Terms of Service
Last updated: May 23, 2016
This website is operated by Xpress Success Inc. Throughout the site, the terms “we”, “us” and “our” refer to Xpress Success Inc. Xpress Success Inc. offers this website and other products and services through XpressSuccess.com (the “Service”), including but not limited to all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, which you acknowledge by using the Service.
By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (the “Terms”) and all revisions following your use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Further, you acknowledge and agree that we offer the Service and set our prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in these Terms. You also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Service to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
Any new features or tools which are added to the Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any portion of them at any time without notice. We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
You agree we shall not be liable to you or to any third-party in any way for any modification, price change, suspension or discontinuance of some or all of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy Link.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to suspend your account and/or require that you alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. If you are under 18, you may use the Service only with involvement of a parent or guardian. Xpress Success Inc. reserves the right to terminate accounts, remove or edit content, or refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You acknowledge, consent, and agree that we may access, preserve, retain, and disclose your account information, data, and/or user-generated content (i) as permitted by these Terms; (ii) if we have your consent; (iii) if we are required to do so by law; (iv) or in a good faith belief that such access, preservation, retention, and/or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any user-generated content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Xpress Success Inc., their respective affiliates, users, and the general public. Subject to the foregoing, we will endeavor to use reasonable security measures to maintain the confidentiality of, and to protect against unauthorized access to, your account and data. We cannot, however, guarantee absolute security of your account, data, or user-generated content, or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify us of any unauthorized or suspected unauthorized use of your account or password or any other breach of security, and to accept all risks of unauthorized access to your account, data, or user-generated content, or any other information you provide in connection with your use of the Service.
We are not responsible for any fees charged for international transactions by any payment gateway (Paypal, Shopify, Stripe, etc.)
For more detail, please review our Refund Policy: LINK.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not endorse any third-party content, or the information, material, products, or services associated with such third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. In addition, your contacts or business dealings with, or participation in the promotions of, individuals or merchants found on or linked by any third-party exist solely and operate independently as between you and such individuals or merchants. You therefore agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to, such third-party content.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree to grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Xpress Success Inc. and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Xpress Success Inc. for all claims resulting from content you supply. Xpress Success Inc. has the right but not the obligation to monitor and edit or remove any activity or content for any reason, at its sole discretion. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If a product offered by the Service itself is not as described, your sole remedy is to return it in unused condition in accordance with our Refund Policy LINK. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Xpress Success Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. Xpress Success Inc. DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, Xpress Success Inc.’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Xpress Success Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In no case shall Xpress Success Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. This limitation also applies with respect to damages incurred by reason of other services or goods received through or advertised on the Service or received through any links provided with the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of implied warranties or the limitation of liability for certain damages, in such states or jurisdictions some or all of the above disclaimers may not apply to you and you might have additional rights. In such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
We do not provide product support services or warranty repair or replacement services in connection with the use or performance of products you may purchase from us, including but not limited to electronic, computer, networking or technology products. You should contact the manufacturer directly for product support services or warranty repair and replacement services.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Xpress Success Inc. and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your: (i) breach of these Terms or the documents they incorporate by reference; (ii) your violation of any law or the rights of a third-party; or (iii) your use of the Service. 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 under the Terms, and you agree to cooperate with our defense of these claims.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service.
We also may terminate this agreement at our sole discretion or deny you access to the Service (or any part thereof) at any time without notice and you will remain liable for all amounts due up to and including the date of termination or denial of access if (i) in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms; (ii) upon request by law enforcement or other government agencies; (iii) in connection with discontinuance or material modification to the Service; (iv) in connection with technical or security issues or problems; (v) due to extended periods of inactivity; or (vi) nonpayment of any fees owed by you in connection with the Service.
SECTION 17 - ENTIRE AGREEMENT AND NO WAIVER
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules to which they refer constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – DISPUTES AND GOVERNING LAW
Any dispute or claim relating in any way to your use of the Service, or to any products sold or distributed by Xpress Success Inc. or through XpressSuccess.com or products purchased from Xpress Success Inc. or through XpressSuccess.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and must follow these Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. To the extent necessary, any in-person arbitration will be conducted in Buffalo, NY, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified herein. You and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with Xpress Success Inc. arising out of or relating to your use of the Service and/or the products sold through the Service:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
To begin an arbitration proceeding, you must send a letter to us requesting arbitration and describing your claim, addressed to us care of our registered agent, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Xpress Success Inc.
SECTION 19 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at email@example.com.
SECTION 21 - ELIGIBILITY
The Service is not intended or designed for children under 13 years of age. By using the Service, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
If you are a parent or guardian agreeing to the Terms for the benefit of a child over 13, then you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for your child's use of the Service, including all financial charges and legal liability that such child may incur in connection with the use of the Service.
SECTION 22 – PRIVACY
SECTION 23 – COPYRIGHT
All content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and the phrase “Skylight Global,” are the property of Xpress Success Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service is the exclusive property of Xpress Success Inc. and protected by U.S. and international copyright laws. Except as expressly permitted by applicable law or authorized by Xpress Success Inc. or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any content offered as part of the Service, in whole or in part.
Xpress Success Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us using the “Leave a Message” link on our webpage. We respond quickly to the concerns of rights owners about any alleged infringement. Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
SECTION 24 – TRADEMARKS
The graphics, logos and service names included in or made available through the Service pertaining to “Xpress Success” are trademarks or trade dress of Xpress Success Inc. in the U.S. and other countries. Xpress Success Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Xpress Success Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xpress Success Inc. All other trademarks not owned by Xpress Success Inc. that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xpress Success Inc.
SECTION 25 – RISK OF LOSS
All items purchased from Xpress Success Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Xpress Success Inc. does not take title to returned items until the item arrives at the return address. At our discretion, a refund may be issued without requiring a return. In this situation, Xpress Success Inc. does not take title to the refunded item. For more information about our returns and refunds, please see our Refund Policy. https://xpresssuccess.com/pages/refund-policy
SECTION 26 – MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Service. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Service. Our notice to you via email, regular mail, or notices or links displayed in connection with the Service constitutes acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail.