I Ally, Inc. Terms and Conditions

 I Ally, Inc. Terms and Conditions Last Updated: October 6, 2020   I Ally Inc., (referred to as “I Ally”), is a two-sided website and web application for family caregivers (“Family Caregiver(s)”) and service providers (“Service Provider(s)”) to provide holistic support services, tools, information, resources, content, materials, and data (collectively “Information”) to assist Family Caregivers with their caregiving needs (the “Services”).   These Terms and Conditions (hereinafter referred to as the “Terms”), describe the specifications on which any registered Family Caregiver, patient, Service Provider, or browser (together referred to as “you”, “your”, or a “Member”) of I Ally may access, register, browse, or use I Ally’s website, https://i-ally.com, or web application available via Apple iOS and/or Google Play (together the “Platform”), and any Information available. Any use of the Platform is conditioned upon your acceptance of all of the policies and notices stated herein.   PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW I ALLY’S PRIVACY POLICY BEFORE USING THIS PLATFORM OR ANY OF ITS SERVICES.   DO NOT USE OUR PLATFORM IF YOU a) DO NOT AGREE TO THESE TERMS; OR b) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY ITS CONTENTS OR SERVICES AVAILABLE BY APPLICABLE LAW.   BY USING OUR PLATFORM OR ENGAGING IN ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES OR THE PLATFORM.   Any new features or tools which are added to the current Platform, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. I Ally reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Platform or Services following the posting of any changes to these Terms constitutes acceptance of those changes.   By visiting, registering, accessing, or otherwise utilizing the Platform, including any of the Services, you agree to be bound by these Terms.     1.              Services Overview   a)         Family Caregiver   A Family Caregiver may create a profile with their basic details and the medical information of their patient(s) whom they provide caregiving services. Medical information for the patient may include, but is not limited to, diagnosis, health conditions, and their caregiving needs. A Family Caregiver may upload any relevant documents on the patient and ask for help to connect with volunteers that can help their patient.   b)         Service Providers   A Service Provider is: i) any professional individual, entity, or business that provides health, wellness, or business services; or ii) any volunteer, contractor, vendor, or community service provider that has accepted a position with I Ally. Service Providers may include, but are not limited to: healthcare professionals, financial advisors, legal counsel, fitness and yoga teachers, and life coaches.   c)         Resources     The Platform includes various resources such as: i) exclusive access to the I Ally group on Backpack Health; ii) mutual aid where any Member can post a “need” or “ask” for help to which a Service Provider or another Member can respond with an offer to volunteer or help; iii) access to a telehealth Service Provider through I Ally’s Health Insurance Probability Act (“HIPPA”) complaint secure third party partnerships; and iv) access to a database of Information and Service Providers.   2.              Registration and Account   In order to create an account as a Member and register for the Platform, you will need to provide your first and last name, and a valid e-mail address. You will then receive an e-mail from I Ally prompting you to validate your account. Once validated, you will be taken to the Platform to create a username and password, and to complete your profile.   You represent and warrant on behalf of yourself and any registered patient, that the information you provide to I Ally upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept up-to-date at all times. I Ally is not responsible for any errors made by you when creating you or any patient’s profile.   You represent and warrant that you are using the Platform for yourself and on behalf of your patient for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. You are responsible for any act or omission of any individual that accesses your account information that would be deemed a violation of these Terms. It shall be your responsibility to notify I Ally immediately if you notice any unauthorized access or use of your account or password, or any other breach of security. I Ally shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.   3.              General Conditions of Use   By agreeing to these Terms and using I Ally’s Platform, you represent that you are at least 18 years of age or older.   You consent to receiving communications from I Ally, including but not limited to, e-mails, text messages, and/or calls regarding updates to its Platform, marketing, advertisement, and any other relevant information.   I Ally reserves the right to refuse access to its Platform to anyone, for any reason, including but not limited to, any breach or violation of these Terms at any time at its own discretion. I Ally reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Member account. In addition, I Ally reserves the right to remove and/or delete any such content available on the Platform that would violate these Terms or which would otherwise be considered offensive to other Members.   You may not use the Platform for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: a) causing harm to minors in any manner whatsoever; or b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. A breach or violation of any of the Terms will result in an immediate termination as a Member.   4.     Disclaimer; Non-Medical Advice   THE INFORMATION PROVIDED ON THE PLATFORM DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE MEDICAL OR PHARMACEUTICAL ADVICE. I ALLY IS NOT A HEALTH CARE PROVIDER NOR A COVERED ENTITY UNDER HIPPA.   THE INFORMATION ON I ALLY’S PLATFORM IS NOT INTENDED TO REPLACE THE ADVICE OF A LICENSED SERVICE PROVIDER OR HEALTH CARE PROFESSIONAL. I ALLY IS NOT LIABLE FOR ANY SERVICES PROVDIED BY ANY THIRD PARTY SERVICE PROVIDER OR HEALTH CARE PROFESSIONAL YOU ARE CONNECTED TO OR HIRE THROUGH THE PLATFORM.     MEMBERS OF THE PLATFORM SHOULD CONTACT THEIR CHOSEN SERVICE PROVIDER OR MEDICAL PROVIDER TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR MEDICAL MATTER. NO MEMBER SHOULD ACT OR REFRAIN FROM ACTING ON BASED ON INFORMATION ON THE PLATFORM WITHOUT FIRST SEEKING MEDICAL ADVICE. ONLY YOUR MEDICAL PROVIDER CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN – AND YOUR INTERPRETATION OF IT – IS APPLICABLE OR APPROPRIATE TO YOU OR YOUR PATIENT’S PARTICULAR SITUATION. USE OF, AND ACCESS TO, THE PLATFORM OR ANY OF THE LINKS OR RESOURCES CONTAINED ON THE PLATFORM DO NOT CREATE A PROFESSIONAL RELATIONSHIP BETWEEN YOU OR THE PATIENT AND I ALLY.   WE TAKE BOTH THE PROTECTION OF YOUR PRIVATE HEALTH INFORMATION AND YOUR AVALIABILITY TO CONTROL AND ACCESS SUCH INFORMATION VERY SERIOUSLY, AND WILL ONLY USE AND DISCLOSE YOUR INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.   VIEWS EXPRESSED AT OR THROUGH THE PLATFORM ARE THOSE OF I ALLY. ALL LIABILITIES WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THE PLATFORM HEREBY ARE EXPRESSLY DISCLAIMED. THE CONTENT ON THIS PLATFORM ARE PROVIDED “AS IS”; NO REPRESENTATIONS ARE MADE THAT CONTENT IS ERROR-FREE.   5.     Cancellation   Members may request to have their I Ally membership canceled at any time.   Any resource that have been purchased directly through the Platform may be canceled and will be refunded within thirty (30) days of purchase. Members will receive written confirmation via e-mail of their cancellation. Should you decide to cancel your membership, you will not incur a cancellation fee. Upon cancellation, you will no longer have access to the Platform or any of the Services offered by I Ally.   6.              Refunds and Disputes   I Ally will evaluate all requests for full and partial refunds at its sole discretion. If you are unhappy with the Platform or resources provided by I Ally, please contact I Ally directly at lucinda@i-ally.com. Should I Ally, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.   I Ally shall not be liable for any payments made between a Service Provider and Member. All payments between any Service Provider and Member shall be made outside of the Platform.   7.              Wireless and Location-Based Features; Social Media Plug-ins   Data Sharing. By using this Platform, you affirmatively consent that I Ally may use and share, your video and image viewing data with third parties until consent is withdrawn. I Ally may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.   Wireless Features. Our Platform may offer certain features that are available to you via your wireless device. These features may include the ability to access our Platform, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Platform for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on our Services to reflect any changes. Location-Based Features. When you use one of our location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. In addition, where the Platform collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in. Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use. Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on our Platform. If you choose to click on one of these buttons or links on our Platform, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Platform, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/platforms you follow, etc.). If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use our Platform. As with other Platforms, you may be able to delete any existing cookies placed on your computer by the social network via your browser. 8.              Termination or Suspension   You agree that I Ally may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to its Platform and the Services at its sole discretion, for any reason, including but not limited to:   a)     Any breach or violation of these Terms or any other incorporated agreement, regulation or guideline;   b)     By way of request from law enforcement or any other governmental agencies;   c)     The discontinuance, alteration, or material modification to the Platform and/or Services, or any part thereof;   d)     Any engagement by you in any fraudulent or illegal activities; and/or   e)     The non-payment of any associated fees that may be owed by you in connection with your account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our Platform or Services.   9.              Accuracy, Completeness, and Timeliness of Information   I Ally shall not be held responsible if information made available on its Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform at your own risk.   I Ally reserves the right to modify the contents of this Platform at any time but has no obligation to update any information on the Platform. You agree that it is your responsibility to monitor our Platform for any changes that may occur. I Ally strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. I Ally reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.   10.           Intellectual Property & Proprietary Rights   As between you and I Ally, I Ally owns, solely and exclusively, all right, title, and interest in and to the Platform, all content, software code, data, the look, feel, design and organization of the Platform, and the compilation of the content, code, data, and materials on the Platform, including but not limited to any intellectual property and/or proprietary rights. I Ally reserves all rights in and to the Platform not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on I Ally’s Platform, in whole or in part.   For clarity, I Ally has granted you a personal, non-transferable, non-exclusive right and license to make use of the Platform as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Platform.   If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Platform and your use of the Services on any Platform, blog, article, or social media Platform (“Your Content”), you hereby grant I Ally a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Platform, including but not limited to advertising, promoting, and marketing the Platform or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.   11.           Disclaimer of Warranties   THE USE OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THIS PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: a) WARRANTY OF MERCHANTABILITY; b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I ALLY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF I ALLY’S SERVICES. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE PLATFORM OR SERVICES, YOUR DEALING WITH ANY OTHER SERVICE PROVIDER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE MATERIALS OR CONTENT OBTAINED THROUGH THE PLATFORM AND ANY ASSOCIATED WEBSITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF THE PLATFORM.   THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.    12.           Limitation of Liability   IN NO EVENT SHALL I ALLY BE LIABLE TO YOU, THE PATIENT, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR I ALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.   In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Platform is for informational purposes only. I Ally makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified medical professional.   The limitation of liability set forth above shall: a) only apply to the extent permitted by law; and b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.   13.           Dispute Resolution   If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.   14.           Class Action Waiver   The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND I ALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.   15.           Notices   I Ally may provide any notice to you under these Terms by: a) sending a message to the e-mail address you provided; or b) by posting directly to the Platform. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Platform.   To give us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.   16.       Terms Applicable For Apple iOS If you are accessing or using our Platform through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference: a)     To the extent that you are accessing our Platform through an Apple Device, you acknowledge that these Terms are entered into between you and I Ally and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below.   b)     The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms  (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable.   c)     You acknowledge that I Ally, and not Apple, is responsible for providing our Platform and any content therein.   d)     You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Platform.   e)     To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Platform.   f)      Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and I Ally, I Ally and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.   g)     Further, you agree that if the Platform or Services, or your possession and use of the Platform, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.   h)     You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.   i)      When using our Platform, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Platform.   17.       Miscellaneous   Third Party Content. The Platform may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. I Ally is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Platform does not imply that I Ally endorses or accepts any responsibility or liability for the Third Party, or vice versa.   Indemnification. By using the Platform or Services, you agree to indemnify, defend, and hold harmless I Ally (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with a) any breach or alleged breach of any representation or warranty by I Ally; b) any unauthorized use of your information; or c) any other actual or alleged unauthorized action by I Ally, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.   Privacy Policy. I Ally respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Platform, which governs the processing of all personal data collected from you in connection with your use of the Platform. You acknowledge and consent to the collection and use of your personal information by I Ally for the purpose of using the Platform.   Governing Law and Jurisdiction. This Platform is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.   Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.   Waiver. The failure by I Ally to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of I Ally.   Force Majeure. I Ally will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.   These Terms and our Platform’s Privacy Policy will be deemed the final and integrated agreement between you and I Ally on the matters contained in these Terms. You may also be subject to additional Terms that may apply when you use or make a purchase on the Platform. You acknowledge and agree that these Terms are binding and shall govern the relationship between I Ally and you in connection to the use of the Platform and the Services as defined herein.   Notice to California Members. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against I Ally arising out of or related to the use of the Platform, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.   If you have any questions, please feel free to contact I Ally directly through our Platform.   E-mail: lucinda@i-ally.com Telephone: (803) 422-7692 Mailing Address:          2812 Carol Road, Union, NJ, 07083

Image alt