PS remember Terms of Service

Terms of Use

The services that PS remember provides to you are subject to the following Terms of Use ("TOU"). PS remember reserves the right to update and change the TOU, in whole or in part at any time without notice and without liability to you. Changes to the TOU will become effective immediately. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the PS remember web page.

By accessing and using the PS remember website you are agreeing to the following TOU. We encourage you to review these TOU, along with the Privacy Policy, as they form a binding agreement between us and you. If you object to anything in the TOU or the Privacy Policy, do not use the PS remember.

Acceptance of terms

By accessing and using the PS remember services you are agreeing and committing to the following TOU in regards to registering and maintaining the security of your account:

1. You will not use PS remember if you are under 18 years old
2. You will not create more than one personal account
3. You will not provide any false information on PS remember, or create an account for anyone other than yourself without permission
4. You will not create a false identity for the purpose of misleading others
5. If we disable your account, you will not create another one without our permission.
6. All information that you provide to us or post on the PS remember website is complete, accurate and up to date.
7. You will keep your contact information accurate and up-to-date.
8. If any of your information changes, you agree to immediately update it
9. We reserve the right to force forfeiture of any username for any reason
10. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, friends list, username, or any account rights.
11. PS remember will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PS remember or another party due to someone else using your account or password.
12. You may not use anyone else's account at any time, without the permission of the account holder.
13. You agree that you will not solicit, collect or use the login credentials of other PS remember users.
14. You will not harvest or otherwise collect information about others, including e-mail addresses
15. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via PS remember services.
16. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via PS remember, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
17. You may not use PS remember for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of PS remember and your Content, including but not limited to, copyright laws.
18. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via PS remember.
19. You are solely responsible for your interaction with other users of PS remember services, whether online or offline. You agree that PS remember is not responsible or liable for the conduct of any user. PS remember reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
20. You must not interfere or disrupt PS remember or servers or networks connected to PS remember, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any PS remember page is rendered or displayed in a user's browser or device.
21. You must not create accounts PS remember through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
22. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any PS Remember users.
23. You agree that you are responsible for all data charges you incur through use of PS remember.
24. Violation of these TOU may, in PS remember 's sole discretion, result in termination of your PS remember account. You understand and agree that PS remember cannot and will not be responsible for the Content posted on PS remember and you use PS remember at your own risk. If you violate the letter or spirit of these TOU, or otherwise create risk or possible legal exposure for PS remember, we can stop providing all or part of PS remembers to you.
25. PS remember reserve the right to modify or terminate the services provided or your access to the PS remember services for any reason without notice, at any time, and without liability to you.
26. If PS remember terminates your access to your account and the services or you deactivate your account, all the materials and data you have posted on your account will be deleted. However, those materials and data may persist within the PS remember services if your content was shared with others or by others and they have not deleted it.

Rights

1. PS remember does not claim ownership of any Content that you post on or through its services. Instead, you hereby grant to PS remember a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through PS remember, subject to PS remember's Privacy Policy. You can choose who can view your Content and activities, including your photos.
2. Some of PS remember is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PS remember may place such advertising and promotions on PS remember or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. You represent and warrant that: (i) you own the Content posted by you on or through PS remember or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through PS remember does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through PS remember; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
5. PS remember contains content owned or licensed by PS remember ("PS remember Content"). PS remember Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and PS remember, PS remember owns and retains all rights in the PS remember Content and the PS remember. You will not remove, alter or conceal any copyright, trademark, PS remember mark or other proprietary rights notices incorporated in or accompanying the PS remember Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PS remember Content.
6. The PS remember name and logo are trademarks of PS remember, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PS remember, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are PS remember marks, trademarks and/or trade dress of PS remember, and may not be copied, imitated or used, in whole or in part, without prior written permission from PS remember.
7. Although it is PS remember's intention for the PS remember services to be available as much as possible, there will be occasions when PS remember may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, PS remember reserves the right to remove any Content from PS remember for any reason, without prior notice. Content removed from PS remember may continue to be stored by PS remember, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, PS remember encourages you to maintain your own backup of your Content. In other words, PS remember is not a backup service and you agree that you will not rely on PS remember for the purposes of Content backup or storage. PS remember will not be liable to you for any modification, suspension, or discontinuation of PS remembers, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
8. You agree that PS remember is not responsible for, and does not endorse, Content posted within PS remember. PS remember does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
9. Except as otherwise described in PS remember's Privacy Policy, as between you and PS remember, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with PS remember is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place PS remember in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of PS remember, and PS remember will not be liable for any use or disclosure of any Content you provide.
10. It is PS remember's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PS remember does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that PS remember is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Monitoring and Enforcement

We try to keep PS remember up, bug free, and safe, but you agree and understand that you are using PS remember at your own risk.

We may, but have not obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates the TOU

We encourage you to report any content that you think may violate the TOU. We may investigate the complaints that come to our attention, but are not obligated to do so.

Indemnification

You agree to defend, indemnify and hold PS remember, our parents, subsidiaries, and other affiliates, as well as their respective owners, directors, officers, shareholders, employees, licensors, agents and contractors (each, an "Indemnified Party") harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the services and site.

Disclaimer of Warranties

PS REMEMBER, INCLUDING, WITHOUT LIMITATION, PS REMEMBER CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PS REMEMBER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PS REMEMBER PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) PS REMEMBER; (B) THE PS REMEMBER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PS REMEMBER OR VIA PS REMEMBER. IN ADDITION, THE PS REMEMBER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE PS REMEMBER PARTIES DO NOT REPRESENT OR WARRANT THAT PS REMEMBER WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT PS REMEMBER OR THE SERVER THAT MAKES PS REMEMBER AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PS REMEMBER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON PS REMEMBER IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF PS REMEMBER IS AT YOUR SOLE RISK AND ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. THE PS REMEMBER PARTIES DO NOT WARRANT THAT YOUR USE OF PS REMEMBER IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PS REMEMBER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING PS REMEMBER YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE PS REMEMBER.

THE PS REMEMBER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

We do not guarantee that PS remember will always be safe, secure, error free or that PS remember will always function without disruptions, delays or imperfections. UNDER NO CIRCUMSTANCES WILL THE PS REMEMBER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) PS REMEMBER; (B) THE PS REMEMBER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF PS REMEMBER; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PS REMEMBER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF PS REMEMBER; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN PS REMEMBER'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PS REMEMBER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF PS REMEMBER). IN NO EVENT WILL THE PS REMEMBER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PS REMEMBER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PS REMEMBER'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PS REMEMBER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PS REMEMBER PARTIES.

BY ACCESSING PS REMEMBER, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

PS REMEMBER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (collectively, "PS remember Parties") FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Links to third party sites

There may be links from PS remember, or from communications you receive from PS remember, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within PS remember. PS remember also includes third-party content that we do not control, maintain or endorse. Functionality on the PS remember may also permit interactions between PS remember and a third-party web site or feature, including applications that connect PS remember or your profile on PS remember with a third-party web site or feature. For example, PS remember may include a feature that enables you to share Content from PS remember or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. PS remember does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that PS remember is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH PS REMEMBER ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect PS remember or your profile on PS remember with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your PS remember profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on PS remember being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if PS remember has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the PS remember Parties harmless for activity related to the Application.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or PS remember's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and PS remember (whether or not such dispute involves a third party) with regard to your relationship with PS remember, including without limitation disputes related to these Terms of Use, your use of PS remember, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and PS remember hereby expressly waive trial by jury.

CONTACT US FIRST

If you intend to pursue or participate in any Dispute in arbitration or small claims court (solely to the extent specifically provided below), you must first notify us of the dispute in writing at least thirty (30) days in advance of initiating arbitration or the small claims court action (if applicable) and attempt to informally negotiate a resolution to the Dispute in good faith. Notice to us should be sent via certified mail. The notice of Dispute must: (a) include your name, address, phone number, and email address (es) used to register with or use the Services; (b) describe the nature and basis of the Dispute; (c) enclose and/or identify all relevant documents and/or information; and (d) set forth the specific relief sought. If PS remember and you do not reach an agreement to resolve the Dispute within thirty (30) days after the notice is received, you may commence with a formal arbitration proceeding. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor PS remember will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if PS remember is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PS remember or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor PS remember can require the other to participate in an arbitration proceeding. To opt out, you must notify PS remember in writing within 30 days of the date that you first became subject to this arbitration provision.

You must include your name and residence address, the email address you use for your PS remember account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with PS remember.

We may make changes to this arbitration provision during the term of our Services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change. By rejecting any future material change, you are agreeing to arbitrate in accordance with the unmodified language of the previous version.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with PS remember must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with PS remember exclusively in a state or federal court located in Wilmington, Delaware and to submit to the personal jurisdiction of the courts located in Wilmington for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. PS remember's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. PS remember reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with PS remember.

Entire Agreement

If you are using PS remember on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and PS remember and governs your use of PS remember, superseding any prior agreements between you and PS remember. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PS remember. Any purported assignment or delegation by you without the appropriate prior written consent of PS remember will be null and void. PS remember may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.