Surro™ Terms of Use

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Effective Date: February 11, 2026​

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Welcome!

Surro SocialTM is an online and mobile journaling and community platform designed to foster connection, journaling, and sharing within the surrogate community. Surro StrongTM is a merchandise and accessories brand for surrogates, with all profits supporting grants to surrogates via our 501(c)(3) charity, Surro Strong Foundation, which helps alleviate unanticipated pregnancyrelated costs.​ These Terms of Use (these “Terms” or this “Agreement”), together with our Privacy Policy, apply to everyone who uses or accesses Surro’s websites (including www.surrosocial.com, www.surrostrong.com, and www.surrostrong.org), software platforms, mobile applications (including Surro SocialTM), content, services, products, and resources made available or enabled via any Site or through any Service (each, a “Service” and collectively, the “Services”). Our websites, platforms, and mobile applications are collectively referred to as our “Sites.”​

If you use or access any of the Services, you agree that you: (i) have read and understood these Terms; (ii) are at least eighteen (18) years old and have the legal authority to accept these Terms; and (iii) agree to be legally bound by these Terms in all respects. If you do not agree to these Terms, you may not access or use the Services.​ In these Terms, “we,” “us,” “our,” “Surro Social,” “Surro Strong,” and “Surro” each refer to Floodgate LLC, a Connecticut limited liability company, doing business as Surro SocialTM, Surro StrongTM, and SurroTM. “You” and “your” refer to the user of any Service and any person or entity acting as the user with respect to the Services. These Terms govern your use of and access to the Services, including the account you create, access, or maintain on Surro SocialTM (your “Account”).​

We may amend these Terms from time to time in our sole discretion. Any amendments will be effective when we post the updated Terms on the Sites or through the Services. Your continued access to or use of the Services (including by creating, accessing, or maintaining an Account) after such posting confirms your consent to be bound by the amended Terms. You should review the Sites regularly to stay informed of the thencurrent Terms.​

Our collection and use of personal information in connection with the Services is described in our Privacy Policy located on (or to be located on) our Sites (our “Privacy Policy”), which is incorporated into these Terms by reference. We take reasonable steps to help protect the security of your personal information, but we cannot guarantee that the Sites or Services are invulnerable to all security breaches or immune from viruses, security threats, or other vulnerabilities. We reserve the right to cooperate with governmental authorities in investigations of improper or unlawful activities, which may require disclosure of your personal information.

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1. General Terms for All Users

You acknowledge that Surro does not and cannot control the behavior of users of the Services. We will use reasonable efforts to help maintain a safe environment and to address violations of these Terms, but we are not responsible if other users fail to comply with these Terms. We are not responsible for the accuracy or completeness of any communications or information accessible through the Services.​ Our Right to Terminate Access. We may, in our sole discretion and without notice, terminate these Terms, any Site, any Service, and/or your Account, or cease offering or deny access to any Site or Service (in whole or in part), at any time and for any reason.​

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2. User Content

The Services may permit you to submit, upload, publish, or otherwise make available on the Sites and/or through the Services textual and/or visual content and information, including profiles, personal information, journal entries, photos, comments, reviews, feedback, and other materials (collectively, “User Content”).​ You control what you choose to include in your User Content, including in your profile, such as your background, surrogacy status, photographs, occupation, marital status, location, and updates. It is your choice whether to include any information, including sensitive information, in your profile, Account, or elsewhere through the Services. You are advised not to post or share personal data that you do not want to be publicly available. If you wish to keep certain journal content private from other users, Surro Social allows you to keep journal entries “Private” using the “Public”/“Private” toggle within the “Journal” section of your Account.​ By voluntarily providing User Content on the Sites or through the Services, you grant Surro Social a worldwide, perpetual, irrevocable, transferable, royaltyfree license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and otherwise exploit such User Content in any manner and in all formats and distribution channels now known or later developed (including in connection with the Services and our business), without further notice to you, without your consent, and without any payment to you or any other person or entity.​
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3. Company Properties and License

The Sites and Services, and all information, content, and materials available on or through them (collectively, the “Company Properties”), are protected by copyright and other laws worldwide. Subject to these Terms, we grant you a limited license to reproduce portions of the Company Properties solely for your personal use of the Services. Unless we provide a separate license, your right to use the Company Properties is subject to these Terms.​

You understand that the Company Properties are evolving. We may require you to accept updates to Company Properties installed on your computer or mobile device. We may update the Company Properties with or without notifying you, and you may need to update thirdpartysoftware from time to time to use the Company Properties.​ Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to download, install, and use a copy of any Surro Social application (the “Application”) on a single mobile device or computer that you own or control, solely for your personal use. For any Application accessed through or downloaded from the Apple App Store (an “App StoreSourced Application”), you may only use the App StoreSourced Application (i) on an Applebranded product that runs Apple’s iOS and (ii) as permitted by the “Usage Rules” in the Apple App Store Terms of Service.​
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Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions:​

You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Company Properties or any portion thereof, including any Site or Service.​

• You may not frame or use framing techniques to enclose any trademark, logo, or other Company Property (including images, text, page layout, or form).​
• You may not use any meta tags or other “hidden text” using our name or trademarks.​
• You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Company Properties (including any Site or Service) except to the limited extent such restrictions are prohibited by applicable law.​
• You may not use any manual or automated software, devices, or other processes (including spiders, robots, scrapers, crawlers, avatars, or data mining tools) to scrape or download data from any web pages in any Site or Service, except that operators of public search engines are granted revocable permission to use spiders to copy materials from the Sites solely to create publicly available searchable indices of the materials, but not caches or archives.​
• You may not access the Company Properties to build a similar or competitive website, application, or service.​
• Except as expressly stated in these Terms, no part of the Company Properties (including any Site or Service) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.​
• You may not remove or destroy any copyright notices or other proprietary markings contained in or on the Company Properties.​ Any future release, update, or other addition to the Company Properties is subject to these Terms. We reserve all rights not expressly granted to you in these Terms. Any unauthorized use of the Company Properties immediately terminates the licenses granted to you.​

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4. Registration and Accounts

• Registration. To access certain features of the Company Properties, you may be required to become a registered user (a “Registered User”) by creating an Account on a Site, including www.surrosocial.com or the Surro SocialTM web based application.​
• Registration Data. In becoming a Registered User, you agree to: (1) provide true, accurate, current, and complete information about yourself as prompted by the registration or onboarding forms (the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are: (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not barred from using the Company Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction.​ You are responsible for all activities that occur under your Account. You must monitor your Account to restrict use by minors and accept full responsibility for any unauthorized use of the Company Properties by minors. You may not share your Account or password with anyone. You agree to (1) notify us immediately of any unauthorized use of your password or Account or any other breach of security and (2) exit from your Account at the end of each session.​ If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Company Properties (in whole or in part). You may not create an Account using a false identity or information or on behalf of anyone other than yourself, and you may not have more than one Account at any time. We reserve the right to remove or reclaim any username at any time and for any reason. You agree not to create an Account or use the Company Properties if you have been previously removed or banned.​
• Necessary Equipment and Software. You must provide all equipment and software necessary to connect to and use the Company Properties (for example, a suitable mobile device where the Services offer a mobile component). You are solely responsible for any fees, including internet or mobile fees, incurred when accessing the Company Properties.

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5. Responsibility for Content and Ownership

• Types of Content. You, and not us, are solely responsible for all User Content that you upload, post, share, transmit, or otherwise make available (“Make Available”) through the Company Properties (“Your Content”). Other users, and not us, are similarly responsible for all User Content they Make Available.​

• No Obligation to PreScreen Content. We have no obligation to prescreen Content (including Your Content or other users’ User Content), although we reserve the right in our sole discretion to prescreen, refuse, or remove any Content. By agreeing to these Terms, you provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including chat, journal, social, and log communications and entries. We may remove any Content that violates these Terms (including the Acceptable Use Policy) or that we otherwise find objectionable.​

• Storage. Unless we expressly agree otherwise in writing, we have no obligation to store any of Your Content that you Make Available on the Company Properties. We are not responsible for the deletion or accuracy of any Content (including Your Content), the failure to store, transmit, or receive Content, or the security, privacy, storage, or transmission of communications involving use of the Company Properties. Some Services may allow you to set access levels for Your Content; however, we may impose reasonable limits on our use and storage of Content, including file size, storage space, processing capacity, and similar limits described on our Sites or otherwise determined in our sole discretion.​

• Ownership. You agree that we own all rights, title, and interest in the Company Properties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Site, Service, or other Company Property. You agree that you have no right or title in or to any Content that appears on or in the Company Properties.​ Our stylized names and related graphics, logos, service marks, and trade names used on or in connection with any Site, Service, or Company Property are our trademarks or property and may not be used without our prior express permission in connection with any thirdparty products or services.​ We do not claim ownership of Your Content. However, when you post or publish Your Content on or in the Company Properties, you represent and warrant that you own or have the rights to grant, and do hereby grant, the license described in “License to Your Content” below.​
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• License to Your Content. You grant us a fully paid, royaltyfree, perpetual, irrevocable, worldwide, nonexclusive, fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, and otherwise exploit Your Content (in whole or in part) and/or incorporate it into other works in any form, media, or technology now known or later developed, for purposes of operating and providing the Company Properties to you and other users. Other users may search for, see, use, and reproduce any of Your Content that you make public on the Company Properties. You warrant that the holder of any intellectual property rights (including moral rights) in Your Content has completely and effectively waived such rights or granted you the right to grant this license. You agree that you, and not the Company, are responsible for all of Your Content that you Make Available.​ By submitting Your Content to any forums, comments, or other areas of the Company Properties, you expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media, or technology now known or later developed.​ You acknowledge and agree that you have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall remain owned by the Company.​ Any Content posted by you in your profile may not contain nudity, violence, sexually explicit content, or other offensive subject matter. You may not post or submit a photograph of another person without that person’s permission.​

• Feedback. If you submit ideas, suggestions, documents, or proposals to us (“Feedback”), you do so at your own risk and we have no obligations (including confidentiality obligations) regarding such Feedback. You represent that you have all rights necessary to submit the Feedback. You hereby grant us a fully paid, royaltyfree, perpetual, irrevocable, worldwide, nonexclusive, fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise exploit any and all Feedback, and to sublicense those rights, in connection with the operation and maintenance of the Company Properties.​
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• Investigations. We may, but are not obligated to, monitor or review the Company Properties and Content at any time. Without limiting the foregoing, we may, in our sole discretion, remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any law or regulation. If we become aware of any possible violations by you of any provision of these Terms, we may investigate and, in our sole discretion, terminate your license to use the Company Properties or change, alter, or remove Your Content, in whole or in part, without prior notice.​

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Interactions with Other Users

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services, although we reserve the right (but have no obligation) to intercede. We will not be responsible for any liability arising from such interactions.​

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The Company Properties may contain User Content provided by other users. We are not responsible for and do not control such User Content and have no obligation to review or monitor it. We do not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.​
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ThirdParty Services Third

Party Websites and Ads. The Company Properties may contain links to thirdparty websites (“ThirdParty Websites”) and advertisements for third parties (collectively, “ThirdParty

Websites & Ads”). When you click on a link to a ThirdParty Website or Ad, you will leave the Company Properties and will be subject to that third party’s terms and conditions (including privacy policies). Such ThirdParty Websites are not under our control, and we are not responsible for any ThirdParty Websites & Ads. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to ThirdParty Websites & Ads or their products or services. You use all links to ThirdParty Websites & Ads at your own risk and should review all applicable terms and policies and perform any investigation you deem necessary before engaging in any transaction with any third party.​ App Stores. You acknowledge that availability of the Application and Services is dependent on the third party from which you received the Application license (for example, the Apple iPhone or Android app stores, each an “App Store”). These Terms are between you and us, not the App Store. We, not the App Store, are solely responsible for the Company Properties, including the Application, its content, maintenance, support services, warranty, and for addressing any related claims (such as product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and pay all associated fees, as well as any fees charged by the App Store. Your license to use the Application is conditioned upon your compliance with all applicable thirdparty terms (for example, App Store terms and policies). The App Store and its subsidiaries are thirdparty beneficiaries of these Terms and may enforce them.​

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8. Text Messaging

Terms of Service If you opt in to receive text messaging or email notifications from any Site (the “Notifications”), you may receive oneoff messages describing how the feature works, alerting you about your message balance, handling error cases, or reminding you to, among other things, create a journal entry. You can cancel Notifications at any time. If you experience issues, you can contact us at support@surrosocial.com. Message and data rates may apply for messages sent to you from us and to us from you, and message frequency may vary.​
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9. Taxes

If any Services, or payments for any Services, under these Terms are subject to sales or use tax in any jurisdiction and you have not remitted the applicable sales or use tax to us, you will be responsible for paying such tax and any related penalties or interest to the relevant taxing authority and will indemnify us for any liability or expense we incur in connection with such taxes. Upon our request, you will provide official receipts or other evidence that you have paid all applicable sales or use taxes. “Sales or Use Tax” means any sales or use tax, and any other tax measured by sales proceeds that we are permitted to pass through to customers and that is the functional equivalent of a sales tax where the applicable jurisdiction does not otherwise impose a sales or use tax.​
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10. Indemnification

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) Your Content; (b) your use of or inability to use the Company Properties; (c) your violation of these Terms; (d) your violation of any rights of another party (including other users); or (e) your violation of any applicable laws, rules, or regulations. We may, at our own cost, assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses. These indemnification obligations survive termination of your Account, these Terms, or your access to the Company Properties.​

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11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.​
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THE COMPANY PARTIES DO NOT WARRANT THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON (INCLUDING YOUR COMPUTER SYSTEM OR OTHER DEVICE) OR ANY OTHER LOSS RESULTING FROM ACCESSING SUCH CONTENT.​ THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING THEIR QUALITY, EFFECTIVENESS, OR REPUTATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.​ YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES, AND WE DO NOT ATTEMPT TO VERIFY THE STATEMENTS OF USERS.​
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12. Limitation of Liability

IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, REGARDLESS OF THE THEORY OF LIABILITY.​ WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES ARE NOT LIABLE FOR DAMAGES RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES.​ UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU EXCEED THE AMOUNT WE RECEIVED FROM YOU FOR YOUR USE OF THE COMPANY PROPERTIES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN THAT SUBSCRIPTION PERIOD, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS (US $50).​ THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING YOUR CONTENT OR USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.​ SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.​

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13. Term and Termination

These Terms commence on the date you first accept them (as described above) and remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with these Terms. If you used the Company Properties before accepting these Terms, you agree that the Terms commenced on the date you first used the Company Properties and remain in effect while you use them.​ We may suspend or terminate any Services provided to you at any time. All terminations for cause will be made in our sole discretion, and we will not be liable to you or any third party for termination of your Account or the Services.​ If you wish to terminate the Services, you may do so at any time by notifying us and closing your Account for all Services that you use. Termination of any Service includes removal of access to that Service and barring further use. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use that Service will immediately cease. Termination may involve deletion of Your Content from our live databases. We will not have any liability to you for any suspension or termination, including deletion of Your Content. Provisions that by their nature should survive termination (including ownership provisions, warranty disclaimers, and limitations of liability) will survive.​
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14. Remedies

If we become aware of any possible violations by you of these Terms, we may investigate such violations. If we believe that criminal activity has occurred, we may refer the matter to, and cooperate with, applicable legal authorities. To the extent permitted by law, we may disclose any information or materials on or in the Company Properties, including Your Content, in our possession in connection with your use of the Company Properties, in order to: (1) comply with applicable laws, legal processes, or governmental requests; (2) enforce these Terms; (3) respond to claims that Your Content violates the rights of third parties; (4) respond to your customer service requests; or (5) protect the rights, property, or personal safety of the Company, its users, the public, or government officials.​ If we determine, in our sole discretion, that you have breached any portion of these Terms or engaged in conduct inappropriate for the Company Properties, we may take any or all of the following actions without prior notice:​

• Warn you via email that you have violated the Terms.
• Delete any of Your Content provided to the Company Properties.
• Discontinue your registration(s) with any Company Properties, including any Services or communities.
• Discontinue your subscription to any Services.
• Notify and/or send Content to, and/or fully cooperate with, law enforcement authorities.
• Pursue any other action we deem appropriate. If your registration with or ability to access the Company Properties is discontinued due to your violation of any portion of the Terms or for other inappropriate conduct, you agree not to attempt
  to reregister or access the Company Properties using a different name or otherwise. If you violate this restriction, we may immediately take any of the actions described above without notice.​ We make no representations that the Company Properties are appropriate or available for use in locations outside the United States. Those who access or use the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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15. General Provisions

• Electronic Communications. Communications between you and the Company use electronic means (for example, when you visit the Company Properties, send us emails, or when we post notices on the Company Properties or communicate with you via email). For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.​
• Release. You hereby release the Company Parties and their successors from claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Company Properties, including interactions with or conduct of other users or thirdparty websites of any kind, in connection with or as a result of these Terms or your use of the Company Properties. If you are a California resident, you waive California Civil Code Section 1542.​
• Assignment. You may not assign, subcontract, delegate, or otherwise transfer these Terms or your rights and obligations hereunder without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer without such consent is null and void. We may freely assign these Terms.​
• Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, civil or military authority, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.​
• Limitations Period. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE COMPANY PROPERTIES, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.​
• Dispute Resolution and Arbitration THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.​ For claims or disputes (excluding claims for injunctive or equitable relief as described below) where the total amount of the award sought is less than US $5,000, the dispute may be resolved through binding, nonappearancebased arbitration, at the option of the party seeking relief, through an alternative dispute resolution provider (“ADR Provider”). The arbitration will be conducted under the rules of the ADR Provider, except where those rules conflict with these Terms. The demanding party will propose an ADR Provider, and the other party will not unreasonably withhold consent. The parties and ADR Provider will comply with the following rules: (1) arbitration will be conducted by telephone, online, and/or solely based on written submissions, as chosen by the party initiating arbitration; (2) all proceedings will be held in English; (3) no personal appearance by parties or witnesses is required unless agreed by the parties; and (4) any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorneys’ fees) and an equal share of the ADR Provider’s fees and costs, subject to the provisions below.​ Any other dispute (including whether claims are arbitrable) will be finally determined by binding and confidential arbitration before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”), under the AAA Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for ConsumerRelated Disputes (collectively, “Rules and Procedures”), as modified by these Terms. Arbitration will be subject to the Federal Arbitration Act, not any state arbitration law.​ YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT (EXCEPT FOR SMALL CLAIMS MATTERS). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT RULES, AND ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS COURT ORDERS AND SUBJECT TO VERY LIMITED REVIEW.​ You and the Company must abide by the following: (i) ANY CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, OR AWARD CLASSWIDE RELIEF; (iii) if you demonstrate that arbitration costs are prohibitive compared to litigation, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent arbitration from being costprohibitive; (iv) we reserve the right, in our sole discretion, to assume responsibility for all arbitration costs; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither party may disclose its existence, content, or results, except as required by law or to enforce the award; (vii) the arbitrator may award any individual relief or remedies permitted by law; and (viii) each side will pay its own attorneys’ fees and expenses unless a statute requires the prevailing party to be paid its fees and costs.​ The arbitral proceedings, pleadings, and written evidence will be in English. Any non English written evidence will be submitted with an English translation and the original or a true copy, with the English version controlling. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions, including any damages calculations, and will not have authority to award damages beyond those allowed by these Terms. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may grant temporary, preliminary, or permanent equitable relief (including injunctions or orders for specific performance) within the scope of these Terms. The arbitration award is final and binding, subject only to limited review as permitted by applicable law.​ Notwithstanding the foregoing, either party may bring an individual action in small claims court. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of patents, copyrights, trademarks, or trade secrets are not subject to this arbitration agreement and must be brought exclusively in the state or federal courts located in San Francisco County, California. Either party may seek emergency equitable relief in those courts to maintain the status quo pending arbitration. Requesting interim measures does not waive the right to arbitrate.​ If any part of the arbitration provision (other than the class/representative waivers in (d)(i) and (ii)) is found invalid, unenforceable, illegal, or conflicting with the Rules and Procedures, the remainder of the arbitration provision will remain in effect. If either (d)(i) or (ii) is found invalid, unenforceable, or illegal, the entire arbitration provision will be null and void and disputes will proceed in court. If, for any reason, a claim proceeds in court rather than arbitration, the dispute shall be brought exclusively in the state or federal courts in San Francisco County, California.​ For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may contact AAA at 8007787879 or visit http://www.adr.org.
• Governing Law. These Terms and any action related to them will be governed by and interpreted under the laws of the State of Connecticut, consistent with the Federal Arbitration Act, without regard to conflictoflaw principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.​
• Choice of Language. It is the express wish of the parties that these Terms and all relateddocuments be drawn up in English.​
• Notice. Where we require that you provide an email address, you are responsible for providing your most current email address. If the last email address you provided is not valid or is otherwise incapable of receiving notices, our dispatch of an email containing such notice will nonetheless constitute effective notice.
• Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.​
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.​
• Entire Agreement. These Terms constitute the final, complete, and exclusive agreement between the parties with respect to their subject matter and supersede all prior or contemporaneous discussions, agreements, or understandings regarding that subject matter.​

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16. Acceptable Use Policy

You may not use, or permit or encourage others to use, the Services for any illegal, harmful, or offensive use, or to transmit, store, display, distribute, or otherwise make available User Content that is illegal, harmful, or offensive. Prohibited uses and content include:​

• Illegal Activities: Activities that violate applicable law, rule, or regulation, including advertising, transmitting, or making available gambling sites or services, or distributing, uploading, downloading, enabling, or promoting child pornography.
• Harmful or Fraudulent Activities: Activities that may be harmful to others or to our operations, business, or reputation, including offering fraudulent goods, services, schemes, or promotions (for example, “makemoneyfast” schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices.
• Infringing Content: Content that may infringe, misappropriate, or violate the rights of any third party, including copyrights, trademarks, or rights of privacy or publicity.
• Offensive Content: Obscene, vulgar, or offensive content; defamatory content; content that harasses, threatens, or abuses other persons or groups; sexual content or nudity involving persons under the age of 18; and content depicting nonconsensual sex acts.
• Harmful Content or Code: Content or technology that may damage, interfere with,
  intercept, or expropriate any data, information, program, or systems, including viruses, malware, Trojan horses, worms, time bombs, corrupted files, or cancelbots.
• Fraud or Impersonation: Impersonating any person or entity (including Company personnel) or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Inappropriate Content: Making available any content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (for example, inside information, proprietary or confidential information learned or disclosed as part of employment or under nondisclosure agreements). You may not use the Services to violate the security or integrity of any network, computer, or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:​
• Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security, access control, or authentication measures.
• Interception: Monitoring data or traffic on a System without permission.
• Falsification of Origin: Forging TCP/IP packet headers, email headers, or any part of a message describing its origin or route (this does not include the use of aliases or anonymous remailers). You may not engage in activities that interfere with or disrupt the functioning of any Services or the servers and networks used to provide the Services, including:​
• Making network connections to any users, hosts, or networks without permission.
• Monitoring or crawling a System in a manner that impairs or disrupts the System.
• Launching denialofservice (DoS) attacks or otherwise overloading a System.
• Interfering with the proper functioning of any System, including by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operating open proxies, open mail relays, or open recursive domain name servers.
• Using physical or electronic means to circumvent any use limitations placed on any System, such as access and storage restrictions. You may not use the Services for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation. You may not market any goods or services for business purposes, nor may you reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of the Services (including your Account) or access to or use of the Services.​

You may not distribute, publish, send, or facilitate the sending of unsolicited commercial or mass email or other messages, promotions, advertising, or solicitations (for example, “spam”), including commercial advertising and informational announcements. You may not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission, and you may not collect replies to messages sent from another internet service provider if those messages violate this Acceptable Use Policy or that provider’s policies.