TERMS OF USE

Date of Last Revision: February 5^th 2021

1. INTRODUCTION

1.1 Introduction: Interesanto.Bk Inc (“Company,” “we,” “us,” “our”) may provide content, services, and products (described below) to you through its website located at www.smokingwho.com (the “Site”) and through mobile applications, downloadable materials, and related services (collectively, such content, services, and products, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE. BY ACCESSING THE SITE AND/OR SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE INCLUDING OUR DISCLAIMER AND PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. If you do not agree to these terms, you may not access or otherwise use the Site or the Company’s Services. Use of this Site and Services is at your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the Site. However, we make no explicit representations or warranties as to the safety or your individual use.

1.2 Modifications to Terms of Use: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, depending on the nature of the change, we may post the changes on this page and indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately. Your use of the Site and Services after the date such changes become effective constitutes your acceptance of the new Terms of Use. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted from time to time.

1.3 Privacy: we respect the privacy of our users. For details please see our Privacy Policy. By using the Site and Services, you consent to our collection and use of personal data as outlined therein.

1.4 Disclaimers: Your acceptance of our Disclaimer is expressly incorporated into these Terms of Use. Please review the Disclaimer for more information.

1.5 Age and United States Use Only: All information and content on this Site is intended for individuals over the age of 18 that reside in the United States. Children under the age of 18 are prohibited from using this Site. We do not envisage offering Services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the Site including any Services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.

2. ACCESS AND USE OF THE SERVICE

2.1 Use Description: The Site and Services are solely for your personal and non-commercial use. For content and/or products available on the Site, as well as for any Services that you purchase, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Services for your personal use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services or other materials for any commercial purpose, or for any public display (commercial or non-commercial). You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Services for any commercial or non-personal use. We may revoke your license at any time in our sole discretion. If we discover that any violation of the Terms of Use has occurred, including violation of the license granted to you, we reserve the right to terminate your access and invoice you for any damages.

2.2 Your Registration Obligations: You may be required to register with the Company in order to access and use certain features of the Site or Services provided. If you choose to register your information for use of the Site or Services, you agree to provide and maintain true, accurate, and current information about yourself as prompted by any registration form. Registration data and certain other information about you is governed by our Privacy Policy.

2.3. Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site or Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Services: We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain your account or content submitted by you for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage: You acknowledge that the Company may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on the Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services: The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

2.7 Site Access: Your access to the Site and Services may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access may also become permanently disabled, such as if we decide to terminate the operation of the Site and Services. We cannot guarantee that you will have continuous access.

3. CONDITIONS OF USE

3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“ User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. You agree to not use the Site and Services to:

• email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

3.2 Fees: To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide the Company information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize us to bill your payment instrument in accordance with the terms of the applicable payment plan. If you dispute any charges you must let us know within forty-five (45) days after the date that the Company charges you. We reserve the right to change our prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on the Company’s net income. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

3.3 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize the Company to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that the Company is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, the Company, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

3.4 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

3.5 Reproduction: Unless otherwise expressly authorized herein or by the Company in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes or otherwise, any portion of the Services, use of the Services, or access to the Services.

3.6 Refund Policy:

Due to the immediate, direct access to all materials, videos and assets, we do not offer refunds of any kind. Additionally, if you sign up for a payment plan, we do not allow for you to cancel the remaining payments for any reason. Please read the details and description of each program and product so you understand exactly what you are buying. Refunds are not offered also because once you purchase a product, the intetion is to direct money to non-profits. For that reason, before purchasing the product (books), you have the chance to read the first part for free, and to read segments of the book(s) in the blog section as well.

It’s like registering for a college course. If you register with the intent to learn, but don’t show up, the school doesn’t give you a refund. Same rules apply here. Please do not buy the book if you just want to “check it out.” An extraordinary amount of time and effort was put into it and we expect you to do the same. The Company’s programs and products are for serious individuals only, and we are firm on our refund policy. We are invested in making sure you have the best experience possible, so please email us with any questions ahead ofp urchasing the product and we will give you an honest answer so you can make the best decision for you.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Site and Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of the Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.

The names and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this Terms of Use or the Services may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Company’s Trademarks will inure to our exclusive benefit.

4.2 Third Party Material: Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Use or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service: With respect to any User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant the Company, its affiliated companies and partners (including but not limited to the Company instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to the Company, its affiliated companies or partners are non-confidential and the Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints: The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim at exactly@smokingwho.com in accordance with the procedure set forth under the Digital Millennium Copyright Act.

4.5 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the information set forth under the Digital Millennium Copyright Act.

4.6 Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.

6. SOCIAL NETWORKING SERVICES

You may be able to enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and our use, storage and disclosure of information related to you and your use of such services within the Company (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, the Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Social Networking Services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. INDEMNITY AND RELEASE

You agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, Service, any User Content, your connection to the Services, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES 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. THE site and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We are not medical, legal, financial or other professions, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this site and Services should be construed as medical, legal, or financial advice.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND 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 SITE AND SERVICES WILL MEET YOUR EXPECTATIONS.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY 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 SITE OR 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 SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the site OR SERVICES, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professions, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this site and Services should be construed as medical, legal, or financial advice.

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 ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

10. BINDING ARBITRATION; CLASS ACTION WAIVER

All disputes, claims, or controversies arising out of or relating to the Terms of Use or the Site or Services that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in NewYork City, New York State before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if the Company changes this ‘Arbitration’ section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THE COMPANY REGARDING ANY ASPECT OF THE SITE AND SERVICES (INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN ANY LAWSUIT, INCLUDING ANY LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

11. TERMINATION

You agree that the Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Services.

12. DISPUTES BETWEEN USERS

You agree that you are solely responsible for your interactions with any other user in connection with the Site and Services and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site and Services.

13. GENERAL

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site or Services.

14. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Site and Services, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. CHOICE OF LAW AND FORUM

These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Kings County, New York State

16. LIMITATION ON TIME TO FILE

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site or Services must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

17. NO WAIVER

The failure of the Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

18. SEVERABILITY

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

19. NO ASSIGNMENT

You may not assign this Terms of Use without the prior written consent of the Company, but the Company may assign or transfer this Terms of Use, in whole or in part, without restriction.

20. QUESTIONS? CONCERNS? SUGGESTIONS?

Email exactly@smokingwho.com