Definitions

• Parties:“You” and “your” refer to you, the user of the Services meaning someone who accesses or in all ways uses the Service. “We,” “us,” and “our” refers to Molentis.

  You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. We also cannot control the privacy or security of information you choose to make public or share with others.

• Content:

  1. “Content” means texts, images, photos, and all other forms of data or communication.
  2. “Your Content” means Content that you submit to or send using the Services, such as ratings, reviews, photos, votes, following activity, and information used for your user profile or restaurant page.
  3. “User Content” means Content that users submit to, or send using the Services.
  4. “Molentis Content” means Content that we create and make available in connection with the Services.
  5. “Third Party Content” means Content that originated from third-parties other than Molentis or users and which is available in connection with the Service.

• Account:“Account” means any Business Account or User Account as both terms are defined below

  1. “Business Account” means the account you create to access and use the Molentis Sites and the Services if you are a restaurant owner or representative.
  2. “User Account” means the account you create to access and use the Molentis Sites and the Services if you are a consumer and not a restaurant owner or representative.

REVISIONS TO THE TERMS

We may adjust or change the Terms at any time. You, the user, understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If there are material changes to these Terms, you will be notified by email or through a notification through the Services prior to the effective date of the change. You also understand and agree that your continued access to or use of the Services after the effective date of changes to the Terms represents your acceptance of such changes

USE OF THE SERVICE

To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a competitor of Molentis or if you have been previously been banned from the Services or your Account was closed. We grant you permission to use the Services subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

An Account must be created to use the Services and you must provide selected information about yourself in order to use some of the features that are offered within the Service. You are solely responsible for maintaining the confidentiality of your Account password and responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

Your User Account is for personal, non-business use only, and you may not create or use a User Account for anyone other than yourself. It is required that you provide complete and accurate information about yourself when creating an Account for credibility as a contributor to the Services. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your account to another person without our approval.

COMMUNICATIONS

By accessing or using the Services, you consent to receive communications from other users and Molentis through any emails, text message/SMS, push notifications, and phone calls. These communications may promote the Molentis Sites, the Services, or restaurants listed on the Molentis Sites, and may be initiated by other users, Molentis or the restaurants listed on the Molentis Sites. You can mute certain communications using ‘Notifications’ in settings.

PAYMENT SERVICES

Molentis may offer certain features such as payment services through the Services that allow you to transact with restaurants. In order to use the payment services at a participating restaurant, you must: (1) transact with the restaurant through the Services; (2) provide valid credit card or debit card information through or to the Services; (3) provide and verify your mobile phone number as requested; and (4) have an Account in good standing. You acknowledge and agree that we may share your payment information with restaurants and/or use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

You also acknowledge and agree that Molentis provides the payment services only as a convenience and is not a party to your payment transactions performed using the Services. Molentis is not responsible for, and has no liability for, the products or services that are purchased and paid for through or with the Services. Molentis is not responsible for any overcharges or other payment disputes with restaurants. You must resolve payment and other disputes directly with restaurants.

Molentis is also not liable for any payments that the Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Services, you are solely responsible for paying the applicable restaurant or restaurants by other means.

CONTENT

• Responsibility for Your Content:You alone are responsible for Your Content, and once posted to the Molentis Sites and the Services, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Molentis.

• You may expose yourself to liability if your Content contains any or all material that is false, intentionally misleading, defamatory, violates third-party rights (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual property or proprietary right), unlawful (including but not limited to illegal hate speech or pornography), exploits or otherwise harms minors, violates or advocates the violation of any law or regulation, or violates these Terms.

• Molentis Right To Use Your Content: We may use Your Content in a number of ways, including but not limited to publicly displaying it, reproducing it, distributing it, modifying it, translating it, removing it, analyzing it, reformatting as required, incorporating into advertisements and other works, otherwise commercializing it, or creating derivative works from it for promotion and distribution. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Finally, you irrevocably waive, and cause to be waived, against Molentis and its users any claims and assertions of moral rights or attribution with respect to Your Content.

• Molentis Content: We own Molentis Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, software, user review ratings, and all other elements and components of the Molentis Sites and the Services excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Molentis Content, the Molentis Sites, and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Molentis Content, the Molentis Sites, or the Services in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Molentis Sites, the Services and the Molentis Content are retained by us.

• Advertisements: Molentis may publicly display advertisements, paid content, and other information in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without any notice to you.

• User Content and Third Party Content: User Content and Third Party Content does not necessarily reflect the opinion of Molentis. You agree that we are not responsible for the availability, accuracy, or content of any such User Content or Third Party Content . Your use of and reliance on any User Content or Third Party Content is at your own risk. We reserve the right to remove, screen, edit, or reinstate User Content or Third Party Content at our discretion for any reason or no reason, and without notice.

REPRESENTATIONS AND WARRANTIES

Under no circumstances are we obligated to enforce the Terms on your behalf against another user. At our sole discretion, we have the right to investigate and take appropriate action.

You represent and warrant the following:

(i) you have read and understood our Privacy Policy; and

(ii) you will not, and will not assist, encourage, or enable others, in connection with use of the Services to: (a) violate the Terms; (b) post any fake or defamatory reviews; (c) compensate someone or be compensated to post, refrain from posting, or remove a review; (d) violate any third party’s rights (including but not limited to any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right); (e) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (f) use the Services for commercial purposes, except in connection with a Business Account in accordance with the Terms; (g) solicit personal information from minors, or submit or transmit pornography; (h) violate any applicable law; (i) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Content available through the Molentis Sites or the Services other than Your Content, unless explicitly authorized in writing by Molentis; (j) use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Molentis Sites, the Services or any Molentis Content, User Content, and Third Party Content; (k) reverse engineer any portion of the Molentis Sites or the Services; (l) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Molentis Sites or the Services; (m) access, retrieve or index any part of the Molentis Sites or the Services for purposes of constructing or populating a searchable database of restaurant reviews; (n) reformat or frame any part of the Molentis Sites or the Services; (o) act in any way that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Molentis’ technology infrastructure or otherwise make excessive traffic demands of the Molentis Sites or the Services; (p) attempt to gain unauthorized access to the Services, User Accounts, or Business Accounts, computer systems or networks connected to the Services through hacking, password mining or any other methods; (q) use the Services or Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature; (r) use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; (s) use the Services to violate the security of any computer network, crack passwords or security encryption codes or disrupt or interfere with the security of, or otherwise cause harm to, the Services or Content available through the Services; or (t) remove, circumvent, disable, damage or interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Content available through the Services, or features that enforce limitations on the use of the Services.

BUSINESS ACCOUNT TERMS

If you have a Business Account, you are subject to the following additional Business Account terms in addition to the other provisions in this Agreement:.

• Access to Services: In order to access or use the Services, you agree: (i) that you have the right to act on behalf of the business or businesses associated with your Business Account and therefore, bind such businesses to the Terms (such business or businesses, your “Business”); (ii) that your Business complies with all applicable laws and does not offer or advertise illegal products and/or services for lease or sale; (iii) that we may contact you, including by phone or email, using the contact information you provide, make publicly available, or that we have on record, and that our contacts with you may be monitored and recorded for quality purposes; and (iv) that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are illegal under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You also understand and acknowledge that Molentis allows consumers to post Content about your Business, including photos, ratings, and reviews to the Molentis Sites and through the Services.

• Representations and Warranties: You represent and warrant that you will not, and will not allow or encourage other parties, to: (i) offer incentives (i.e. discounts, freebies, refunds, gift cards, contest entries, offers, or deals) in exchange for other users to post, remove, or prevent reviews of your Business; (ii) solicit or ask for reviews from your customers; (iii) write reviews or vote on Content for your own Business or competitors; (iv) pay or induce any third-parties or bots to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Molentis’ review system; (v) attempt to generate automated, fraudulent, or invalid ad impressions, inquiries, conversions, ad clicks, or other actions; (vi) use any automated means or form of scraping or data extraction to access, query or otherwise collect data, Content and/or reviews from the Molentis Sites unless permitted with written consent by Molentis; (vii) use any Molentis Content, Molentis trademarks, or any other Molentis intellectual property in any manner without Molentis’ prior written consent; or (vii) misrepresent your identity or affiliation to anyone in connection with Molentis.

• Disclaimer and Limitations of Liability: PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MOLENTIS ENTITIES (DEFINED IN SECTION 10 BELOW) TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 11 OF THE TERMS. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Molentis, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay Molentis’ attorneys' fees if you attempt to impose such liability on Molentis through legal proceedings.

FEEDBACK, SUGGESTIONS, AND IMPROVEMENTS

By sending us any ideas, suggestions, or feedback (“Feedback”), you agree to the following: (i) your Feedback does not contain any third party confidential or proprietary information; (ii) we are under no obligation of confidentiality with respect to the Feedback; (iii) we may have something like the Feedback already in development; (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you any part of the Feedback; and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Molentis and its users any claims and assertions of any moral rights contained in such Feedback.

INDEMNITY

You agree to indemnify, defend, and hold harmless Molentis, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Molentis Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys' fees and court costs) arising out of or relating to any of the following: (i) your access to or use of the Services, including Your Content; (ii) your violation of the Terms; (iii) your breach of your representations and warranties provided under these Terms; (iv) all products or services purchased or obtained by you in connection with the Services; (v) your products or services, or the marketing or provision thereof to end users; and (vi) any infringement by you, or any third party using your Account, of any intellectual property or other rights of any person or entity. Molentis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Molentis Entities, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Molentis. Molentis will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MOLENTIS ENTITES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE MOLENTIS SITES, THE SERVICES AND THE CONTENT AVAILABLE ON THE MOLENTIS SITES AND THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MOLENTIS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE MOLENTIS SITES AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE MOLENTIS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE MOLENTIS SITES OR THE SERVICES, THEIR SAFETY OR SECURITY, OR THE CONTENT AVAILABLE ON THE MOLENTIS SITES AND THE SERVICES. ACCORDINGLY, THE MOLENTIS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, OR OTHER LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICES, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS/RESTAURANT LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE MOLENTIS SITES OR THE SERVICES.

THE MOLENTIS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES, RESTAURANTS, OR ADVERTISERS LISTED ON THE SERVICES OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICES, OR THE SERVICES’ USERS. ACCORDINGLY, THE MOLENTIS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, OR OTHER LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS OR RESTAURANT MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES, RESTAURANTS, OR ADVERTISERS LISTED OR FEATURED ON THE SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

THE MOLENTIS ENTITIES‘ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MOLENTIS ENTITIES IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100

THE MOLENTIS ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY MOLENTIS SITES’ BUSINESS OR RESTAURANT PAGES FOR YOUR BUSINESS OR RESTAURANT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

CHOICE OF LAW AND VENUE

California law will govern these Terms, as well as any contractual or non-contractual claim, cause of action or dispute that might arise between you and Molentis (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY THAT IS NOT SUBJECT TO MANDATORY BINDING ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ORANGE COUNTY, CALIFORNIA.

MANDATORY BINDING ARBITRATION

Excepted for excluded Claims as described below, any controversy or Claim arising out of or relating to: (a) these Terms, or the breach thereof or (b) your access to or use of your Account, the Molentis Sites, or the Services, shall be settled through binding and confidential arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules (if you are a consumer) or Commercial Arbitration Rules (if you are a restaurant or business) and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made.

Claims shall be heard by a single arbitrator. Arbitrations will be held in Orange County, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of California.

YOU AND MOLENTIS AGREE THAT EACH PARTY MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND MOLENTIS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.YOU AND MOLENTIS EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

You and Molentis agree that any Claims relating to intellectual property (like copyrights and trademarks) or your violations of Section 7 or Section 8.B of the Terms shall be excluded from this section’s mandatory binding arbitration requirements. These excluded Claims may be brought in court.

TERMINATION OF TERMS

You may terminate the Terms at any time by closing your Account, discontinuing all access to the Molentis Sites and the Services, halting use of the Services, and providing Molentis with a written notice of your termination. We may also, in our sole discretion, close your Account, suspend your access to and ability to use portions of the Molentis Sites, the Services or the Content available therein, terminate any license or permission granted to you, and/or ban you from the Molentis Sites or the Services for any or no reason, and without notice or liability of any kind. You understand that any termination of your Account may involve deletion of any Content stored in your Account for which Molentis will have no liability whatsoever.

GENERAL TERMS

We have the right to modify, update, or discontinue the Molentis Sites and the Services at our option at any time, for any or no reason, and without notice or liability.

The Terms contain the entire agreement between you and Molentis regarding the use of the Molentis Sites and the Services and supersede any prior agreement between you and us. All parties agree that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on Molentis’ part to exercise or enforce any right or provision of the Terms does not permit a waiver of such right or provision. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights. The Terms may not be waived, except pursuant to a writing executed by Molentis.

If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Molentis’ prior written consent, but may be assigned or transferred by Molentis without notice or restriction. Any attempted assignment by you shall violate these Terms and be void effective immediately.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Molentis because of the above Terms or your use of the Services.

The section titles in the Terms are for convenience only and have no legal or contractual effect.