, as required by the applicable registration form. You may also be required to choose a password and a user name. Access to, and use of, password protected or secure areas of the Site are restricted to authorized users only. Except as contemplated by Section 2.2, You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s), or as a result of your access to the Site. You agree to notify Company immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Service.
2. SERVICE TERMS
- PLS provides Quotes for its Services to Clients through the PLS website or via email. Unless stated otherwise, each Quote issued by PLS remains open for acceptance for 60 days. Only the Client’s written acceptance of a Quote shall result in a binding contract between PLS and Client.
- Each Quote incorporates these Terms of Service, the Source Materials, and any document(s) expressly referred to herein. A Quote may only be modified in writing by duly authorized representatives of PLS and the Client.
- Upon agreeing to a Quote, the Client appoints PLS to provide the Services and PLS agrees to provide the Services on the terms contained herein.
- PLS provides that:
- it will exercise reasonable skill, care and diligence in carrying out the Services; and
- it will use all reasonable endeavors to meet any date(s) for completion of the Services specified in a Quote, provided that PLS shall not be liable for any delay caused by the Client (including, without limitation, any failure or delay by the Client to provide any Source Materials, or any errors or omissions in the Source Materials).
- In relation to Services which comprise translation work, the Client acknowledges and agrees that:
- a translation may read differently from good original writing;
- PLS shall be under no obligation to indicate or correct errors or omissions in the Source Material;
- where the Client has specified a particular use for a translation in a request for a Quote, the translation may not be suitable or appropriate for a purpose other than that originally specified;
- if the Client proposes to use a translation for a purpose other than that specified in a request for a Quote, then changes may need to be made to the translation for which additional charges may be payable; and
- unless otherwise agreed in writing, all translation work is delivered to the Client by email at the Client’s sole risk.
- In relation to Services which comprise translation, the Client acknowledges and agrees that:
- if a translator is incapacitated as a result of sickness, injury or death, such incapacity shall constitute an event of force majeure and PLS’s obligations in such circumstances shall be limited to using all reasonable endeavors to identify and assign a replacement translator.
- The Client shall ensure that all Source Materials:
- are of a sufficient quality and integrity to enable PLS to provide the Services;
- do not infringe any third party’s copyright or other intellectual property rights;
- are not defamatory or otherwise libelous; and
- do not breach any other law, statute, ordinance or regulation.
- The Client will pay all applicable fees as specified in the Quote, which will be due for payment as invoiced.
- PLS shall invoice the Client for the charges and any expenses on completion of the Services, provided that, where Services take (or are reasonably expected to take) more than 30 days to complete, PLS shall be entitled to issue interim invoices.
- The Client shall pay each invoice issued by PLS within 30 days from the date of the invoice.
- The Client is not entitled to delay payment of an invoice issued by PLS as a result of any failure or delay in payment by the Client’s own client or customer, even where the Client has notified PLS that the Services are being provided for the benefit of such client or customer.
- In the event of a bona fide dispute, the Client shall pay the disputed invoice (or, if applicable, the disputed part of the invoice) within 7 days of the dispute being resolved in PLS’s favor.
- Either party may terminate the Services immediately if:
- the other party commits any material breach of these Terms of Service and fails to remedy such breach within thirty (30) days of written notice notifying the breach and requiring its remedy;
- the other party becomes bankrupt or makes any arrangement with or for the benefits of its creditors or (being a company) enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bone fide reconstruction or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution is threatened or levied upon any property of the other party or if the other party is unable to pay its debts as they fall due.
- Where the Client has contracted for Services and subsequently requests to cancel such Services for any reason whatsoever, the full charges for the Services shall remain payable by the Client unless otherwise agreed in advance by both parties.
If the Client notifies PLS that it wishes, for any reason, to postpone or cancel any Services, PLS may (at its discretion) agree to such postponement or cancellation, subject always to the Client paying all charges which have accrued and all expenses that have been incurred up to the date of cancellation or postponement (as applicable).
3. GENERAL TERMS
3.1 Reservation of Rights
The Site and content provided on or through the Site are the intellectual property and copyrighted works of Company, a Company Client, or a third party provider. All rights, title and interest not expressly granted with respect to the Site and content provided on or through the Site are reserved. All content is provided on an “As Is” and “As Available” basis, and Company reserves the right to terminate the permissions granted to you at any time.
You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to, or arising out of, any information you disclose to the Site, your violation of these Terms of Service, or your violation or infringement of any third party rights, including intellectual property rights.
The Company has no obligation to monitor the Site. However, Company reserves the right to review the Site and content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site, any content (including Submissions) in its sole discretion. PLS will keep knowledge, information and documentation communicated to it confidential expressly identified as such in writing. PLS is not responsible for events outside its controls, such as information which enters the public domain other than through the fault of PLS, or where PLS is required to disclose such information as a result of a binding order from an authority of competent jurisdiction. The Company may remove content that is confidential or proprietary to you, or a third party, without permission from you or the third party.
3.4 Termination of Use
Company may, in its sole discretion, at any time discontinue providing or limit access to the Site, in whole or in part. You agree that Company may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site in whole or in part. The Company may terminate or limit your access to, or use of, the Site, if Company determines, in its sole discretion, that you have infringed the copyrights or other legal rights of a third party, or otherwise materially violated these Terms of Service. You agree that Company will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site.
3.5 Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. The Company is not responsible for third party content provided on, or through the Site, or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party content, products and services.
- Except where expressly provided otherwise, the Site is provided on an “as is” and “as available” basis, the Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Site and all content provided on, or through the Site. The Company makes no warranty that: (a) the Site or content will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site, or any content provided on or through the Site, will be accurate or reliable; or (d) any content obtained by you on or through the Site will meet your expectations.
- The Company will have no responsibility for any damage to your computer system or loss of data that results from the use of the Site.
- The Company reserves the right to make changes or updates to, and monitor the use of, the Site and content provided on or through the Site at any time without notice.
- Should you engage Company Services, the Company will have no responsibility for any missed deadlines upon less than 24 hours’ notice of a filing or internal Client deadline.
- Should you engage Company Services, a project is not considered to be ‘accepted’ until all tasks are marked as ‘in progress.’
- Any content made available in, or in connection with, our Terms of Service DOES NOT constitute legal advice. PLS is not a law firm. You should consult with your own lawyer if you are in need of legal advice on any subject.
3.7 Limitation of Liability
In no event will Company or its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages; or damages for lost profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract, or tort (including negligence), breach of statutory duty, strict liability, or otherwise, arising from your access to, or use of, the Site or any content provided on or through the Site, including any damages to your own submissions.
3.8 Exclusions and Limitations
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties of the disclaimer, exclusion, or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set out in these Terms of Service, including those set out in Sections 3.6 (Disclaimer) and 3.7 (Limitation of Liability), do not apply and all other terms will remain in full force and effect.
3.9 Persons Not of Age of Majority
Persons who are not 18 years of age are not eligible to use the Site.
3.10 Waiver and Severability
The failure of Company to exercise or enforce any rights or provisions in these Terms of Service will not constitute a waiver of such right or provision. Except for the Agreement to Arbitrate and Class Action Waiver in Sections 4.1 and 4.4, if any part or provision of these Terms of Service is found to be unenforceable, that specific part or provision may be modified or severed to make the Terms of Service, as modified, legal and enforceable. The rest of the Terms of Service will not be affected and will be given full force and effect.
3.11 Choice of Law
Except for Section 4, which is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), the Terms of Service are governed by the laws of New York, USA without regard to choice of law rules or principles. This choice of law provision is only intended to be used in interpreting the Terms of Service and is not intended to create substantive rights to non-residents of the state of New York to assert claims under New York’s laws.
4. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND COMPANY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
4.1 Agreement to Arbitrate
You and Company mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between You and Company, its related and affiliated companies, and/or any current or former employee, officer, or director of Company or any related or affiliated company. You and Company agree that this Section 4 Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms of Service terminate. Any revision to or termination of the Terms of Service that modify or terminate this Section 4 Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
4.2 Claims Subject to Arbitration
Other than the exceptions in Section 4.3 below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms of Service (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law.
4.3 Claims Not Covered by Arbitration, Jurisdiction, and Venue
The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 (“PAGA”), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including, but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.
Any Excluded Claims arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the in the state and federal courts located in the City of New York, New York, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
In the event You or Company chooses to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
4.4 Class Action Waiver
Except as otherwise required under applicable law, You and Company agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms of Service may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
4.5 Arbitrability Determinations
If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Section 4 Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Section 4 Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Section 4 Arbitration and Class Action Waiver, including the Class Action Waiver.
4.6 Arbitration Rules, Procedures, and Costs
To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party (who are set forth in Section 5 below as the appropriate recipients of any notices). You and Company agree that the arbitration shall be administered by American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) will apply. Except to the extent that they are modified by the rules below, if You are not an individual person, but are an entity or company, the AAA Commercial Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/document_repository/CommercialRules_Web.pdf) will apply.
4.7 The parties agree that the applicable AAA rules are modified as follows:
- Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under New York law.
- No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
- All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
- The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
- Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
- The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
- The Federal Rules of Evidence shall apply to all arbitration proceedings.
- For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
- The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
- The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
- The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
- If You are an individual person and initiate arbitration, You will pay the first $250, and Company will pay all other filing, administrative, or hearing fees. If You are an individual person and Company initiates arbitration, Company will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
- If You are not an individual person, the applicable AAA rules will govern payment of filing, administrative, and hearing fees. You will be responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Section 4 Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Section 4 Arbitration and Class Action Waiver shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of New York, New York, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
5. CONTACT INFORMATION AND NOTICES
If you have any questions regarding these Terms of Service or if You must send written notice to Company pursuant to any provision of these Terms of Service, You must use the following email or mailing address:
101 Crawfords Corner Rd.
4-101R Holmdel, NJ 07733
Company will send any notice required pursuant to these Terms of Service to the email address You have provided to Company, by posting a general notice on the Site, or by overnight courier or certified or registered mail to Your mailing address as appearing in our records. You consent to receive any agreements, notices, disclosures, and other communications to which these Terms of Service refer from Company electronically including without limitation by email or posting on the Site and agree that such electronic provision of notice satisfies any legal requirement that such communications be in writing.
Unless otherwise specified in these Terms of Service, all notices will be in writing and will be deemed to have been duly given (a) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (b) when receipt is electronically confirmed, if transmitted by facsimile or email; (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service; or (d) the day it was posted, if posted on the Site.