TERMS OF SERVICE

Last revised on: May 28, 2020

BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more here.

In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of Mylo, a service operated by CDS Global, Inc. ("CDS", "we", "our" or "us"). Mylo is a digital authentication service (single sign-on) (the “Services”) that enables users to (a) sign in to websites, apps and other digital properties operated by various publishers and other operators (collectively, the “Participating Properties”) and (b) interact with various features offered on the Participating Properties, such as purchasing subscriptions, signing up for newsletters, participating in polls or contests and commenting on articles. Please review the full Terms of Service below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Service, including its sections, in the Highlights section is intended to refer to the full Terms of Service below.

Highlights

Application and Acceptance of the Terms of Service

• Each time you access or use the Services, you agree to be bound by the Terms of Service (including the binding arbitration provision located here) along with our Privacy Notice, any FAQs, and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services (collectively, the "Agreement"). Certain other terms and conditions may be applicable to certain of the Services depending on who is using them, so please be aware of any additional terms and conditions that may be displayed (a) with the Services that you may use from time to time as those will also be applicable to you and form part of our Agreement with you or (b) on the Participating Properties, which will be applicable to you and be a party of your agreement with the particular Participating Property.
• You acknowledge that we will use information we obtain about you in connection with your access to and use of the Services in accordance with our Privacy Notice.
• We may provide Services that are not described in these Terms of Service, or customized Services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those Services as well.

Your Responsibilities

• You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Services.
• You are solely responsible for any information you provide to us.
• You are responsible for your conduct in relation to the Services, and your access to or use of the Services is subject to the rules described in the section entitled "Your Use of the Services" of the Terms of Service below, as well as any additional terms and conditions that may be provided by us as part of the Agreement and applicable to you.

Intellectual and Other Proprietary Rights

• Your access and use of the Services is for your personal and noncommercial purposes only.
• As between CDS and you, CDS owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Services.
• You may not resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Services (including any code used in any software), whether or not for profit.
• If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user's access to the Services. We reserve the right (but have no obligation) to review any information you provide, investigate, and/or take appropriate action against you in our sole discretion.

Release, Indemnity, Disclaimers and Limitation of Liability

• You release CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from all damages, losses, liabilities, costs or expenses, arising out of any dispute between you and a third party relating to your use of the Services.
• You agree to indemnify and hold CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each, a “Claim”) relating to or arising out of (a) your use of the Services, (b) information you provide or we obtain about you and your use of the Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, and (e) the actions or inactions of any third party to whom you grant permission to use your Mylo account to access the Services (including the sharing of your Credentials).
• CDS disclaims any warranties and provides the Services "as is".
• Our liability is limited as described in the Limitation of Liability section in the Terms of Service below.

Third Parties

• CDS is not responsible for any links to, or provided on, the Participating Properties.
• We are not responsible for the terms of use of any Participating Properties, including their publishers and other operators, and we encourage you to review the terms of use published by the relevant Participating Properties.

Termination

• CDS may, in its sole discretion, terminate your Credentials (including your password, account or any part thereof), access to or use of the Services, or remove and discard any information stored, sent, or received via the Services without prior notice and for any reason or no reason.
• Except to the extent you have agreed otherwise in a separate written agreement between you and us, you may terminate your access to the Services and the general applicability of the Agreement by deleting your Mylo account. If you are using the Services without a validly registered account, your only option for these Terms of Service to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without a valid account, this Agreement, including the Terms of Service, remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

Changes to the Terms of Service

• We may revise the Terms of Service prospectively by posting an updated version on the Services and by providing you with notice (by email or other notification through the Services).
• Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.

Governing Law and Severability

• The Terms of Service shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
• The Agreement (including the Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services) constitutes the entire agreement between you and us regarding the use of the Services.
• If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

TERMS OF SERVICE

1. Application and Acceptance of this Agreement

These Terms of Service along with our Privacy Notice, any FAQs and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services that are owned or operated by CDS Global, Inc. ("CDS", "we", "our" or "us"), are a contract in electronic form between you ("you," "your," and "yourself") and CDS (the "Agreement") that apply to your access to or use of Mylo, a service operated by CDS. Mylo is a digital authentication service (single sign-on) (the “Services”) that enables users to (a) sign in to websites, apps and other digital properties operated by various publishers and other operators (collectively, the “Participating Properties”) and (b) interact with various features offered on the Participating Properties, such as purchasing subscriptions, signing up for newsletters, participating in polls or contests and commenting on articles. This Agreement sets forth the legally binding terms governing your access to and use of the Services. This Agreement applies to CDS and its affiliates only and does not cover the Participating Properties that you may access through the Services. Certain additional terms and conditions may be displayed with certain Services that you may use from time to time, which shall also form part of the legally binding Agreement between you and us.

2. Our Role

We are not the creator or owner of the content displayed on the Participating Properties. Rather, we provide the Services, which enable users to access certain features and functionalities on those Participating Properties. The various publishers and other operators of the Participating Properties are responsible for ensuring that any page accessible via the Services meets all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods and services promoted, offered or otherwise described on the Participating Properties is described, and/or delivered as described, in an accurate satisfactory manner. For any Services that involve payment processing, if the publisher or operator responsible for the applicable Participating Property selects a payment processing method that uses a third party to process the payment, then we do not process the transaction. If a publisher or operator of a Participating Property has contracted with us to provide payment processing Services, we act as such publisher’s or operator’s limited agent solely for the purpose of using our payment services to collect payments through the Services and passing such payments to the applicable Participating Property.

3. Privacy Notice

In connection with your use of the Services, we may obtain information from you directly or about you through the Services. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into, and forms part of the Agreement. We are not responsible for the data handling practices of the Participating Properties. We encourage you to review the privacy notices and similar statements of the operators of such Participating Properties to learn about their privacy practices and rights you may have.

4. Accuracy of Your Information

The information you submit to us through the Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we have actual knowledge or have a reason to believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Services.

5. Age Eligibility and Legal Capacity

The Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Services or provide information to us.

By accessing or using the Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Services.

6. Username, Password and Other Credentials

You are responsible for maintaining the confidentiality of your username, password and other credentials ("Credentials") that you may be asked to create to access the Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify CDS of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from the unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

7. Intellectual and Other Proprietary Rights

Your access and use of the Services is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:

• As between CDS and you, CDS owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Services.
• You acknowledge CDS's valid intellectual and proprietary property rights in the Services and that your use of the Services is limited to accessing, viewing and downloading of the Services, as authorized by CDS. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Services, or to any portion thereof, except for the limited rights expressly granted herein.
• You may not either directly or through the use of any computer, tablet, phone or other device (each a "Device") or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Services, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Services. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services (including any code used in any software).
• You may not either directly or through the use of a Device or other means copy, reproduce, duplicate, archive, distribute, modify, display, sell, transmit or retransmit the Services unless expressly permitted by CDS in writing. You may not incorporate the Services into, or retransmit the Services via, any hardware or software application or make the Services available via frames or in-line links. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Services or its servers and infrastructures.
• You may not resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Services (including any code used in any software) whether or not for profit.

Any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services must be retained on all copies thereof. Modification or use of the Services for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

If you provide CDS any feedback or suggestions for improving or regarding your use of the Services ("Feedback"), you hereby assign to CDS all rights in the Feedback and agree that CDS shall have the right to use such Feedback and related information in any manner it deems appropriate. CDS will treat any Feedback you provide to CDS as non-confidential and non-proprietary. You agree that you will not submit to CDS any information or ideas that you consider to be confidential or proprietary.

8. User Content

When you use the Services, we obtain various types of information about you and your use of the Services (including your Credentials) as more fully described in our Privacy Notice.

9. Enforcement

If we become aware of a user's violation of this Agreement, including the rights of the Participating Properties, we may take certain remedial steps, including refusing access to the Services to any person or entity and change eligibility requirements at any time.

If we become aware that any of our users has repeatedly infringed the proprietary rights of a Participating Property, we may take steps to terminate that user's access to the Services. We reserve the right (but have no obligation) to review any information we obtain about you or your use of the Services, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying any information you provide, terminating your access to the Services (including any user account or Credentials), legal action and/or reporting you to law enforcement authorities. If CDS elects to modify any information you provide, CDS nonetheless assumes no responsibility for such information.

CDS reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you or your use of the Services. CDS may seek to gather information from a user who is suspected of violating this Agreement and from any other user. CDS may suspend any users whose conduct is under investigation and may remove such information from its servers as it deems appropriate and without notice. If CDS believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any information permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. CDS may cooperate with law enforcement authorities or court order requesting or directing CDS to disclose the identity of anyone making available any information that is believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS CDS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CDS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERSAND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER CDS OR LAW ENFORCEMENT AUTHORITIES.

10. Your Use of the Services

Please act responsibly when using the Services. The following rules are a condition of your access to or use of the Services:

• No Criminal or Unlawful Conduct. You may only use the Services (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any Participating Property. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
• No System Abuse. You may not in any way distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Services, any other online services, or to obtain unauthorized access to the Services or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Services.
• No Violations of Security Systems. You are prohibited from using the Services to compromise the security or tamper with, or gain unauthorized access to, the Services or any Participating Properties. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, CDS reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Services or its servers and infrastructures. You may not take any action that may cause us to lose any of the services from our Internet service providers or other suppliers or service providers.
• No Transmission of Fraudulent Funds. You shall not transmit what we believe to be potentially fraudulent funds.
• No Violation of Payment Card Rules. You shall not use your Mylo account or the Services in a manner that we, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
• Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.
• No Circumvention. You may not circumvent any CDS determinations about your Mylo account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Mylo account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional Mylo accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Mylo account.

We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including the following:

• Terminate this Agreement, limit your Mylo account, and/or revoke your Credentials (including to close or suspend your Mylo account), immediately and without penalty to us;
• Refuse to provide the Services to you in the future;
• Limit your access to your Mylo account or any of the Services, including limiting your ability to pay with any of the payment methods linked to your Mylo account or restricting your ability to send money;
• Update inaccurate information you provided us; or
• Take legal action against you.

If you've violated this Agreement, then you're also responsible for any damages to CDS (and its affiliates, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) caused by your violation of this Agreement.

If we close your Mylo account or terminate your use of the Services for any reason, we'll provide you with notice of our actions.

You are responsible for all claims, fees, fines, penalties and other liability incurred by CDS (and its affiliates, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents), any Mylo account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services.

11. Availability of and Modification to the Services

We do not guarantee that any or all of the Services, or access to any Participating Properties, will be made available through your use of the Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Services or any part, feature or service that comprises part of the Services at any time with or without notice to you. You agree that CDS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

12. Purchases

You agree to pay any applicable fees for any purchases you make of any products, features and/or services ("Purchases") made available by Participating Properties through the Services, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or download via the Services may be subject to additional terms and conditions presented to you at the time of purchase, access or download.

As described above, for any Services that involve payment processing, if the publisher or operator responsible for the applicable Participating Property selects a payment processing method that uses a third party to process the payment, then we do not process the transaction. If a publisher or operator of a Participating Property has contracted with us to provide payment processing Services, we act as such publisher’s or operator’s limited agent solely for the purpose of using our payment services to collect payments on the Services and passing such payments to the applicable Participating Property. Nevertheless, by making a Purchase while using the Services, you agree to complete such Purchase, including paying for any fees that are incurred, whether imposed by a Participating Property or a third party in connection with such Purchase.

All transactions you make through the Services are between you and the applicable Participating Property; for that reason, your Purchase is subject to the applicable terms and conditions of that Participating Property and you must contact the Participating Property directly in the event you seek a refund or have any questions.

13. Third Party Websites; Linked Accounts; Third Party Offers

Participating Properties that you access using the Services may display links to other Internet websites or resources. Because CDS has no control over such websites and resources, you acknowledge and agree that CDS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with CDS’ partners or third party service providers. For example, if you make a purchase from a third party via a link you accessed from a Participating Property’s website, your contractual relationship is with the third-party you made the purchase from, not with CDS.

14. Release

If you have a dispute with CDS or a Participating Property, you release CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from any and all claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

15. Indemnity

You agree to indemnify and hold CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each, a “Claim”) relating to or arising out of (a) your use of the Services, (b) information you provide or we obtain about you and your use of the Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations and (e) the actions or inactions of any third party to whom you grant permission to use your Mylo account to access the Services (including the sharing of your Credentials). CDS reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of CDS. CDS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

16. Disclaimers

THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SERVICE PROVIDERS AND PARTICIPATING PROPERTIES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS AND PARTICIPATING PROPERTIES) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

CDS DOES NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES PROVIDED BY PARTICIPATING PROPERTIES WHO ACCEPT PAYMENT USING MYLO, AND CDS CANNOT ENSURE THAT A PARTICIPATING PROPERTY YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORIZED TO DO SO. CDS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES AND THE PARTICIPATING PROPERTIES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. CDS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING A CREDIT CARD OR DEBIT TRANSACTION BECAUSE THE SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. CDS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY INFORMATION PROVIDED BY YOU OR OTHERWISE OBTAINED BY US ABOUT YOU OR YOUR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17. Limitation of Liability

IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CDS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD CDS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; (5) ACTIONS, OR INACTIONS OF PARTICIPATING PROPERTIES; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR MYLO ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DIRECTLY TO CDS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS, OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

18. Local Regulations

CDS makes no representation that the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

19. Term and Termination

These Terms of Service apply to you as soon as you access the Services by any means and continue in effect until they are validly terminated as set forth in this section. As described below, some terms remain applicable even after termination.

CDS may, in its sole discretion, terminate your Credentials (including your password, account or any part thereof) or use of the Services, or remove and discard any information stored, sent, or received via the Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Services (including through the sharing of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of the Services.

Except to the extent you have agreed otherwise in a separate written agreement between you and us, you may terminate your access to the Services (for any reason or no reason) and the general applicability of the Agreement by deleting your Mylo account. If you are using the Services without a validly registered account, your only option for these Terms of Service to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without a valid account, this Agreement, including the Terms of Service, remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

Termination, suspension, or cancellation of this Agreement or your access rights to the Services shall not affect any right or relief to which CDS may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to CDS and its licensors and all rights granted by you to CDS shall survive in perpetuity.

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Services, the following provisions of this Agreement will survive: Sections 2 - 25.

20. Entire Agreement

This Agreement (including the Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services) constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

21. Changes to this Agreement

We may revise, prospectively, this Agreement by posting an updated version on the Services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.

22. Dispute Resolution (Arbitration Clause and Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

• Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and CDS arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Services.
• YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CDS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND CDS AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESEENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CDS CUSTOMERS.
• The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and CDS must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

23. No Waiver

No failure or delay by CDS in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

24. Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

25. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

26. Contact Us

If you have any questions about this Agreement, you may contact us by email at privacy@mylo.id.