Terms of Use for Cigna Healthcare

Access to and use of the Site is conditioned upon your acceptance of these Terms of Use. You are deemed to have accepted these Terms of Use when you use any available page of the Site. You are deemed to have accepted these Terms of Use each time you access the Site and each time you access a login or authenticated portion of the Site through use of your Site login credentials, single sign-on, or otherwise. By accessing or using the Site, you acknowledge that you have read and understand and agree to be legally bound by these Terms of Use.

These Terms of Use may be supplemented by additional terms and conditions made available by us to you for the Site or certain portions of the Site (“Site Specific Terms”). By accessing or using the Site, you acknowledge that you have read and understand and agree to be legally bound by any such Site Specific Terms, which are hereby incorporated by reference into these Terms of Use.

By accessing or using the Site, you confirm that you have read, understand, and acknowledge the Site’s privacy notice(s) (“Privacy Notice”). The Privacy Notice describes our data collection, sharing, use, and other privacy practices for the Site and is hereby incorporated by reference into these Terms of Use.

From time to time, we may, in our sole discretion, modify these Terms of Use, the Privacy Notice, and/or the Site Specific Terms, independently or in combination, as indicated by a new version number and revision date.  The version number includes a major number, a decimal point, and a minor number. A change to the major number reflects a more significant change to the terms, while a change to the minor number reflects a less significant change to the terms.

Please check back periodically to review modifications of these Terms of Use. We will post any major change updates here. We may also inform you of a major change by (i) requiring that you reacknowledge or reaccept the updated version, (ii) sending an electronic notification advising of the update, (iii) including a notice on the Site viewable without login advising of the update, or (iv) other permitted means. We do not ordinarily provide prior notice of a minor change.

It is important that you check these Terms of Use, the Privacy Notice, and the Site Specific Terms every time you visit the Site. Your use of the Site and/or utilization of any Site benefits after the Terms of Use, Privacy Notice, or Site Specific Terms have been updated indicates your acceptance of such updated versions, including all changes made as of the date of your use.

The Site may contain text, images, photographs, videos, graphics, audio, features, data, designs, and other content (collectively “Site Content”). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors.  The Site Content is protected by United States and international copyright, trademark, and other laws.

You may browse the Site and download Site Content solely to the limited extent authorized and necessary for your personal, non-commercial use. All other rights, title and interest in and to the Site Content, including the selection, arrangement, and structure thereof, are reserved by us and our third-party licensors. All access to and use of Site Content is further subject to the restrictions set forth in the Use Restrictions section below.

You are required to comply with all applicable laws in connection with your use of the Site and Site Content. You confirm that you have and will maintain appropriate procedures and safeguards with respect to your access and use of the Site and any Site Content obtained through the Site. You agree that you will only provide information in connection with your use of the Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.

You may not and agree that you will not (and will not attempt to), nor will you authorize or enable any other person or entity to:

• (a) access or use the Site, the Site Content, or any component thereof in any manner or for any purpose not expressly authorized by these Terms of Use and the Site Specific Terms;
• (b) distribute, sublicense, lease, rent, loan, or otherwise use or make the Site, the Site Content, or any component thereof available for use by third parties, including as part of a service bureau, outsourcing, or external consulting arrangement;
• (c) allow any other person or entity to use any credentials or codes associated with you (i) to access, view, or use any component of the Site, (ii) for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind, or (iii) to enable participation in any activities identified on or associated with the Site;
• (d) access or use through the Site, the Site Content, or any component thereof through interfaces, robots, crawlers, scripts, or other automated means (unless approved in writing by us);
• (e) “scrape,” “data mine,” “harvest” or otherwise aggregate, collect, or compile any data or other Site Content from the Site, whether manually or through automated means (unless approved in writing by us);
• (f) access or use the Site, or process any data or other Site Content from the Site, using any artificial intelligence model, tool, or capability (including without limitation large language models and generative AI), or for the purpose of developing, training, or enhancing any artificial intelligence model, tool, or capability;
• (g) deactivate, bypass, or circumvent any access controls or security measures for the Site, the Site Content, or any component thereof;
• (h) gain unauthorized access to the Site, the Site Content, or any component thereof, or to our or any other user’s network, systems, or data;
• (i) engage in any activity or use any device, software, or routine, or introduce any virus, Trojan horse, spyware, adware, or other malicious code, that interferes with a user’s access to the Site or the proper operation of this Site;
• (j) engage in any activity that disrupts or impairs the performance of the Site;
• (k) access or use the Site, the Site Content, or any component thereof in violation of any applicable laws or regulations, the intellectual property or other rights of any third party, or any contractual or legal duty or obligation including in a manner prohibited by these Terms of Use or the Site Specific Terms;
• (l) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying programming, models, databases, or database structures for the Site, the Site Content, or any component thereof; or
• (m) remove or obscure any copyright, trademark, confidentiality, or other notices, terms, or disclosures for the Site, the Site Content, or any component thereof.

The foregoing Use Restrictions are intended and will be deemed to apply to the maximum extent permitted under applicable law. We reserve the right to suspend or terminate access to address non-compliance with these Terms of Use.

Certain areas of the Site may link or otherwise provide access to Site content, features, pages, or applications that are private in nature (each a “Portal”) and intended only for use by individual users who have registered and been granted access by us (“Registered Users”).

By registering for, accessing, or using a Portal, you represent and confirm that you have all rights and permissions and meet all applicable eligibility requirements necessary to register for the Portal and use the Portal features made available to you. If you cease to meet any Portal eligibility requirements, you must immediately cease all access to and use of the Portal.

As a Registered User, you may use the Portal only for your own authorized use consistent with these Terms of Use, any associated Site Specific Terms, and any associated contracts in place between us and you or your company or organization. You may not permit any other person or entity to use your login credentials, nor may you access or use the Portal for any other person’s or entity’s benefit.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Registered User account. You agree to notify us immediately if you suspect any unauthorized access to your login credentials or any use of the Portal by any other person or entity through your Registered User account.

You agree to indemnify and hold us, our affiliates, and our respective directors, officers, employees, and agents harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or resulting in whole or in part from your violation of these Terms of Use or the Site Specific Terms, your misuse of the Site or the Site Content, or your violation of the rights another person or entity.

THE SITE AND THE SITE CONTENT ARE MADE AVAILABLE ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS, AND ALL USE OF THE SITE AND THE SITE CONTENT IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE SITE CONTENT, OR YOUR ACCESS TO OR USE THEREOF.  WE HEREBY DISCLAIM ANY AND ALL IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, CUSTOM, AND USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SITE CONTENT WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE; THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE SITE, THE SITE CONTENT, OR ANY PORTION THEREOF WILL NOT CHANGE OR BE DISCONTINUED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SITE CONTENT WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ACCESS TO OR USE OF THE SITE OR THE SITE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION.

UNLESS OTHERWISE SPECIFICALLY IDENTIFIED, DEPICTIONS OF PEOPLE ARE FOR REPRESENTATIVE PURPOSES ONLY AND DO NOT DEPICT AN ACTUAL PATIENT OR MEMBER.

NO THIRD-PARTY LICENSOR OR SUPPLIER OF OURS HAS ANY WARRANTY, SUPPORT, OR OTHER OBLIGATIONS TO YOU IN CONNECTION WITH YOUR USE OF THIS SITE.  YOU ASSUME THE ENTIRE OBLIGATION AND COST OF ANY AND ALL NECESSARY COMPUTER, MOBILE DEVICE, AND NETWORK EQUIPMENT, SERVICE CONTRACTS, AND SERVICING.  IF YOU ARE DISSATISFIED WITH THE SITE OR THE SITE CONTENT IN ANY WAY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR CERTAIN OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH DISCLAIMERS.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SITE CONTENT, YOUR ACCESS TO OR USE THEREOF, OUR PERFORMANCE, NON-PERFORMANCE, ACTS, OR OMISSIONS IN CONNECTION THEREWITH, THE PRIVACY NOTICE, THE SITE SPECIFIC TERMS, OR THESE TERMS OF USE, EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION OF ANY KIND ARISING OUT OF OR IN AY WAY RELATED TO THE SITE, THE SITE CONTENT, YOUR ACCESS TO OR USE THEREOF, OUR PERFORMANCE, NON-PERFORMANCE, ACTS, OR OMISSIONS IN CONNECTION THEREWITH, THE PRIVACY NOTICE, THE SITE SPECIFIC TERMS, OR THESE TERMS OF USE EXCEED THE GREATER OF (A) THE FEES (IF ANY) PAID BY YOU TO US SPECIFICALLY FOR USE OF THE SITE IN THE THREE MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM OR (B) FIVE UNITED STATES DOLLARS ($5.00).

IN NO WAY LIMITING THE FOREGOING, WE ASSUME NO OBLIGATION AND SHALL HAVE NO LIABILITY ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO ANY COMMUNICATION ERRORS, SERVICE INTERRUPTIONS, OR SITE  MALFUNCTIONS; THE CONDUCT OR CONTENT OF ANY SITE USER; COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; LOSS OR CORRUPTION OF DATA; DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR NETWORK; MALICIOUS ACTS OF THIRD PARTIES; FORCE MAJEURE EVENTS; BUSINESS INTERRUPTION OR DOWNTIME; LOSS OF BUSINESS, PROFITS, OR GOODWILL; OR ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH INVESTIGATIONS, DEMANDS, OR CLAIMS BY US, INTELLECTUAL PROPERTY OWNERS, LAW ENFORCEMENT, GOVERNMENTAL AUTHORITIES, OR THIRD PARTIES.

THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, AND REGARDLESS OF THE NATURE OF THE DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE).  THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS OF USE AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH EXCLUSIONS.

The Site is made available for informational purposes only. It is not tailored to you and does not constitute medical or other professional advice, diagnosis, or treatment (except for those patient-facing portions of the Site, if any, that are specifically designed and intended for that purpose). Interacting with the Site does not establish a physician-patient or other professional relationship.

You should not rely on this Site as a tool for self-diagnosis or as a substitute for medical care. Always consult with your physician or other health care professional for appropriate examinations, diagnosis, advice, and treatment.

Certain uses of products discussed on the Site may not have been approved by the Food and Drug Administration.

We are committed to protecting the security of this Site and the information received by us. However, please bear in mind that no website or data transmission over the Internet is 100% secure, and we do not guarantee the security of this Site, your device or network connection used to access this Site, or the Internet generally.

You may contact us using the applicable posted or linked contact information or “Contact Us” functionality that we make available on the Site. When you contact us, we may request certain additional information to better understand your request, verify your identity, route your request to an appropriate representative, and/or as otherwise provided in our Privacy Notice.

You should not contact us through the Site if you are experiencing a medical emergency. If you are experiencing a medical emergency, call 911 immediately.

We support texting communications in accordance your communication preferences. If you choose to receive text messages, you will receive text messages in accordance with our Privacy Notice. By providing us with your mobile phone number, you agree that we may send health related and transactional text messages, which may use auto-dialing technology, as well as text messages for operational purposes such as verifying your identity. You are not required to agree to receive text messages as a condition to purchasing goods or services. The number of text messages per month varies.

To opt-out from a particular text message program, you can text STOP in response to associated program text messages from your mobile phone. To get technical help or support, contact us using the information provided on the Site. From your mobile phone, you may request our contact information at any time by texting HELP in response to text messages. Message and Data Rates May Apply. Carriers are not liable for delayed or undelivered messages. The text message program is subject to these Terms of Use and the Privacy Notice, to the extent applicable. Comprehensive terms and conditions may be presented in full with the call-to-action.

From time to time, you may share your suggestions, comments, reviews, ideas, testimonials, opinions, enhancement requests, or other feedback regarding the Site, your use of the Site, or other aspects of our or our affiliates’ businesses (each a “Submission”). By providing a Submission through the Site, via email, by phone, or otherwise, you agree as follows:

1.) To the fullest extent and for the maximum duration permitted by applicable law, you hereby grant to us a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your Submission, in whole or in part, on a worldwide basis, in any form, media or technology now known or later developed, including without limitation for our commercial, promotional or marketing purposes, and you waive all moral and similar rights. If requested by us, you agree to sign any documents to confirm the above.

2.) You also represent and confirm that your Submission is being provided voluntarily, does not incorporate or embody any confidential or proprietary information of third parties, and does not violate any applicable laws or regulations or infringe any third party’s copyrights, patent rights, trademarks, or other intellectual property rights.

3.) Some of the submission mechanisms available through the Site may provide you with options to enable or limit how we may use a Submission. When such terms are provided or options are available and specified, our use of such Submissions pursuant to this section is subject to such limitations.

4.) We may contact you regarding your Submission through any known electronic communication channel.

We constantly strive to make improvements to our Site by adding to and modifying Site features and functionality. To enhance your Site experience and improve Site effectiveness, we may monitor your Site usage, selectively provide or disable Site features and functionality, and contact you to solicit feedback that would assist us in improving the overall user experience. We may use any feedback that you provide in accordance with the terms for Submissions above.

The Site may include opportunities to view information and communicate with us through social media or other third party services such as LinkedIn^®, X (formerly Twitter^®), Facebook^®, Glassdoor^®, and blogging. You should use common sense and good judgment in communicating with us through these services.  We are not responsible for the terms of use, site specific terms, and privacy policies that govern these third-party services.

From time to time, we may make certain streaming media-oriented Site Content available to you. This content may include audio, video, and podcasts available through our Site and/or third party services including Spotify^®, Apple^®, and YouTube^®. Any such content is made available to you for your personal, noncommercial viewing or listening only. We reserve all of our other rights with respect to this content.

You may not download or otherwise capture the content, make commercial use of the content, embed the content within your site, or otherwise modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way the content without our explicit written permission. All access to and use of the content is further subject to these Terms of Use, including the restrictions set forth in the Use Restrictions section above, any applicable Site Specific Terms, and, if accessing through a third party service, the applicable terms of the third party service provider for such third party service.

Unless otherwise specifically indicated on a particular site operated by us, these Terms of Use apply to all sites operated by us. The Site Specific Terms that supplement the Terms of Use, if any, only apply to this Site and any other site of ours on which they are presented. Additional sites operated by us may also include applicable site specific terms that supplement these Terms of Use during engagement with those sites.

The Site may contain hyperlinks allowing you to connect to other sites owned by us and our affiliated companies and websites owned by our third-party vendors, distributors, and providers (“Linked Sites”). You may also access the Site through a hyperlink embedded in a Linked Site.  We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you.

Once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site and, except as provided in the Applicability of Terms with Our Other Sites section above, these Terms of Use, the Privacy Notice, and the Site Specific Terms will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, site specific terms, and/or other policies (if any) for the Linked Site.

This Site may contain “forward-looking statements,” as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this Site should be evaluated together with any generally available public filings and disclosures regarding us (along with those of our subsidiaries or other affiliated organizations), such as in registration statements and periodic reports filed with the Securities and Exchange Commission where applicable, including the risks and uncertainties facing our business described therein.

Our Site may provide an opportunity to subscribe to certain newsletters. When you provide us with your email address and request to subscribe, we may periodically email you newsletters and may otherwise communicate with you through email. You may also be able to subscribe to newsletters when registering for an event. You may unsubscribe from receiving further newsletters and/or other communications by following the opt-out instructions.

Calculators/calculations that may be made available to you are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations. Do not rely solely on the calculators/calculations or information found on the Site.

Portions of the Site may include a link to or listing of events and times of events that we are scheduled to host or attend in-person or virtually. Some of the listed events may allow for online registration through an applicable link, while other events are merely listed. You should only register for an event that is applicable to you and your relationship with us. If you register for an event, you authorize us to contact you before, during, and after the event using the contact information that you provide. We will ordinarily provide at least a confirmatory email to you upon registration. You can contact us to confirm the date, time, location, and whether we are still scheduled to host or attend a listed in-person event. However, we ultimately may not be able to host or attend a particular listed event due to a variety of reasons. We are not responsible for any event cancellations or errors or omissions in the listing of the events.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:

1. identification of the copyrighted work claimed to have been infringed;
2. identification of the allegedly infringing material on the Site that is requested to be removed;
3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6. a physical or electronic signature of the copyright owner or the person authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Contact Information for our Copyright Agent for copyright notification only:

Troy Larson, Esq.

The Cigna Group℠, including Cigna Corporate Services, LLC, Cigna Healthcare and The Cigna Group Intellectual Property, Inc.

Two Liberty Place

1601 Chestnut Street

Philadelphia, PA 19192

Phone: (215) 761-1000

Email: IntellectualProperty@Cigna.com

We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (1) – (6) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.

We are unable to process or respond to any other types of requests or inquiries received through the email address identified in this section.

These Terms of Use and the Site Specific Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, U.S.A., excluding its conflict of laws rules. The Site is intended for use by individuals residing in the United States of America. No laws of any foreign jurisdiction shall apply or be binding on us.

Any dispute, claim, action or proceeding arising out of or related to the Site, the Site Content, the Privacy Notice, the Site Specific Terms, or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Philadelphia, Pennsylvania, U.S.A. or, if proper and exclusive federal subject matter jurisdiction exists, the United States District Court for the Eastern District of Pennsylvania. Each party hereby submits to the personal jurisdiction and consents to the exclusive venue of such courts and waives any objections thereto, including based on forum non conveniens.

Notwithstanding the foregoing, in connection with asserting or protecting our intellectual property or other legal rights or business interests, we retain the right to seek temporary or permanent injunctive or other non-monetary equitable relief against you in any court of competent jurisdiction.

To the extent that you are a United States federal government department or agency and the Contract Disputes Act of 1978 applies to your authorized use of this Site, (i) the LIMITATION OF LIABILITY, INDEMNIFICATION, and JURISDICTION; VENUE sections contained in these Terms of Use shall not apply to such Site usage and (ii) any disputes capable of being resolved pursuant to the Contract Disputes Act will be resolved in accordance with the Contract Disputes Act.

You may not assign, transfer, or delegate any rights or obligations under these Terms of Use, the Site Specific Terms, or any part thereof without our prior written consent. Any attempted assignment in violation of the foregoing shall be null and void from the beginning and without effect. We may freely transfer, assign, or delegate all or any part of our rights and obligations under these Terms of Use or the Site Specific Terms without notifying you. Subject to the foregoing, these Terms of Use and the Site Specific Terms (if applicable) are binding on and will inure to the benefit of the parties and their respective heirs and permitted successors and assigns.

If any portion of these Terms of Use, the Site Specific Terms, or the Privacy Notice is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use, the Site Specific Terms, and the Privacy Notice shall remain in full force and effect.

Any waiver by us must be express and in writing, must be directed specifically by us to you, and must be signed by our duly authorized representative. Our failure to enforce any provision of these Terms of Use or the Site Specific Terms, or to respond to a breach by you or third parties, shall not in any way limit or waive our right to do so, including without limitation our right to enforce subsequently any provision or to assert our rights with respect to the same or similar breaches.

These Terms of Use are entered into for the benefit of us and, as applicable, our present and future affiliates that directly or indirectly control, are controlled by, or are under common control with us. All rights, remedies, and protections afforded to us under these Terms of Use are intended and shall be deemed to extend to such affiliates. You acknowledge and agree that our affiliates may enforce these Terms of Use directly against you or may have these Terms of Use enforced by us on their behalf.

These Terms of Use, the applicable Site Specific Terms, and the Privacy Notice incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us and are hereby objected to and expressly rejected.