Terms of Service

Introduction

1. These terms of service (“Terms”) provide rules that govern your access to or use by you (“you” or “you’re”) of the website e2b.dev (“Website”), our web app, and other services (collectively “Services”) provided by FOUNDRYLABS, INC., a Delaware corporation (“Company,” “we,” “our,” and “us”). Any breach of these Terms may result in suspension or termination of your access to the Services.
2. By accessing and using the Services and/or the Website, you represent that you are at least 18 years old, you acknowledge and agree that you have read and understood these Terms, and you agree to be bound by these Terms. By using or accessing the Services and/or the Website, you represent and warrant that you have the legal authority and capacity to agree to these Terms as an individual or on behalf of a company. If you do not agree to all of these Terms, do not access or use the Website or use the Services.
3. We reserve the right to change any of these Terms at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms will take effect immediately from the date of publication. We may, but are not obligated to, notify you of any material changes through your user account for the Services (“Account”). You should check these Terms periodically for changes and you can determine when these Terms were last revised by referring to the “Last Updated” reference at the top of these Terms. If you do not agree with a change, cease any and all access and use of the Services and/or the Website.
4. YOU AND WE AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Services

1. We provide secure, scalable, and production-ready cloud runtime for AI agents. Our Services allow users to create cloud environments that AI models can use to execute code and run software in a secure way.
2. We reserve the right to change or discontinue any of the Services from time to time, including changing, upgrading, withdrawing, limiting, expanding or terminating the Services or any features or functionalities of the Services. We will provide you at least 30 days prior notice before discontinuing a material functionality of a Service that we make generally available to customers and that you are using. We will not be obligated to provide such notice under this Section if the discontinuation is necessary to (a) address an emergency, or risk of harm to the Services or us, (b) respond to claims, litigation, or loss of license rights related to third party intellectual property rights, or (c) comply with law, but should any of the preceding occur,we will provide you with as much prior notice as is reasonably practicable under the circumstances.
3. We will automatically deliver updates to the Services on a regular basis, including security patches, feature updates, bug fixes, and performance improvements. We will use commercially reasonable efforts to ensure updates maintain backwards compatibility with existing Customer implementations for twelve (12) months from the date of the update, except where maintaining such compatibility would create security vulnerabilities, require violation of third-party intellectual property rights, or be technically unfeasible. We reserve the right to implement critical updates immediately and without prior notice when necessary to maintain the security, stability, or integrity of the Services.

Account Access, Pricing and Payment

1. To access and use our Services, you must (i) create an account linked to GitHub by providing certain information including email address, login username and password and (ii) select the applicable account and pricing tier (the “Account Creation”). Our pricing information is available at https://e2b.dev/pricing (the “Pricing Page”).
2. Upon setup of a paid tier account, we will charge you for the Services, which will be inclusive of the monthly fee and applicable usage costs, on a monthly basis with the first charge occurring at the end of the first calendar month when the account was setup if you subscribe to the Hobby tier and run out of the free credits granted to you upon account setup; or upon setup of the account of you purchase the Pro tier. We may charge you more frequently for the Services actually provided if we reasonably suspect that your account is fraudulent or at risk of non-payment. You may pay for the Services using one of the payment methods outlined on the Website. All amounts payable by you under this Agreement will be paid to us without setoff, counterclaim, deduction or withholding. We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We will charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on any late payments.
3. All charges for the Services are non-cancellable and non-refundable and are based on the account purchased as set out on the Pricing Page and, unless otherwise noted, not actual usage. You are not entitled to any refund in the event of unused Services, including where we terminate or modify the Services for any reason.
4. If you have registered for and opened an Account, you are entirely responsible for maintaining the confidentiality of your Account information, including your password and other authentication information, and for any and all activity that occurs under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or password, or any other breach of security. However, you will remain responsible for losses incurred by us or by any other party due to your knowingly or inadvertently permitting unauthorized use of your Account or your Account information. You may not use anyone else’s ID, password or account at any time. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Registration for any account is void where the user lacks the requisite eligibility for registration or if such registration is otherwise prohibited.
5. We encourage you review our Privacy Policy, located at https://e2b.dev/privacy.
6. You will access the Services via the Website using the credentials received at Account Creation. The Company will make reasonable efforts to ensure that the Services are available 24/7, except during scheduled maintenance or unforeseen technical issues. The Company will notify you in advance of any planned downtime.
7. The Company will offer technical support through email at support@e2b.dev to assist you with any access issues.

Taxes

All fees, expenses and other amounts payable to the Company under this Agreement are exclusive of any sales, use, value added, excise, or other applicable taxes, tariffs or duties ("Taxes"), payment of which will be your sole responsibility, even if such amounts are not listed on the Pricing Page. You will promptly reimburse the Company for any Taxes that the Company pays on your behalf, unless you provide satisfactory documentation that such Taxes are not applicable to you.

Required Conduct

While using the Website and/or the Services, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in these Terms; any failure to comply may also result in termination of your access to the Website pursuant to the paragraph entitled “Suspension or Termination of Access”.

Prohibited Conduct

While using the Services and/or the Website, you shall not, and shall not permit any user to:

1. Modify, copy, translate, prepare derivative works based on the Services except as expressly permitted by these Terms.
2. Distribute, sell, resell, license, rent, lease or other provide access to the Services or pledge, assign, or otherwise transfer or encumber your rights in the Services, except to the extent explicitly authorized in writing by us.
3. Attempt to gain unfair competitive advantage for the purpose of creating services competitive with the Services.
4. Decompile, disassemble, reverse engineer or otherwise attempt to discover, in whole or in part, the source code, object code, or underlying structure, ideas, or algorithms of the Services or integrated products, other than their open source elements.
5. Remove any copyright or other proprietary markings from any materials and software on the Website or in the Services.
6. Breach, disable, interfere with, or otherwise circumvent any security or authentication measures or any other aspect of the Services; or otherwise overload, flood, spam any part of the Services or interfere or attempt to interfere in any other form with the proper working of the Services.
7. Assess, probe, monitor, scan or test the vulnerability of any part of the Services, the Website or any network connected to the Website, or breach authentication measures on the Website or any network connected thereto.
8. Store or transmit any code which contains any malware, backdoors, viruses, or any other harmful or malicious programs.
9. Develop any third-party applications that interact with the Website or Services without our prior written consent.
10. Use or apply the Website in any manner directly or indirectly competitive with any business of the Company.
11. Attempt to defraud us or any other person.
12. Use or attempt to use any account you are not authorized to use.
13. Use the Services to transmit, store or publish any harassing, obscene, infringing, or illegal materials or information.
14. Engage in any unlawful activity or activity which may infringe the privacy, intellectual property rights, or other rights of third parties.
15. Impersonate or post on behalf of, or express or imply the endorsement of, any individual or entity, including the Company or any of its representatives, or otherwise misrepresent your affiliation with a person or entity.
16. Use the Website or any Service for any purpose that is illegal, fraudulent, deceptive or unauthorized by these Terms, or would give rise to civil liability, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others, or to encourage or promote any such activity.
17. Use the Website in any manner, whether deliberate or otherwise, including without limitation a denial of service attack, that could in any way (a) interfere with, damage, disable, overburden or impair the functioning of the Website, or our systems or networks, or any systems or networks connected to the Website, or (b) violate any requirements, procedures, policies or regulations of such systems or networks.

Immediate Suspension or Termination of Access

1. Notwithstanding any provision to the contrary in these Terms, you agree that we may, in our sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Website or the Services and/or block your future access to the Website or the Services, including without limitation for any of the following reasons:
2. if we determine that you have violated any provision, or the spirit, of these Terms;
3. in response to a request by a law enforcement or other government agency;
4. due to discontinuance or material modification of any of the Website;
5. due to unexpected technical issues or problems;
6. if we determine, in our sole discretion, that your continued use of the Website or our Services: (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems or content of any other Company customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent; or
7. you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
8. We shall not be liable to you or any third party for any termination of your access to any part of the Website or the Services. The rights and obligations in these Terms which by their nature should survive, shall so survive any termination of your use of the Website and the Services.

Termination of Account

1. You may terminate your Account for any reason or no reason by providing us notice via email at support@e2b.dev and closing your account for all Services for which we provide an Account closing mechanism. We may terminate our Services to you for any reason or no reason by providing you at least 30 days advance notice, except for instances where we do not need to provide you with advance notice as specifically stated in these Terms.
2. Upon the termination date, all your access to your Account and the Services will cease and you will remain responsible for all fees and charges you have incurred through the termination date.
3. These Terms will apply to any use of the Services after the termination date, should you be able to gain access to the Services despite termination, and you will pay the applicable fees at the rates provided on our Website.

Information You Submit to or Through our Website

1. In furtherance of the Services, you may submit data and requests into the models through the Services (“Submissions”). By uploading, submitting or otherwise transmitting data, requests or other materials into the models through our Website, you hereby grant (or warrant that the owner of such rights has expressly granted) to Company a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up and royalty-free license to use, make, perform, modify, adapt, transmit and otherwise exploit, or create derivative works of such Submission for the purposes of providing the Services to you and generally operating our business in compliance with these Terms and our Privacy Policy.
2. You are fully responsible for any content or materials which you upload and/or submit to the Services. For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in the prior paragraph, and that such Submission, and your provision thereof to and through the Website, does not violate any privacy, publicity, contractual, intellectual property, or other right or rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You acknowledge that we may have ideas or materials already under consideration or development that are or may be similar to your Submissions and that you are not entitled to any form of compensation or reimbursement from us in connection with your Submissions. You agree to be fully responsible for, and to pay any and all royalties, fees, damages, and any other monies owing any person or entity by reason of any Submission you provide to the Website. We reserve the right to terminate access to all or any part of the Website for anyone we suspect to be an infringer of our or any third party’s intellectual property rights of any kind whatsoever.

Intellectual Property

1. With the exception of open-source elements, we own all rights, title and interest (including intellectual property rights) in and to the Website, the Services, all other information, content, user interfaces, graphics, registered or unregistered trademarks, logos, images, artwork, videos, and documents, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such materials, made available through the Website (“Company IP”). Company IP may not be modified, copied, distributed, framed, reproduced, downloaded, displayed, posted, or sold in any form and/or by any means, in whole or in part, unless permitted by these Terms. We grant you a non-exclusive, non-transferable, revocable, limited license to access and use Company IP for the purpose of using the Website and the Services. This license shall automatically terminate if you breach these Terms or if your Account is deleted.
2. Should you provide any feedback, such as suggestions, comments, recommendations or other inputs about the Website and/or the Services, you hereby grant us a worldwide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any such feedback in connection with the Website and the Services. You agree that providing such feedback does not give you any rights in the Services or the Website even if we proceed to implement such feedback and derive financial benefits from it.
3. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
4. If you believe in good faith that materials available on the Website or the Services infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to us under applicable provisions of the DMCA. Please note that substantial penalties under U.S. copyright law may be levied against any filer of a false counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See 17 U.S.C. § 512(c)(3), available at https://www.copyright.gov/title17/92chap5.html for details.

Notices and counter-notices should be sent to us by email at hello@e2b.dev.

1. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We encourage you to consult your legal advisor before filing a notice or counter-notice.
2. In accordance with the DMCA and other applicable law, Company may at our discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Links and Third-⁠Party Content

From time-to-time, we may, at our discretion, host or provide links to products, services, websites, web pages other content of third parties (“Third-Party Content”). The inclusion or display of any link to, or the hosting of, any Third Party Content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of the Third-Party Content. We make no claims or representations regarding, and accept no responsibility or liability for, Third-Party Content including without limitation its quality, accuracy, nature, ownership or reliability. Your use of Third-Party Content is at your own risk. When you leave the Website to access Third Party Content via a link, you should be aware that our policies, including the Privacy Policy, no longer govern. You should review the applicable terms and policies, including privacy and data gathering policies, of any website to which you navigate from the Website. By accessing Third-Party Content, you agree to be bound to the applicable terms of use and policies.

Warranties and Liability

1. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE WEBSITE, AND ANY OTHER CONTENT, MATERIAL OR SERVICES PROVIDED BY US OR OUR SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR GUARANTEES OF ANY KIND. WE OR OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, AVAILABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SERVICES, AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE OR OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE REMEDIED. WE OR OUR SUPPLIERS MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, AVAILABILITY, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY PART OF THE SERVICES. WE DO NOT GUARANTEE THAT OUR WEBSITE, OR ANY CONTENT ON IT, OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR OPERATE AT ANY PARTICULAR SPEED. WE OR OUR SUPPLIERS MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SERVICES WITHOUT NOTICE. WE OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO FEATURES, FUNCTIONALITY OR CONTENT ON THE WEBSITE OR THE SERVICES AT ANY TIME.
2. Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR ANY LOSSES RESULTING FROM BUSINESS INTERRUPTION, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY OTHER CONTENT, OR MATERIAL O ON THE WEBSITE OR THE SERVICES, EVEN IF WE OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE OR OUR SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR OTHERWISE FOR CLAIMS ARISING FROM CONTENT THAT YOU PROVIDE TO US.
3. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR AND OUR SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WEBSITE AND THESE TERMS, WHETHER IN CONTRACT, TORT OR NEGLIGENCE OR IN ANY OTHER WAY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH LIABILITY AROSE. IF NO FEES ARE PAID, OUR AND OUR SUPPLIERS’ LIABILITY TO YOU IS LIMITED TO $1,000.
4. SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING EXCLUSIONS. IN SUCH CASE THE ABOVE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR SUPPLIERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES FROM AND AGAINST ANY CLAIMS ASSERTED BY A THIRD PARTY, IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIM ARISING FROM: (1) YOUR USE OF THE WEBSITE OR SERVICES; (2) ANY CONTENT YOU UPLOAD TO THE SERVICES (INCLUDING ALL SUBMISSIONS); (3) YOUR CONDUCT IN CONNECTION WITH THE SERVICES OR WEBSITE; (4) YOUR BREACH OF THESE TERMS OR ANY AGREEMENT THAT YOU ENTER INTO WITH US; AND (5) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE OR SERVICES. YOU WILL NOT BE REQUIRED TO INDEMNIFY AND HOLD US OR ANY OTHER INDEMNIFIED PARTY HARMLESS TO THE EXTENT ANY CLAIMS RESULT EXCLUSIVELY FROM OUR OWN NEGLIGENT CONDUCT.
2. Our rights to indemnification are conditioned on us: (1) giving you reasonable notice of the claim, and (2) providing you with reasonable cooperation at your request and expense. We may participate in the claim’s defense at our sole cost and expense. You shall not enter into any settlement that adversely affects our interests without our prior written approval, which is not to be unreasonably withheld. We are not responsible for any settlement which we do not approve in writing. No delay or failure in providing notice or cooperation by us shall relieve you of your indemnification obligations unless such failure materially impairs your ability to defend the relevant claim.

Legal Disputes And Arbitration Agreement

1. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the city of San Francisco before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
2. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.
3. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court in the city of San Francisco for disputes or claims within the scope of that court’s jurisdiction.

General

1. The Terms and the relationship between each user and Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
2. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, 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 the Terms remain in full force and effect.
3. A party may only waive its rights under these Terms by a written document executed by it. Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.
4. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate any of our rights or duties under these Terms.
5. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
6. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party.
7. Our relationship is an independent contractor relationship, and neither these Terms nor any actions by either party may be interpreted as creating an agency or partnership relationship.
8. Nothing in these Terms shall be construed to obligate us to enter into or engage with you on any commercial transaction.
9. If you are provided access to any Services and/or the Website, you acknowledge that these may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products or information about products to certain countries and certain persons. You represent and warrant that you will not export or re-export such Services, content or product related thereto in violation of these regulations.
10. You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to us for which we may not have an adequate remedy in money damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. The availability or exercise of our right to obtain injunctive relief will not limit our right to seek or obtain any other remedy.
11. You agree that we will not be liable for delays, failures, or inadequate performance of the Website and/or the Services resulting from conditions outside of our reasonable control, including but not limited to natural disasters or other acts of God, failure of telecommunications networks or any other network or utility, threatened or actual acts of terrorism or war, riots, labor strikes, or governmental acts or orders.

Notice To New Jersey Consumers

If any of the provisions set forth in these Terms are held unenforceable, void or inapplicable under New Jersey law, then such unenforceable, void or inapplicable provision shall not apply to New Jersey consumers, but the rest of these Terms shall remain binding. Notwithstanding anything to the contrary, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to New Jersey consumers under the Truth-in-Consumer Contract, Warranty and Notice Act.

Notice To California Consumers

Under California Civil Code Section 1789.3, consumers located in California are entitled to the following consumer rights notice: If an individual user has a question or complaint regarding the Services, please send an email to dca@dca.ca.gov. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-⁠1254 or +1 (800) 952-⁠5210.