Terms of Service

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, users accessing the Services from outside the United States do so on their own initiative and are responsible for complying with applicable local laws. Nothing in these Legal Terms excludes or limits consumer or privacy rights that cannot lawfully be excluded.

Our Role and Pool Funds

Sunday Survivor provides software that commissioners and participants use to organize private sports prediction pools. We are not a sportsbook, bookmaker, casino, gambling operator, contest sponsor, commissioner of any user-created pool, escrow agent, or fiduciary. We do not set, collect, hold, transfer, verify, or distribute participant entry fees, buy-ins, pool funds, or prizes; we do not determine results, settle payment or prize disputes, or take a percentage of any entry fee, buy-in, wager, or prize. Commissioners are responsible for operating their pools and for complying with the law that applies to them. Amounts paid to Sunday Survivor are software-license fees for access to the Services and are not stakes, wagers, entry fees, or contributions to a prize.

Lawful Private Pools Only

The Services may be used only for private pools that are lawful in every jurisdiction applicable to the commissioner and each participant. Laws governing sports pools, contests, gambling, wagering, lotteries, and promotions vary by location. Sunday Survivor does not represent that a participant-funded pool, prize pool, or any other particular arrangement is lawful. Any off-platform arrangement involving money or anything else of value is made independently by the commissioner and participants, without our participation or approval. Commissioners are responsible for determining whether their pool is permitted, establishing and enforcing its rules and eligibility requirements, and satisfying any registration, disclosure, tax, age, location, and other legal obligations.

Referral Program

We may offer a referral program under which independent partners (such as content creators) share links to the Services. If you access the Services through such a link and later create an account and make a payment, the referring partner may earn a commission based on the amounts you pay us. Participating in the referral program does not change the price you pay or the Services you receive. Referral partners are independent and are not our agents, employees, or representatives; any statements, endorsements, or promises they make are their own and not made on our behalf, and you should not rely on them as representations by us. We may change, suspend, or discontinue the referral program at any time.

Merchandise Purchases

We sell branded merchandise through the Services ("Shop" items). Each item is made to order upon purchase, so all sales are final. We do not offer refunds or exchanges for ordering the wrong size, changing your mind, or general dissatisfaction with fit or style. If your order arrives damaged, defective, or different from what you ordered, contact us within 30 days of delivery at our support page and we will provide a free replacement or refund at our discretion.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of the intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as our own trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks do not include third-party trademarks displayed in the Services, which are addressed under "Third-party trademarks" below.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Third-party trademarks

Sunday Survivor LLC is not affiliated with, endorsed by, or sponsored by the National Football League, any NFL member club, or any other sports league, team, or organization.

NFL, the NFL shield design, the names and logos of NFL member clubs, and related marks are trademarks of the National Football League and its member clubs. Team names and team logos appear in the Services solely to identify the teams a participant may select, and their appearance does not indicate any affiliation, sponsorship, or endorsement.

Your use of our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: admin@sundaysurvivor.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Product suggestions: If you send us a suggestion or idea for improving the Services (a "Suggestion"), you grant us a nonexclusive, worldwide, royalty-free, perpetual licence to use it to develop and improve the Services, without acknowledgment or compensation to you. You keep ownership of your Suggestion; we do not claim it.

This applies only to genuine product suggestions. It does NOT apply to reviews, ratings, complaints, criticism of the Services, or ordinary support and correspondence, and nothing in these Legal Terms restricts your right to publish an honest review of the Services or to complain to any regulator.

You are responsible for what you post or upload: By posting Contributions through any part of the Services you:

• confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit through the Services any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Contribution;
• warrant that any such Contribution is original to you or that you have the necessary rights and licenses to post it and that you have full authority to grant us the rights described in these Legal Terms in relation to your Contributions; and
• warrant and represent that your Contributions do not constitute confidential information.

You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are at least 18 years old and have reached any greater minimum age required by the laws applicable to you; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you create or administer a pool, you additionally represent and warrant that: (1) the pool is private and is not offered or advertised to the general public; (2) the pool and every off-platform arrangement connected with it are lawful wherever the commissioner and participants are located; (3) you will not use the Services to collect, transmit, hold, escrow, or distribute participant funds or prizes; (4) you will not state or imply that Sunday Survivor sponsors, operates, approves, or guarantees the pool or any prize; and (5) you will promptly remove any participant who is ineligible to take part.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to offer, accept, transmit, settle, or facilitate any unlawful bet or wager, or in connection with unlawful gambling, pool-selling, bookmaking, lottery, contest, sweepstakes, or other gaming activity.
• Use the Services to collect, transmit, hold, escrow, distribute, or settle participant entry fees, buy-ins, wagers, pool funds, or prizes.
• Offer or advertise a pool to the general public, or use the Services to match people who do not already belong to the same private group.
• State or imply that Sunday Survivor sponsors, operates, approves, guarantees, or will resolve any user-created pool, payment arrangement, or prize.

5. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that you have the right to do so and that your Contributions comply with these Legal Terms.

6. CONTRIBUTION LICENSE

You and Sunday Survivor LLC agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services. Our liability in connection with Contributions is governed by the Limitations of Liability section below.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We may investigate, restrict, suspend, or terminate a pool or account that we reasonably believe is being used for unlawful gambling or wagering, to handle participant funds, or otherwise in violation of the lawful-private-pool requirements above. We may request information reasonably necessary to evaluate compliance, but doing so does not make us the sponsor or operator of a user-created pool.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These Legal Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law rules. Subject to the binding-arbitration provision below, any dispute that is not required to be arbitrated must be brought exclusively in the state or federal courts located in Suffolk County, New York, and each party consents to those courts' personal jurisdiction. This provision does not displace any law that cannot lawfully be waived or any criminal, gaming, or regulatory law applicable where a pool or participant is located.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Suffolk County, New York. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of the State of New York.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

Sunday Survivor does not determine whether a user-created pool or any related off-platform arrangement is legal, and does not verify participants' age, location, eligibility, payments, or compliance with a commissioner's rules. Commissioners and participants are solely responsible for those matters and for resolving disputes among themselves. Pool standings, scoring, pick information, and automated results may contain delays or errors and must not be relied upon to transfer money or award anything of value.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Pool Results and Prizes

The Services are administrative tools only. Sunday Survivor does not guarantee the accuracy, availability, timeliness, or completeness of picks, standings, scores, deadlines, statistics, or Pool results. Commissioners are solely responsible for determining the official results of their Pool and for resolving disputes concerning picks, deadlines, scoring, eligibility, standings, and prizes; the commissioner's determination, not anything displayed by the Services, is the official result. Before acting on any standing or result in a way that involves money or anything else of value, you should verify it independently. Sunday Survivor shall not be liable for any entry fee, prize, winnings, expected winnings, or other amount allegedly lost as a result of any error, outage, delay, incorrect score or standing, lost or unrecorded selection, or other malfunction of the Services.

14. LIMITATIONS OF LIABILITY

In this section, "Sunday Survivor Parties" means Sunday Survivor LLC together with its subsidiaries, affiliates, and their respective officers, directors, employees, agents, and partners.

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUNDAY SURVIVOR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PRIZES, POOL FUNDS, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE LEGAL TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SUNDAY SURVIVOR PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE LEGAL TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SUNDAY SURVIVOR DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, demand, investigation, or proceeding, including any governmental or regulatory investigation or enforcement proceeding, and including reasonable attorneys' fees and expenses, whether brought by a third party, a governmental authority, or otherwise, but in each case ONLY TO THE EXTENT caused by: (1) your breach of these Legal Terms; (2) your breach of the representations and warranties you make in these Legal Terms; (3) your unlawful conduct or material misrepresentation; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.

Commissioners. If you create or administer a Pool, the paragraph above also applies to the extent a claim, investigation, or proceeding is caused by your collection, holding, or distribution of any entry fee, dues, or prize in connection with that Pool, or by your operation of that Pool in violation of applicable law. This paragraph applies to Commissioners only. It does not apply to a participant who merely joins or plays in a Pool.

What this section does not cover. You have no obligation to indemnify us to the extent a claim, investigation, or proceeding arises from our own negligence, willful misconduct, or violation of law, and this section does not extend to any fine or penalty that may not lawfully be indemnified. Your obligations under this section are limited to amounts actually attributable to the conduct described above.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although our database keeps a rolling change history that allows recent data to be recovered for a limited period, described in our Privacy Notice, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Our liability for any loss or corruption of that data is governed by the Limitations of Liability section above, and by nothing in this section.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Sunday Survivor LLC

903 Montauk Hwy, Unit C #3342

Copiague, NY 11726

United States

admin@sundaysurvivor.com