Last update date: December 19, 2024

Please read these terms and conditions, together with any additional user terms contained in this document (collectively, the "Terms"), before using the Services (defined below). These Terms are the rules and requirements that govern your use of the Services and constitute a binding agreement between you and JustSystems America, Inc. If you do not agree to these terms and conditions, you are not permitted to apply for or use the Services. Your continued use of the Services represents your acceptance of these Terms.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES (AS SET FORTH IN SECTION 6 BELOW) YOU HAVE WITH US, AND YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABILITY TO BRING ANY CLAIM AGAINST US IN COURT, TO HAVE ANY DISPUTE REVIEWED BY A JUDGE OR JURY, OR TO BRING ANY CLAIM AGAINST US IN THE FORM OF A CLASS ACTION LAWSUIT. Please refer to Section 6 (Opt-out) for how to opt out of mandatory arbitration.

Welcome to Smile Zemi, which is owned and operated by JustSystems America, Inc. By purchasing a Smile Zemi-dedicated tablet or subscription, registering an Account, or using Smile Zemi, any services provided therein, or any other websites, applications, or online services that link to these terms and conditions (the "Services"), you are deemed to have read and understood these terms and conditions and to have agreed to be bound by these terms and conditions. JustSystems America, Inc. and its parent company and affiliates are collectively referred to as "we," "us," and "our." In addition, both these Terms and the documents relating to individual services or sales, including, but not limited to, the Smile Tablet Care Terms of Use, the Smile Zemi Support Services Terms of Use, the Smile Tablet Hardware Warranty Policy, the Smile Zemi Home Trial Policy, the JustSystems America, Inc. Privacy Policy, the JustSystems America, Inc. Cookie Policy, and the JustSystems America, Inc. Accessibility Statement ("Additional Terms") may apply to your use of the Services or prizes, services, or products offered through the Services. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms shall prevail unless the Additional Terms expressly provide otherwise.

The Services are only offered to individuals who are at least eighteen (18) years of age and are made available for use by such individuals’ children (the “Students”) with the permission of such individuals. By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services. JustSystems America, Inc. sells products for children, but we sell them to adults (18 and over), who can purchase with a credit card or other permitted payment method accepted by JustSystems America, Inc. We reserve the right to refuse service or cancel orders in our sole discretion.

Summary of Important Matters

You will need to read these Terms in their entirety as well as our Privacy Policy, but here is an explanation of some key points.

You shall be deemed to have accepted and agreed to these Terms by registering an Account, purchasing a subscription to the Services, or using the Services. Your access to, review of, and/or use of the Services is conditioned on your acceptance of and compliance with these Terms.

We currently offer the following types of Accounts through the Services:

• (1) Subscriber Accounts; and
• (2) Guardian Members’ Accounts.

Subscriber Accounts and Guardian Members’ Accounts are referred to collectively as "Accounts," and the provisions of these Terms apply to all Accounts. Any differences in the treatment of Subscriber Accounts and Guardian Members’ Accounts will be clarified accordingly in these Terms and the Additional Terms.

Unless you cancel your subscription before its renewal date according to the procedure described in Section 1(C)(iii) (Cancellation of Subscription), you will be deemed to have agreed to automatically renew the subscription for the same subscription period on the day after your previous subscription ends, and we are authorized to charge you the subscription fee.

YOUR USE OF THE SERVICES IS ON AN "AS-IS" BASIS WITHOUT WARRANTY, AND WE SHALL BEAR NO LIABILITY WHATSOEVER, AS SET FORTH BELOW IN SECTION 7 (DISCLAIMER OF REPRESENTATIONS AND WARRANTIES) AND SECTION 8 (LIMITATION OF LIABILITY).

1. Account, Password, and Payment

2. Services Ownership and License

3. Restrictions on Use of the Services and Content

4. Linking to Our Services

5. Governing Law

6. Arbitration and Dispute Resolution

If you and we fail to reach an agreed-upon resolution within 30 days after the Notice Completion Date, you and we agree to resolve the Dispute by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act (the “FAA”). The FAA and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including individualized injunctive and declaratory relief or statutory damages), and must follow these terms of use as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. Any arbitration under these terms of use shall be administered by the American Arbitration Association (“AAA”), and pursuant to the then applicable AAA Consumer Arbitration Rules as modified by this arbitration agreement. You can obtain copies of the AAA Rules at AAA’s website (www.adr.org) or by calling 800-778-7879.

• A. Nature, Limitations and Location of Alternative Dispute Resolution Procedures In arbitration, as with a court, the arbitrator can resolve the submitted Dispute and issue a decision consistent with this Section 6. However, in arbitration, there is no judge or jury, arbitration proceedings and arbitration are subject to certain confidentiality rules, and judicial review of the outcome of the arbitration is limited. All parties to the arbitration will have the right to be represented by an attorney or other advocate of their choosing at their own expense, except as provided by applicable law. As appropriate, the arbitrator may conduct hearings by telephone, by videoconference, based on written submissions, in person in the county where you live, or at another mutually agreed location. If an in-person arbitration hearing is required, it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) in which you reside at the time that the Dispute is submitted to arbitration. You and we will pay the administrative fees and arbitrator's fees and other costs in accordance with the applicable arbitration rules, but we will have the right to elect to pay fees and expenses and proceed to arbitration if applicable arbitration rules or laws require us to pay a greater portion or all such fees and costs in order for this Section 6 to be enforceable. Discovery will be permitted in accordance with the applicable arbitration rules. Lawyers representing anyone in arbitration will certify their compliance with the standards of Fed. R. Civ. P. 11(b) and the arbitrator may impose sanctions for violations of that rule, similar applicable state and federal laws, and the AAA Rules. The decision of the arbitrator must consist of a written statement setting forth the disposition of each claim in the Dispute, and must be provided with a statement of the essential findings and conclusions underlying the decision and award (if any). Judgment on the decision and award (if any) of arbitration may be entered into any court having jurisdiction over the parties. Arbitral rulings will not be binding in proceedings involving other customers.
• B. Small Claims Lawsuits Excluded
  As an exception to binding arbitration, you and we both retain the right to pursue in small claims court any Dispute that is within the jurisdiction of that court and that is proceeding on an individual (non-class) basis. Neither you nor we may demand arbitration with respect to any individual Dispute that you properly file and pursue in a small claims court so long as the Dispute is pending only in that court.
• C. Injunctive Relief
  The foregoing provisions of this Section 6 shall not apply to any legal action taken by either party to seek an injunction or other equitable relief in connection with any intellectual property rights assertion (including, but not limited to, claims relating to patents, copyrights, trademarks, and trade secrets).
• D. Reserved.
• E. No Class Action
  To the fullest extent permitted by applicable law, we agree that any Dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, private attorney general, or representative action, and you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you sell, assign, or transfer any Dispute. Unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. The arbitrator may not award declaratory or injunctive relief, order us to pay any monies, or take any actions with respect to persons other than you, and only to the extent necessary to provide relief warranted by that your individual dispute, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized procedures or relief, then all other aspects of the Dispute must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the Dispute will then be decided by a court.
• F. Opt-out of Arbitration Agreement If you wish to opt-out from the agreement to arbitrate, you should send a written opt-out notice ("Opt-out Notice") by form or by postal mail (JustSystems America, Inc., 21515 Hawthorne Boulevard, Suite 610, Torrance, CA 90503) within 30 days following the date you first agree to these Terms. If sending by post, the Opt-out Notice must be postmarked within 30 days following the date you first agreed to these terms and conditions. To be effective, the Opt-out Notice must include your name, mailing address, telephone number at which you can be reached, email address, any unique identifier JustSystems America, Inc. provided, a statement that you are opting out of this arbitration agreement, and your signature. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate will not affect any prior, other, or future arbitration agreements that you may enter into with us.
• G. Survival of Arbitration Agreement.
  You and we agree that the agreement to arbitrate will survive the termination of these Terms and the termination of any membership or account that you have with us.
• H. Severance of Arbitration Agreement
  Except for subsection (E), if any provision of this Section 6 is found to be unenforceable, that provision should be severed and the other provisions will remain in full force and effect. If a court (after exhaustion of all appeals) declares unenforceable any of the prohibitions in subsection (E) on consolidation or non-individualized procedures or relief, then all other aspects of the Dispute must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the Dispute will then be decided by a court. In addition, notwithstanding anything to the contrary, the remainder of this agreement to arbitrate shall be deemed valid and enforceable even if part of the agreement to arbitrate is deemed invalid or unenforceable. This arbitration agreement is the complete agreement between you and JustSystems America, Inc. regarding the arbitration of disputes. If you do not opt out under Section 6, this arbitration agreement supersedes any prior or contemporaneous oral or written understandings on the subject except for claims covered by a prior arbitration agreement that are part of pending litigation or arbitration. Finally, either party may recover attorneys’ fees and other expenses from the other party if a party files a lawsuit in court, and the non-filing party must file a motion to compel or other papers to enforce this arbitration agreement.

THE ABOVE PROVISIONS ON CHOICE OF LAW AND VENUE DO NOT AFFECT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE, INCLUDING, WHERE APPLICABLE, YOUR RIGHT TO BRING A CLAIM RELATING TO THESE TERMS BEFORE THE COMPETENT COURT OF YOUR PLACE OF HABITUAL RESIDENCE.

Nothing in these Terms shall be construed as us consenting to the jurisdiction of any court with respect to claims unrelated to the use of the Services or these Terms.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

EXCEPT AS JUSTSYSTEMS AMERICA, INC. HAS EXPRESSLY PROVIDED IN ANY OTHER COMPONENTS OF THE AGREEMENT, THE SITES, SERVICES AND ALL OTHER CONTENT ON OUR SERVICES OR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JUSTSYSTEMS AMERICA, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALSO, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES, SITES OR ANY SERVICES REQUESTED THROUGH THE USE OF OUR SERVICES OR SITES, OR THAT OUR SERVICES OR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. JUSTSYSTEMS AMERICA, INC. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF YOU OR ANY OTHER THIRD PARTIES TO UTILIZE THE SERVICES OR SITES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITES, OUR SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION WITH YOUR USE OF OUR SERVICES OR SITES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Your access to and use of the Services shall be done at your sole responsibility.

The Services are provided on an "as-is," "to the extent available," and "with all faults" basis. Therefore, we and our parent company, affiliates, subsidiaries, and their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Company Parties"), to the fullest extent permitted by applicable law, hereby disclaim and assume no responsibility for any express or implied representations, warranties, endorsements, or promises, as to the following:

• the Services (including Content and user-generated content)
• functions, features, or other elements on or made accessible through the Services;
• any product, service, or instructions provided or referenced in or linked through the Services;
• whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that may adversely affect your Internet Device);
• the specific availability, results of use, efficacy, and effect of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and
• whether your use of the Service is lawful in a particular jurisdiction.

ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE BODY OF THE SITE OR OTHER SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES, SUCH GREATER RESTRICTIONS SHALL APPLY. THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

8. Limitation of Liability

• (a) INDIRECT DAMAGES; LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES (DEFINED ABOVE) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF YOU PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES, HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY). WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOAD OF ANY MATERIALS FROM THE SITES. WE ALSO ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR RELATING TO ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD-PARTY WEBPAGES OR ADDITIONAL WEBSITES LINKED TO THE SITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED ON THE SITES OR HARM TO ANY PERSON OR PROPERTY CAUSED BY YOUR USE OF THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AND JUSTSYSTEMS AMERICA, INC. AGREE THAT THE WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES FOR THESE TERMS, AND THAT YOU AND JUSTSYSTEMS AMERICA, INC. TOOK THEM INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN UNDER THESE TERMS AND IN THE DECISION BY YOU AND JUSTSYSTEMS AMERICA, INC. TO ENTER INTO THESE TERMS. YOU AND JUSTSYSTEMS AMERICA, INC. AGREE THAT THE WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
• (b) EXCLUSIVE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE NOT SATISFIED WITH THE SITES OR OUR SERVICES, OR YOU DO NOT AGREE TO THE TERMS OF THESE DISCLAIMERS IS TO DISCONTINUE USING THE SITES OR OUR SERVICES, EXCEPT AS PROVIDED IN THIS SECTION.
• (c) TIMING OF CLAIMS. TO RESOLVE ANY ISSUES BETWEEN YOU AND US PROMPTLY AND DIRECTLY, YOU AND WE AGREE THAT ANY SENDING OF A DISPUTE NOTICE, FILING FOR SMALL CLAIMS, OR FILING FOR INJUNCTIVE RELIEF PERMITTED UNDER SECTION 6 MUST TAKE PLACE NO LATER THAN ONE YEAR AFTER THE EVENT GIVING RISE TO THE DISPUTE, EXCEPT FOR CLAIMS IN CONNECTION WITH ANY INTELLECTUAL PROPERTY RIGHTS ASSERTION (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENTS, COPYRIGHTS, TRADEMARKS, AND TRADE SECRETS).

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, OR OTHERWISE EXCEED THE AVERAGE MONTHLY AMOUNT PAID BY YOU TO US FOR A SMILE-ZEMI SUBSCRIPTION OR $80(WHICHEVER IS LESS).

9. Indemnity

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against any and all loss, expenses, damages, and costs (including reasonable attorneys' fees) arising from (a) your breach or alleged breach of these Terms; (b) your use of the Services or activities in connection with the Services; (c) your user-generated content; (d) your violation of a law, rule, or regulation; or (e) your violation of a third party's rights. The Company Parties have the right to assume, at their own expense, the exclusive defense and control of any matter subject to indemnification by you. In such case, you will fully cooperate fully with the Company Parties in asserting the any available defenses. You will not, in any event, settle any claim without our prior written consent. In the event that any child user you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Company Parties suffer by the child user’s disaffirmance.

10. Copyright Infringement Policy and Reporting Procedure

Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), our designated agent to receive notices of copyright infringement notices is our general counsel, who can be contacted by form or by postal mail at JustSystems America, Inc., 21515 Hawthorne Boulevard, Suite 610, Torrance, CA 90503. If your material appears to have been posted on or distributed through the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) the physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed (the "Complainant"); (ii) identification of the copyrighted work that is alleged to have been infringed; (iii) identification of the material that is alleged to be infringing or that is the subject of the infringing activity and information reasonably sufficient to enable us to locate the material; (iv) information sufficient for us to contact the complainant; (v) a statement that the complaining party (name, address, telephone number, and email address) believes in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed. The DMCA provides that the person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information set forth in the notice from the complaining party to the person who provided the alleged infringing material.

11. Wireless Features

Students may access a portion of the Services through a mobile network, the your network, or a roaming provider network. Standard messaging fees, data fees, and other fees may be charged by the provider to access the Services. A telecommunications carrier with whom you are separately enrolled in a contract may prohibit or restrict the use of part of the Service, and part of the Service may be incompatible with your carrier or wireless internet device.

12. Submission of Feedback

In the event you provide us with any comments, suggestions or feedback regarding your use of the Services (“Feedback”) you hereby grant to JustSystems America, Inc. a royalty-free, non-exclusive, worldwide, fully sublicensable license to exploit such Feedback or any derivative thereof in any manner or media without any remuneration, compensation or credit to you for the term of the protection of the rights so licensed, including to improve the Services and create other products and services. Where permitted by applicable law, the license you grant JustSystems America, Inc. is irrevocable and perpetual.

13. General Provisions

• A. Termination and Suspension We reserve the right to discontinue the Services or to suspend or terminate access, including Accounts and user-generated content submitted by you. at any time, without notice, for any reason, and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms or any Additional Terms, we may suspend or terminate your Account or deny you access to all or part of the Services. You will be responsible for immediate payment of any outstanding charges to your account in the event of termination. Your License to use the Services will terminate immediately upon suspension or termination of your access to the Services or upon notice from us.
• B. Communications. If you communicate with us electronically, such as through a Services communication tool, you shall be deemed to have consented to receive communications from us electronically. We will do our best to respond to your inquiry, but please note that it may take some time. You agree that all agreements, notices, disclosures, and other communications that we provide electronically to you satisfy any legal requirements that such communications be in writing.
• C. International Issues. You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
• D. Severability and Interpretation. If, for any reason, any provision of these Terms, Additional Terms, or any additional provision is deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and that the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, Additional Terms, and any additional provisions will not be construed against us because we drafted them.
• E. Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any additional terms and conditions may not be assigned by you, and you may not delegate your obligations under these Terms.
• F. No Waiver. No waiver by us of these terms and conditions or any additional terms and conditions will have any force or effect unless made in writing and signed by a duly authorized officer of JustSystems America, Inc.
• G. Updates to Terms. To the maximum extent not prohibited by law, we reserve the right to change these Terms, Additional Terms, or additional terms and conditions from time to time at our sole discretion. You agree that any updated terms will become effective immediately upon our notifying you directly (e.g., by notifying you at the email address under which you registered the account); provided, however, that (i) no amendment to Section 6 (Arbitration and Dispute Resolution) shall apply to any Dispute commenced prior to the applicable change, and (ii) no change to provisions related to fees and billing shall apply to fees incurred prior to the applicable change. If you do not cancel your subscription to the Services within seven days after receipt of notification of the updated terms as set forth above, or if you continue to use the Services after receipt of notification of the updated terms, you agree to comply with and be bound by the updated terms.
• H. Contact Us. JustSystems America, Inc. is located in the United States of America. JustSystems America, Inc. is the operator of the entirety of the Services. Questions regarding these Terms and any issues with respect to the Services or your Account should be directed to us via any of the following methods:
  Mailing address: JustSystems America, Inc.
  Attention: JustSystems America, Inc., Legal Department
  Address: 21515 Hawthorne Boulevard, Suite 610, Torrance, CA 90503
  Telephone number: (424) 475-1849.
• I. Filtering: Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (https://www.getnetwise.org) and OnGuard Online (https://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
• J. Cumulative Remedies. All remedies provided for in these Terms are cumulative and in addition to any other rights and remedies available to either party at law, in equity or otherwise.
• K. Headings. The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
• L. Entire Agreement. Except as provided in these Terms or other terms incorporated by reference into these Terms (including the Additional Terms), these Terms supersede all prior and contemporaneous proposals, statements, sales materials, presentations, or agreements, oral and written. No oral or written information or advice given by us, our agents, or our employees will create a warranty or in any way increase the scope of the warranties or obligations under these Terms.
• M. Force Majeure: JustSystems America, Inc. will be excused from performance under these Terms for any period when we were prevented from or delayed in performing any obligations under these Terms, in whole or in part, due to circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic, pandemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunications, network, computer, server or Internet downtime, unauthorized access to JustSystems America, Inc.’s information technology systems by third parties, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
• N. California Disclosure. JustSystems America, Inc. is registered at 21515 Hawthorne Boulevard, Suite 610, Torrance, CA 90503. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.