7.1 Claiming Rewards(Write for Rewards Program)

You may examine Deals and claim discounts, subject to the terms and conditions of this agreement. Claiming a discount signifies your agreement to redeem the discount at the applicable online retailerand provide a review on the applicable online retail site. Deals may be subject to additional terms and conditions imposed by third parties such as the merchant or the online retailer (such as quantity limits or expiration dates). It is your responsibility to ascertain all terms and conditions applicable to a given Deal or Product before claiming a Deal. You agree and understand that a given merchant may choose to limit the ability to view, or claim discounts for, certain Deals based on criteria selected by the merchant, and we do not guarantee that you will be able to view, or claim cash back on, all Deals available on DEALS MADMAN.

7.2 Deals Discounts

When you claim a Discount, we will provide you with a promotional code that you may then use to purchase the Product at a discounted price. DEALS MADMAN does not redeem discounts – all redemptions must be made at the website of the applicable online retailer by the link to the Product page we provide. A given Deal may be redeemed only at the country-specific website for the online retailer(s) identified for the Deal (for example, a Promotion for a Deal identified for the Amazon.com U.S. site may not be redeemed at other Amazon sites such as the Amazon UK site). Unless specifically stated otherwise on DEALS MADMAN, all Deals are limited to “One Redemption Per Customer” (one time use). By claiming a Deal, you are agreeing to use best efforts to redeem the Deal at the applicable online retailer on the same calendar day you claim the Deal.

7.3 Redeeming Cashback

Without limiting any other term or condition of this TOS, you acknowledge and agree that the PRICING AND DISCOUNTS IDENTIFIED IN A DEAL ARE SET BY THE APPLICABLE MERCHANT OR ONLINE RETAILER AT THE TIME THE DEAL IS SET UP. THE MERCHANT OR ONLINE RETAILER MAY CHANGE THE PRICING OF THE PRODUCT ON THE APPLICABLE ONLINE RETAILER WEBSITE AFTER THE DEAL IS SET UP OR AFTER YOU CLAIM A DEAL, WHICH MAY RESULT IN THE FINAL PRICE YOU ARE ASKED TO PAY ON THE ONLINE RETAILER BEING DIFFERENT FROM THE PRICE IDENTIFIED IN THE DEAL OR CASHBACK AMOUNT. WE HAVE NO CONTROL OVER THE MERCHANT OR ONLINE RETAILER CHANGING THE PRICE, AND NO LIABILITY IN CONNECTION WITH ANY SUCH PRICE CHANGE OR YOUR INABILITY TO REDEEM THE DEAL/CASHBACK AMOUNT FOR THE PRICE IDENTIFIED IN THE DEAL OR CASHBACK PROGRAM.

IF SUCH A PRICE CHANGE RESULTS IN A HIGHER FINAL PRICE FOR THE PRODUCT AND YOU CHOOSE TO REDEEM THE DEAL AND PURCHASE THE PRODUCT AT THE HIGHER PRICE, WE HAVE NO LIABILITY TO YOU FOR THE PRICE DIFFERENCE. IF YOU CHOOSE TO NOT REDEEM THE DEAL BECAUSE OF A PRICE CHANGE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR US TO ADJUST YOUR ACCOUNT SO THAT THIS DEAL IS NOT COUNTED AGAINST YOUR LIMIT ON CLAIMED DEALS.

UNLESS SPECIFICALLY IDENTIFIED OTHERWISE IN THE APPLICABLE DEAL, THE PRICING OR DISCOUNT FOR PRODUCTS IDENTIFIED IN A DEAL APPLIES ONLY TO THE PURCHASE PRICE OF THE PRODUCT, AND DOES NOT INCLUDE OR APPLY TO ADDITIONAL AMOUNTS THAT MAY BECOME DUE TO A THIRD PARTY AS A RESULT OF REDEEMING THE DEAL OR PURCHASING OR RECEIVING THE PRODUCT (SUCH AS, FOR EXAMPLE, SHIPPING CHARGES OR SALES, USE, EXCISE, VALUE-ADDED OR SIMILAR TAXES, FEES, ASSESSMENTS, OR DUTIES), ALL OF WHICH ARE YOUR RESPONSIBILITY TO PAY IN ADDITION TO THE PURCHASE PRICE.

7.4 Limitations on Number of Deals

You understand and agree that you may only be permitted to claim a limited number of Deals at any given time (which will be specified on DEALS MADMAN or on your DEALS MADMAN account page from time to time.) You understand that we may adjust this limit from time to time, and we may refuse to allow you to claim additional Deals beyond that limit until certain additional conditions are met. For example, where you have claimed the limited number of Deals we allot to you, you may not be able to claim additional Deals until we have verified that you redeemed the Deals you claimed. Notwithstanding the number of available Deals you may have, you specifically agree that YOU MAY NOT AND WILL NOT (I) CLAIM MORE THAN ONE PROMO CODE FOR THE SAME DEAL OR FOR THE SAME PRODUCT (EVEN IF OFFERED UNDER A DIFFERENT DEAL), (II) REDEEM THE SAME DISCOUNT MORE THAN ONCE, (III) CREATE, HAVE OR USE MORE THAN ONE (1) ACCOUNT PER HOUSEHOLD ON DEALS MADMAN, AND/OR (IV) USE ANY MEANS, DEVICE, PROCESS, METHOD OR OTHER PERSON (EVEN A PERSON USING A SEPARATE ACCOUNT) TO CREATE ADDITIONAL ACCOUNTS FOR YOUR BENEFIT OR TO CLAIM ADDITIONAL DEALS FOR YOUR BENEFIT BEYOND THOSE TO WHICH YOU ARE PERMITTED UNDER THIS TOS. We always retain the right to refuse to permit you to claim a Deal if you are not in compliance with all terms and conditions of this TOS and we will have NO LIABILITY to you for such a refusal. We reserve the right to suspend or terminate ALL accounts in a given household if we determine that more than one (1) account for such household has been registered on DEALS MADMAN.

7.5 No Sharing, No Further Distribution or Resale; No Financial Interest

We expect Shoppers such as you to be genuine end user consumers who will purchase Products for their own use. YOU AGREE THAT YOU WILL CLAIM DEALS, AND ACQUIRE PRODUCTS BY REDEEMING DISCOUNTS, ONLY FOR YOUR OWN PERSONAL USE AS AN END USER CONSUMER, AND YOU WILL NOT CLAIM DISCOUNTS, OR ACQUIRE PRODUCTS BY REDEEMING REWARDS, FOR PURPOSES OF RESALE OR FURTHER DISTRIBUTION OF SUCH DISOUNTS OR PRODUCTS. YOU AGREE YOU WILL NOT SHARE DEALS YOU HAVE CLAIMED WITH OTHERS OTHER THAN BY REFERRING THEM TO DEALS MADMAN.COM TO GET THEIR OWN DEAL, AND YOU FURTHER AGREE THAT YOU WILL NOT CLAIM OR REDEEM DEALS FOR ANY PRODUCTS IN WHICH YOU MAY HAVE A DIRECT OR INDIRECT FINANCIAL INTEREST OR THAT MAY HAVE A DIRECT OR INDIRECT FINANCIAL EFFECT ON YOU OR AN IMMEDIATE FAMILY MEMBER (FOR EXAMPLE, AND WITHOUT LIMITATION, YOU WILL NOT CLAIM OR REDEEM DEALS FOR PRODUCTS OFFERED BY YOU OR AN IMMEDIATE FAMILY MEMBER OR BY A BUSINESS COMPETITOR OF YOU OR AN IMMEDIATE FAMILY MEMBER).

7.6 Availability; Limitations

ALL DEALS, PRODUCTS AND PROMOTIONS ARE STRICTLY SUBJECT TO AVAILABILITY AND ARE PROVIDED ON AN “AS AVAILABLE BASIS”. Deals may be time-limited and/or only a limited number of Deals may be available to be claimed for a given Deal on a per-day basis or over the life of the Deal. We may discontinue a Deal at any time. We will have NO LIABILITY for (i) errors or inaccuracies in Deal rates or in Product or pricing descriptions or terms, (ii) any third party terms and conditions on Cashback Promotions, Deals or Products or any failure by you or the third party to comply with them, (iii) the failure or refusal of a merchant or online retailer to honor a Cashback Promotion or Deal in accordance with its terms or any inability to claim or redeem a Deal caused by acts or omissions of any third party or otherwise beyond our control, including without limitation errors or unavailability of the online retailer’s website, or pricing that does not comply with the terms of the Promotion or Deal, or (iv) unavailability of any Deal or Promotion or of any Product for which you have claimed or redeemed a Discount.

8.1 Products

YOU SPECIFICALLY AGREE THAT WE ARE NOT A MANUFACTURER, DESIGNER, DISTRIBUTOR, IMPORTER, EXPORTER OR SELLER OF ANY PRODUCT THAT IS THE SUBJECT OF A DEAL OR FOR WHICH YOU REDEEM A DISCOUNT. WE WILL HAVE NO RESPONSIBILITY FOR, OR LIABILITY WITH RESPECT TO SUCH PRODUCTS OR ANY INFORMATION RELATED TO THEM, INCLUDING WITHOUT LIMITATION THEIR DESIGN, MANUFACTURE, QUALITY, ACCURACY, MARKETING, SALE, TRANSPORTATION OR COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS. YOUR SELECTION OF AND USE OF ANY SUCH PRODUCT IS SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY WARRANTIES WITH RESPECT TO ANY SUCH PRODUCTS OR FOR ACCEPTING PAYMENT OR RETURNS FOR, OR ISSUING REFUNDS FOR, ANY SUCH PRODUCTS. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR PRODUCTS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOU WILL COMPLY WITH ALL POLICIES OF THE APPLICABLE ONLINE RETAILER.

8.2 We Are Not a Party to Your Transactions or Interactions

YOU AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY MERCHANT, ONLINE RETAILER OR USER OF DEALS MADMAN), EVEN IF THAT TRANSACTION OR INTERACTION IS FACILITATED, IN WHOLE OR IN PART, BY OR THROUGH US OR DEALS MADMAN. YOUR TRANSACTIONS AND INTERACTIONS WITH ANY THIRD PARTY, INCLUDING PAYMENT AND FULFILLMENT OF PRODUCTS, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH TRANSACTIONS OR INTERACTIONS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH TRANSACTIONS AND INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF, OR IN CONNECTION WITH, ANY SUCH TRANSACTION OR INTERACTION. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY, WE HAVE NO OBLIGATION TO BECOME INVOLVED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THESE TRANSACTIONS AND INTERACTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR INTERACTIONS WITH ANY THIRD PARTY (INCLUDING ANY MERCHANT, ONLINE RETAILER OR USER OF DEALS MADMAN), INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.

THIS SECTION WILL SURVIVE TERMINATION OF THIS TOS FOR ANY REASON.

9.1 Your Content

“Your Content” means any and all materials, data or information that you or any of Your Users delivers or makes available (or causes to be delivered or made available) to us or DEALS MADMAN (i) in connection with our performance hereunder or your use of DEALS MADMAN or (ii) that are utilized in connection with, incorporated into, or made available to others via DEALS MADMAN. “Your Content” includes, without limitation, any content you provide in a posting or communication using DEALS MADMAN. “Your Content” also specifically includes any information or material not owned by us which is accessible via any link created or provided by you or any of Your Users (or by us on your behalf or at your direction) to or from any portion of DEALS MADMAN(including links you include in your postings or communications).

9.2 Posting and Communications

From time to time, DEALS MADMANmay make available features or functionalities that allow you to make postings, publish Your Content (defined below) and/or communicate or interact with other users of DEALS MADMAN. These features and functionalities are offered as a convenience at our discretion, and we may discontinue them at any time. You agree YOU ALONE ARE THE SOLE AUTHOR OF, AND ARE SOLELY RESPONSIBLE FOR, ALL OF YOUR CONTENT AND YOUR PROMOTIONS. In no event will we be deemed to be the author, creator, editor, publisher or promoter of Your Content or your Promotions for any purpose. You agree that Your Content and your use of any such features or functionalities must comply with this TOS, including any additional policies that we publish on DEALS MADMANrelating to Your Content or such features or functionalities.

9.3 Prohibited Content

We reserve the right to (but do not have the obligation to), at any time, refuse, edit, delete, remove or disable access to any of Your Content, WITHOUT ANY LIABILITY TO YOU, where required by applicable law, rule or regulation, or if we determine that it does not comply (or that you are not complying) in all respects with this TOS, or if we determine, in our sole discretion, that Your Content could lead to liability on our part to any third party or is not appropriate for DEALS MADMAN. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY AGREE THAT YOU WILL NOT USE DEALS MADMAN IN CONNECTION WITH, OR PROVIDE, ANY CONTENT OR SUBJECT MATTER THAT MEETS ANY OF THE FOLLOWING CRITERIA:

• • is defamatory, harassing, indecent, obscene, offensive, false or misleading, threatening, abusive, invasive of privacy or hateful (as determined in our reasonable discretion);
• • promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
• • does not comply (or whose processing, storage, transmission, receipt, offering, sale, import, export or transport does not comply) with all applicable laws, rules and regulations and all applicable policies of the applicable online retailer, promotes any illegal activity, or advocates, promotes or assists any unlawful act;
• • misrepresents your identity or your affiliation with or endorsement by any person or organization;
• • infringes or violates (or may be alleged to infringe or violate) any right of a third party (including intellectual property rights, contract rights, or privacy, publicity or other personal rights) or the terms and conditions of any online retailer;
• • is subject to, or would subject us to, data privacy, import/export or other legal obligations or regulations anywhere in the world with respect to such information or material or any goods or services to which such information relates; or
• • is confidential or proprietary to a third party (unless you can demonstrate to our satisfaction that you have obtained all necessary rights and consents to provide the same to us and for us to fully perform and to exercise the licenses granted in this TOS).

10.1 Ownership

You agree that we (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to DEALS MADMAN, all content on DEALS MADMAN(other than Your Content), all proprietary technology owned or used by us, or made available to you by us, and all modifications, enhancements and improvements to any of the foregoing. We hereby reserve all rights worldwide not specifically granted to you in this TOS, and you agree that you will not, and will cause all of Your Users to not, make any use of any of the foregoing in any manner or for any purpose whatsoever except as expressly permitted by the terms and conditions of this TOS. The “DEALS MADMAN” name and logo, “Write for Rewards”, “Cashback Program” and the other product and service names and logos associated with DEALS MADMAN are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever. This Section does not limit any rights or remedies we may have under any applicable laws, rules and regulations.

10.2 License in Your Content

You grant to us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, transferable and sublicenseable (at multiple levels) right and license to use, reproduce, disclose, adapt, translate or transform, publish, distribute (internally and externally), perform and publicly display copies of, and prepare derivative works based upon, Your Content and derivatives thereof, and authorize others to do any of the foregoing, as reasonably necessary to use Your Content in connection with DEALS MADMANand performance of our obligations hereunder and to provide DEALS MADMANto you and/or others, regardless of the form, medium, or technology being employed to provide DEALS MADMAN. You hereby represent, warrant and covenant to us that: (i) prior to delivering or making available Your Content to us or using it in connection with DEALS MADMAN, you have obtained or will obtain from all owners or proprietors of any and all of Your Content all rights in, and consents of third parties with respect to, Your Content reasonably necessary for us and our agents and subcontractors to lawfully perform hereunder and to do all acts related thereto described in this TOS (including exercising any licenses granted hereunder); and (ii) you will maintain all rights and consents set forth at subsection (i) for so long as any license granted to us survives. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS TOS FOR ANY REASON.

15.1 GOVERNING LAW

THIS TOS WILL BE DEEMED TO HAVE BEEN MADE AND ENTERED INTO IN THE PRC. THIS TOS AND ANY CLAIM, ACTION, SUIT, PROCEEDING OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH, OR RELATING IN ANY WAY TO, THIS TOS OR YOUR USE OF DEALS MADMAN WILL IN ALL RESPECTS BE GOVERNED BY, AND INTERPRETED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE PEOPLES REPUBLIC OF CHINA.

15.2 AGREEMENT TO ARBITRATE

YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH, OR RELATING IN ANY WAY TO, THIS TOS OR YOUR USE OF DEALS MADMAN WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AND ONLY SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT TO ARBITRATE, ALONG WITH THE NEW YORK CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS.

TO BEGIN AN ARBITRATION PROCEEDING, THE PARTY SEEKING ARBITRATION MUST FIRST GIVE WRITTEN NOTICE TO THE OTHER REQUESTING ARBITRATION AND DESCRIBING THE CLAIMS OR DISPUTES TO BE ARBITRATED. IF YOU AND WE ARE UNABLE TO RESOLVE THE CLAIMS AND DISPUTES DESCRIBED IN THE NOTICE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED BY THE OTHER PARTY, YOU OR WE MAY INITIATE ARBITRATION PROCEEDINGS.

15.3 WAIVER OF CLASS ACTION

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR RIGHTS TO BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND WE AGREE THAT THE ARBITRATOR 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, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

15.4 JUDICIAL FORUM FOR LEGAL DISPUTES; CONSENT TO JURISDICTION

. IN THE EVENT THAT THE AGREEMENT TO ARBITRATE ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR CLAIM OR DISPUTE AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, THEN, UNLESS YOU AND WE AGREE OTHERWISE, ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH, OR RELATING IN ANY WAY TO, YOUR USE OF DEALS MADMAN OR THIS TOS THAT IS NOT SUBJECT TO THE AGREEMENT TO ARBITRATE MUST BE RESOLVED EXCLUSIVELY BY AND IN THE COURTS LOCATED IN THE PRC. EACH OF YOU AND US HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION AND EXCLUSIVE VENUE OF COURTS LOCATED IN THE PRC, FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND WAIVES LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AS A DEFENSE. HOWEVER, THE TERMS OF THE SECTION TITLED “WAIVER OF CLASS ACTION” WILL CONTINUE TO APPLY TO SUCH LITIGATION.

17.1 Force Majeure

You agree that we will have NO LIABILITY for any issues caused by causes beyond our control, including acts or omissions of third parties. Without limiting the foregoing, you agree that DEALS MADMANmay be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, and we will not be liable for any delays, delivery failures, or other damage resulting from such limitations, delays, and other problems.

17.2 Waiver; Amendment; Assignment

No waiver of any right or remedy by us will be valid unless in writing, and waiver of a right or remedy on one occasion by us will not be deemed a waiver of such right or remedy on any other occasion. Except as otherwise provided in this TOS, this TOS may not be amended or modified except by a writing signed by you and us. You may not assign this TOS or any of your rights or obligations without our prior written consent, and any attempt to do so will be void. We may freely assign this TOS or any of our rights or obligations, and you waive notice of such assignment.

17.3 Severability

If any provision of this TOS is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this TOS will be valid and enforceable to the fullest extent permitted by applicable law.

17.4 Headings; Language

Section titles and headings in this TOS are provided for convenience only and do not affect or limit the meaning or interpretation of the TOS. The official language of this TOS is English. In the event this TOS is translated, the English version will control, and translations into languages other than English will not be construed as official or original versions of this TOS. All contract interpretations, notices and dispute resolutions will be in English.

17.5 Links

If DEALS MADMAN contains links to other sites and resources provided by third parties, these links are provided for convenience only. We have no control over the contents of those sites or resources, and will have no responsibility for them or for any loss or damage that may arise from them or your use of them. If you decide to access any of the third-party sites or resources linked to DEALS MADMAN, you do so entirely at your own risk and subject to the terms and conditions of use for such sites or resources (including any applicable data privacy or security policies of such sites).

17.6 Entire Agreement

This TOS sets forth the entire agreement and understanding between you and us pertaining to its subject matter, superseding all prior or contemporaneous discussions, agreements, promises or understandings between you and us pertaining to such subject matter. Any additional or varying terms contained in your preprinted forms, correspondence or other documents transmitted to us, will be of no effect, unless otherwise expressly provided in this TOS, and are hereby rejected in advance.

17.7 Independent Contractors; No Other Beneficiaries

You agree and acknowledge that the relationship between you and us is that of an independent contractor, and nothing contained in this TOS will be construed as establishing any employer/employee relationship, partnership or joint venture between you and us. Neither of you or us has any authority to bind the other to any legal obligation. There are no intended third-party beneficiaries of this TOS, and nothing in this TOS will be construed to create any rights enforceable by any person or entity other than you and us.