Crowd funding terms & Conditions
1. Welcome to Seismocon!
When you back Seismocon, you are agreeing to all the rules on this page. Some of them need to be expressed in legal language, but to make it easy to understand we have created a summary of each paragraph in these blue boxes. Important to note is that these summaries are not part of the official legal terms.
By using this website (the “Site”) and services (together with the Site, the “Services”,”Project”) offered by Seismocon Systems, Inc. and its affiliates, agents, representatives, consultants, employees, officers, and directors — also referred as to “Seismocon”,” Company”, “we”, or “us”, you are agreeing to these legally binding rules (the “Terms”). The reader or user of this site is also defined as herein as “Backer”, “You”, “Contributor”, “Campaign Backer” or “The reader”, are the definition of a donor of funds in connection with the rewards program offered with the Seismocon crowd funding campaign. For purposes of the following Terms and Condition, “Seismocon,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting, which is Seismocon Systems, Inc., PO Box 3496, Napa California 94558.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING AND/OR PARTICIPATING IN THE SEISMOCON CROWD FUNDING CAMPAIGN, YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
2. About Backing the Project
You like the Seismocon system. You want to help the project to come to fruition. You have contributed funds and have selected a rewards program that is attached to this program.
Seismocon is running a crowd funding campaign and is offering different rewards to raise money from users (“Backers”). Each Backer understands that the rewards program in the Seismocon crowd funding campaign is not to be considered a purchase of a product or a service. The rewards program is a way for Seismocon to say “thank you” for contributing funds and for enabling the project to come to fruition. It is also understood by the backer that things may happen in the process of developing and manufacturing a product/service that may result in a failure of such development/production. In the event that such a failure happens, the backer will not receive any reward, and donated funds are not refundable.
Seismocon offers a number of rewards on its website. Each reward is connected with a contribution amount. The backer selects one of the rewards programs and pays the contribution to Seismocon. Seismocon warrants that all information about the product and services in the crowd funding campaign is accurate and truthful. It is important to note that during a development process, the estimation and definition of the product and services are subject to change. Examples of such changes are lead time of the development and shipping dates, final industrial designs, operations and functionality, selection of technical components, etc. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding the Seismocon crowd funding campaign, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all actions taken by you in backing this project is at your own risk. We expressly disclaim any liability or responsibility for the outcome or success of this campaign. You, as a backer, must make the final determination as to the value and appropriateness of contributing to our campaign.
ALL CONTRIBUTIONS ARE AT YOUR OWN RISK. When you make contributions with Seismocon, it is your responsibility to understand how your money will be used. Please understand the following:
All funds from backers in this campaign will be used solely as described in the materials that are posted or otherwise provided in the crowd funding campaign.
Seismocon shall have full discretion to determine how the funds will be used.
Seismocon makes no representation as to whether all or any portion of your contribution are tax deductible or eligible for tax credits.
Seismocon will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any contribution by you.
You must be 18 years old or over to enter into a binding contract with Seismocon.
You need to submit and warrant that your contact and shipping details are truthful and accurate.
If anyone else uses your account without your permission, you must report it to Seismocon.
Seismocon may, at its sole discretion, refuse to offer the rewards to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
3. How This Works
Most of our Terms and Conditions explain your relationship with Seismocon. This section is different — it explains the relationship between Seismocon and You [The backer of our project], and who is responsible for what. This is what you are agreeing to when you sign up.
We have created a funding platform for our project. We invite people to enter into a contract with us. Anyone who backs the project is accepting our offer, and entering into that contract. The contract is a direct legal agreement between Seismocon and the backers. Here are the terms that govern that agreement:
The funds from the backers must go to the Seismocon project. When a project is successfully funded, when development and production are done, and when the product is ready for shipment, the backer shall receive the reward to the backer’s registered shipping address. Once the product is shipped, Seismocon has satisfied its obligation to the backer.
Throughout the process, Seismocon owes the backers a high standard of effort, honest communication, and dedication to bringing the project to life. At the same time, backers must understand that when they back the Seismocon project, they are helping to create something new — not ordering something that exists. There may be changes or delays, and there is a chance something could happen that prevents the Seismocon from being able to finish the project as promised.
The Estimated Time of Delivery listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when Seismocon hopes to provide that reward.
If Seismocon is unable to complete the project and fulfill rewards, the project is considered to have failed. In a situation like this, Seismocon shall:
email the backer an update that explains what work has been done, how funds were used, and what prevents Seismocon from finishing the project as planned;
work diligently and in good faith to bring the project to the best possible conclusion.
You may view Content on the Site without registering, but as a condition of backing the project, you are required to register with Seismocon and select a rewards program. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breach.
4. How Funding Works
This section explains how and when funds are collected, and the cancellation and refund policy.
These are the terms that apply when you are backing the project:
You are charged immediately after you have chosen your rewards program for the project. Backers consent and authorize Seismocon to collect funds that are attached to the rewards program. The exact amount you decided to contribute is the amount we will collect. You represent and warrant that you are authorized to use the applicable credit card for the contribution.
No cancellations. The spirit of crowd funding is that you back a project financially. You may back it with a contribution because you want to see the idea and concept come alive, or you take the opportunity to pick one of the offers that is given by Seismocon and wait for the product to be developed, produced and shipped. Funds are used for its purpose on an ongoing basis and this is why backing of the project can’t be cancelled.
The Estimated Delivery Date is Our Estimate. The date listed on each reward is our estimate of when the award is provided — not a guarantee to fulfill by that date. The schedule may change as the development and production progress.
About Your Contact & Shipping Information. To deliver rewards, we might need information from you, i.e. your mailing address. To receive the reward, you will need to provide your information and if shipping information is changed at the time of delivery, it is the backer’s responsibility to provide such changed information to us at least 3 weeks prior to the shipping date. In the event a backer’s shipping address is inaccurate, the backer will be charged for the second shipment prior to such second shipment being handled.
No refunds. When the product is shipped to the backer, it is not considered a purchase of a product, but a reward of a contribution. The backer can therefore not return the product to Seismocon with a request of a refund, at any time, regardless of reason. Seismocon reserves the right, at its sole discretion, to refund a Backer’s contribution at any time and for any reason, and if they do so, they are not required to fulfill the reward.
Online Payment Service. Seismocon uses third-party payment processing partners to bill you through your credit card for any contributions made, and backer acknowledge that by contributing a donation to the campaign, the backer is agreeing to any and all applicable terms set forth by our payment partners (currently, PayPal and Square), in addition to these Terms and Conditions. In the event Seismocon adds another payment partner, Seismocon is not required to inform the backers about such addition.
Anti-Money Laundering Policy: A contributor warrants, under penalty of perjury, that funds that are used to back the Seismocon project in this crowd funding campaign are legal and free of any illegal activity, including money laundering. The purpose of this policy is to assist law enforcement in combating illegal money laundering, and to minimize the risk of Seismocon resources being used for improper purposes.
5. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Seismocon may provide links to third-party websites. (For instance, project pages, user profiles, governmental websites, insurance companies, etc.) When you access third-party websites, you do so at your own risk. Those other websites are not under the control of Seismocon, and you acknowledge that Seismocon is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Seismocon. You further acknowledge and agree that Seismocon shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
6. Intellectual Property
Technology shown in the project description is protected by the United States Patent and Trademark Office [USPTO]. Logotypes are registered and text is under copyright laws. You cannot use the content for anything commercial without getting our permission first.
Seismocon services and products are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The technology explained in the Seismocon project, and logotypes shown herein are registered with the USPTO. It is therefore prohibited to copy or reverse engineer the products, services and applications that are explained herein.
As a crowd funding campaign;
We permit you to share this document with anyone you would think would be interested in becoming a backer of the project. We encourage you to share the information about our project. If you have any questions about sharing our information, please contact us at firstname.lastname@example.org
You are not allowed to change information in our crowd funding campaign. When sharing the campaign with others, you are not allowed to alter, change, modify or do anything else to the text, pictures and/or presentations without written consent from Seismocon.
7. Our Rights
To operate, we need to be able to maintain control over what happens. So in this section, we reserve the right to make decisions to protect the health and integrity of Seismocon. We do not take these powers lightly, and we only use them when we absolutely have to.
Seismocon reserves these rights:
We can make changes to the Seismocon Site and Services without notice or liability.
We have the right to decide who is eligible to become a backer of our project. We can cancel or decline a contribution. Seismocon is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Seismocon shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation problems. The Terms and Conditions are personal to you, and are not assignable, transferable, or sub licensable by you except with our prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
You may not assign these Terms and Conditions without the prior written consent of Seismocon, but Seismocon may assign or transfer these Terms and Conditions, in whole or in part, without restriction. Seismocon may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Seismocon from complying with the law. Seismocon shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
8. Warranty Disclaimer
We work hard to provide you with great services, but we cannot guarantee everything will always work perfectly. This site is presented as-is, without warranties.
Since we are developing the Seismocon system, using funds from backers in this crowd funding campaign, the reward we provide at the successful completion of the project will be delivered “as is” and “as available” and without warranty of any kind, express or implied.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEISMOCON AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SEISMOCON AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
9. Indemnification and release
If you do something in connection with our name, company, products or services that winds up getting us sued, you have to help defend us.
You agree to release, indemnify on demand and hold Seismocon and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Contribution or Campaign, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. You agree that Seismocon has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Seismocon for the costs of its defense (including, but not limited to attorney’s fees.)
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
10. Limitation of Liability
If something bad happens as a result of using Seismocon, we are not liable (beyond a small amount)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SEISMOCON NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF SEISMOCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) ACCIDENTAL DEATH OR INJURY OF ANY SORT; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEISMOCON 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SEISMOCON IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
11. Dispute Resolution and Governing Law
We are located in Napa, California, and any disputes with us have to be handled in Napa under California law.
We at Seismocon encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Seismocon, shall be filed only in the state or federal courts located in Napa County in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms and Conditions. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Seismocon Systems, Inc., PO Box 3496, Napa CA 94558. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
Fees. If you commence arbitration in accordance with these Terms and Conditions, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE 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. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms and Conditions.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
12. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they are the last word.) Thanks so much for reading them, and for backing Seismocon!
These Terms and the other material referenced in them are the entire agreement between you and Seismocon with respect to the Project. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Seismocon with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Seismocon to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.
In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
QUESTIONS? CONCERNS? SUGGESTIONS? Please contact us at email@example.com to report any violations of these Terms or to pose any questions regarding these Terms and Conditions, or the Project.