Website Terms and Conditions
Updated: November 12, 2019
WHEN PLACING AN ORDER, INCLUDING AN ORDER FOR LORMAN ALL-ACCESS PASS OR LORMAN PROFESSIONAL DIRECTORY, YOU WILL NEED TO CONFIRM YOUR AGREEMENT TO THE TERMS OF THE TERMS OF SERVICE IN ORDER TO COMPLETE YOUR ORDER. IF YOU DO NOT SO CONFIRM YOUR AGREEMENT WHEN PLACING AN ORDER, YOUR ORDER WILL NOT BE PROCESSED.
FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY RELATED AGREEMENT INCORPORATED HEREIN) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.
This Site and any of the products or services referenced, advertised or provided by Lorman on or in connection with this Site (the “Products” and “Services” respectively) are being provided to you expressly subject to these Terms and any applicable User Agreement. Lorman makes this Site available subject to these Terms and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you agree that you have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further agree that you have the authority to and do hereby legally bind to these Terms the business entity (“Customer”), if any, which you serve as an agent, independent contractor or employee thereof, without limitation or qualification. These Terms shall take effect immediately on your first access to this Site.
These Terms constitute a contract between you and Lorman governed by the laws of the State of Wisconsin. Lorman reserves the right to modify these Terms at any time without notice, but the most current version of these Terms will always be available to you by clicking on the link at the bottom of this Site. Your use of this Site may be further governed by any agreement (“User Agreement”) entered into between you and Lorman, including the Lorman Training Services Agreement governing your accounts with Lorman, your use of Lorman Products or Services (defined below), and/or your activities on the Site(s). In the event of any inconsistency between the terms of a User Agreement and these Terms, these Terms shall control.
Any information, comments, documents, images or content you enter in or post on this Site, including as a Professional Directory Member (defined below), may be viewed by any other users of this Site, and therefore should not be considered confidential by you. By providing any such content to Lorman, you grant to Lorman an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such content. You further agree that Lorman is free to use any ideas, concepts or know-how that you provide to Lorman. You hereby agree that any comments, feedback or recommendations made by you shall be the sole property of Lorman.
As a user of the Site, subject to your compliance with the terms hereof, you are granted a non-exclusive, non-transferable, limited, revocable license to use this Site solely for your personal use, except to the extent expressly permitted by the applicable User Agreement. You may not, except to the extent expressly permitted by the applicable User Agreement, directly or indirectly reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Site, including any Products or Services, without the prior written consent of Lorman, which consent may be withheld, conditioned or delayed in its sole discretion, except that you may subject to the terms hereof print out a copy of the content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to this Site without the prior written consent of Lorman, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
Any access or attempted access of other areas of Lorman’s computer systems, third-party systems, or restricted portions of this site that Lorman utilizes or other information contained herein or therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to this Site. Lorman reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Certain restricted portions of this Site, and certain Products and Services, are intended to be used only by individuals authorized by Customer in compliance with its User Agreement with Lorman. Such individuals must use the User Name and Password assigned to them and not those of any other person. If you are not authorized by Customer for this purpose, or if you are attempting to use someone else’s login information, you are prohibited from accessing such portions of this Site. By so using this Site, you undertake and agree that: (1) you will be personally liable for any and all expenses, costs or damages incurred by us in investigating or addressing your unauthorized use; and (2) you will be personally bound to the terms of the User Agreement for the entire debts and other commitments of Customer for such unauthorized use, all without any duties or obligations to you on the part of Lorman.
Lorman has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any Products or Services provided by Lorman through this Site, or your right to access or use any portion of this Site, in Lorman’s sole discretion, at any time and without prior notice, for any reason. YOU ACKNOWLEDGE AND AGREE THAT LORMAN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE, SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE. By continuing to access or use the Sites after the date of any change to these Terms, you agree to be bound by the terms contained in the most recent version of these Terms.
Courses, Memberships and Registration
Lorman provides holders of an All-Access Pass access to our library of training seminars, webinars and other courses and related content (“Courses”), or limited access to only certain Courses related to specialized training and continuing education, which may include: (a) course registration; (b) live streaming media (e.g., webcasts and groupcasts) and on-demand streaming media; (c) downloadable Course materials ("Course Materials"); (d) on-line Certification Exams; (e) downloadable publications; and (f) blogs.
Lorman also provides users access to the professional listings of Members of Lorman’s Professional Directory Listing service, which is a subscription-based service provided by Lorman. The Professional Directory is intended for general informational purposes only and should be used only as a resource for addressing common inquiries. The content is not the arrangement or providing of legal services, and accessing such content, or corresponding with or asking questions to a lawyer or other professional via Lorman’s services, does not create an attorney-client relationship between you and Lorman, or you and any lawyer or professional. The content is not a substitute for an in-person consultation with a lawyer or other professional about your specific inquiry. You understand that questions and answers or other postings to Lorman are not confidential and are not subject to attorney-client privilege. Any and all fees incurred for services that may be charged by the professional are as a result of discussions and communications made between you and the professional—not between you and Lorman. You agree that Lorman will not be held responsible for the quality or accuracy of any information or services provided by lawyers or other professionals you connect with via Lorman, this Site or any Products or Services.
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as a user’s location, the content being streamed or downloaded and the speed of a user’s Internet connection. Lorman makes no representation or warranty regarding access to content available through the Services, including the quality of streaming content and the download speed of downloadable content.
The acceptance and fulfillment by Lorman of any order (“Order”) placed on this Site is subject to your acceptance of and compliance with all of these Terms. By ordering Products or Services on this Site, you shall be deemed to have ordered the specified Products and/or Services from Lorman pursuant to these Terms. All other contrary terms and conditions are hereby rejected by Lorman. Lorman shall not be deemed to have accepted your Order unless and until Lorman sends to User, through electronic means or other written communication, an acknowledgment that your Order has been received and accepted by Lorman, and will be fulfilled by Lorman. Lorman’s acceptance of any Order by you is made only with the express understanding that these Terms and any applicable User Agreement shall govern any Order placed by you.
To purchase any Products and/or Services on this Site, you must (a) be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions), [and (b) be a naturalized person residing in one of the 50 states of the United States, Canada or Puerto Rico.] Unless another payment method is agreed to by Lorman, prior to the purchase of any Products or Services on this Site, you must provide a valid credit card number (or other payment method acceptable to Lorman, such as ACH) and related payment information. By submitting that information, you hereby authorize Lorman to charge your credit card or initiate the ACH for such purchases.
All prices for Products and Services on this Site are quoted in U.S. currency, are valid and effective only in the United States, Canada and Puerto Rico, and are subject to change at any time without notice. Product and Service availability is subject to change at any time. Lorman makes no representations or warranties regarding the availability of Products and Services in all areas. Lorman shall have the right to refuse or cancel any Orders for Products and/or Services listed at an incorrect price, or containing any other incorrect information or typographical errors. Lorman shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by Lorman and/or your payment has been processed.
You agree to pay all fees and charges, including taxes incurred in connection with your Orders, at the rates in effect when the charges were incurred. Unless you notify Lorman of any discrepancies in charges for Orders within sixty (60) days, you agree that such charges will be deemed accepted by you for all purposes hereunder. In the event Lorman does not receive payment from your credit card issuer or ACH financial institution, you shall pay all amounts due upon demand by Lorman. If Lorman is unable to collect amounts owed on your accounts, Lorman may refer those accounts to a collection agency, and you will be responsible for all costs of collection.
Intellectual Property and Restrictions on Use
All information and content provided on this Site, whether explicitly marked or not, is the property of Lorman, or others, and are subject to U.S. and international copyright and unfair competition laws. All trademarks, service marks, logos, and emblems (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Lorman or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Lorman or any third party. Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Lorman makes no representation that content, Products or Services on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws. This Site may contain links to websites controlled or offered by third parties (non-affiliates of Lorman). Lorman hereby disclaims liability for any third party’s website content, products, privacy policies, or security. Any advice, opinions or recommendations provided by the linked site providers are those of such providers and not of Lorman.
User Contributions to the Site
There may be opportunities for you to contribute information, content, data or materials to this Site (“Submissions”), which may include uploading information, participating in chats, using our bulletin boards, etc. Please be aware that by submitting any Submissions, including reviews, ratings, photos, videos, questions, comments, suggestions, ideas or the like contained in any Submissions, you grant Lorman and our affiliates, and the affiliated, co-branded and/or linked website partners through or for whom we provide services (collectively, the “Lorman Affiliates”), a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. Lorman is not liable or responsible for any Submissions provided by its users or other third parties to this Site. The contributions of third parties do not necessarily represent the view or opinions of Lorman. Lorman cannot preview Submissions before they appear. You acknowledge that Lorman may choose to provide attribution of your comments or reviews at our discretion, and that such Submissions may be shared with our supplier partners. You expressly waive your rights in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Lorman Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site.
You are fully responsible for your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any products or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this Site. You acknowledge that Lorman may exercise its rights (e.g., use, publish, delete) to any Submissions you submit without notice to you. You agree that you will indemnify Lorman against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any Submissions you have posted.
You must obtain our express prior written consent to make commercial offers of any kind on this Site, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Lorman Products or Services of any kind without our express written permission. We reserve the right to block access to or cancel any Order for any user known or reasonably believed to be in violation of this provision.
Links and Search Results
For the avoidance of doubt, this Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Lorman cannot guarantee that the content contained in any of those sites is accurate, legal and/or inoffensive, or that such sites will not contain viruses or otherwise impact your computer or other access device. By using this Site to search for or link to another site, you agree and understand that you may not make any claim against Lorman for any damages or losses whatsoever resulting from your use of this Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from this Site, please notify us at [email protected] and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
Violation of These Terms
You understand and agree that in Lorman’s sole discretion, and without prior notice, we may terminate your access to this Site, cancel any Orders, Product or Service, or exercise any other remedy available for any breach of these Terms, violation of the rights of Lorman, another user or the law, or a breach of any applicable User Agreement. You agree that monetary damages may not provide a sufficient remedy to Lorman for such violations and you consent to injunctive or other equitable relief for such violations. Lorman may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Lorman is not required to provide any refund to you if you are terminated as a User because you have violated any of these Terms.
You agree to defend, indemnify, save and hold harmless Lorman and Lorman Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any Products or Services you may have obtained on any of our Sites.
THIS SITE AND ANY INFORMATION CONTAINED IN THIS SITE DO NOT CONSTITUTE LEGAL ADVICE, AND MUST NOT BE RELIED UPON AS SUCH.YOU USE THIS SITE AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE AT YOUR OWN RISK. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE, INCLUDING BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON THIS SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL LORMAN OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF LORMAN OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LORMAN IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, Lorman and Lorman Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or Products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site. Lorman has no obligation to update any information or content on this Site. Accordingly, Lorman, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on this Site. Any use of the information or content provided on this Site is done at your own risk. Although information and Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Lorman or its employees, affiliates, agents and representatives. You alone bear the responsibility of evaluating any information or Content available on the Sites. In exchange for using such information or content, you hereby agree to release Lorman from any claim and to not hold Lorman liable for any possible claim for damages arising from any decision you may make based on information or content available on the Sites.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Lorman, the Lorman Affiliates and/or their respective suppliers. If, notwithstanding the limitations of liability above, Lorman or any of the Lorman Affiliates are found liable for any loss or damage which arises out of or is in any way connected with any Products or Services or operation of this Site, then the liability of Lorman and the Lorman Affiliates will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Lorman in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) (or the equivalent in local currency).
You shall be responsible for any tax or other governmental charge related to the sale, use or delivery of the Products or Services, including, but not limited to, sales tax, use tax, retailer’s occupational tax, and value added tax. For those states for which Lorman collects and remits sales tax on purchases, the tax calculated will be reflected on the checkout page before you are asked to confirm the purchase. Lorman does not guarantee the accuracy of the amount of the tax Lorman represents to you as the tax owed. Even if Lorman undercollects any tax, you are still liable for payment of the full amount of the applicable taxes. In consideration of Lorman allowing you access to and use of this Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Lorman, its officers, directors, employees, agents and representatives (and those of its affiliates), for any harm or other damages you may incur as a result of Lorman’s error in calculating the taxes on your purchases.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at:
Lorman Business Center, LLC
2510 Alpine Road
Eau Claire, WI 54703
Attn: Director of Customer Service
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd.
Sacramento, CA 95834
(916) 445-1254 or (800) 952-5210
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
Lorman controls its Sites (excluding linked sites) from the United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Wisconsin, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site, and that if you use this Site from any other location you are responsible for compliance with all applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction located in Madison, Wisconsin, and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using this Site, you agree that Lorman, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
By using this Site, you further agree that you will not use this Site or any materials available hereon for any unlawful activity, or use it in any way that would violate any of these Terms. When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.