Tavily Website Terms of Use

1. Modification.

We reserve the right, at our discretion, to modify or change these Website Terms at any time. Such modification will be effective five (5) days following posting of the revised Website Terms on the Site, and your continued use of the Site thereafter means that you accept those modifications and changes.

2. Ability to Accept.

The Site is only intended for individuals aged eighteen (18) years or older. If you are under eighteen (18) years please do not visit or use the Site.

3. Site Access.

For such time as these Website Terms are in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable right to access and use the Site solely for your own personal and non-commercial use, and provided that you comply with these Website Terms. Except for the foregoing right, we do not grant you any rights or licenses to any of our or a third party's Intellectual Property Rights (as defined below).

4. Restrictions.

As a condition to your right to access and use the Site, you shall not (and shall not permit or encourage any third party to) perform any of the following: (a) copy or reproduce the Site; (b) sell, assign, lease, lend, rent, distribute, or make available the Site to any third party, or otherwise offer or use the Site in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Site; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Site; (e) circumvent, disable, or otherwise interfere with security-related or technical features or protocols of the Site; (f) make a derivative work of the Site, or use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site; (h) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; (i) use the Site for competitive purposes, and/or on behalf of any person or entity that competes with the activities, services, or products offered by Tavily, including but not limited to utilizing the Site to receive information, data, or insights for the development or enhancement of competing services or products; (j) engage in any activity that may excessively burden or disrupt the functioning of the Site or its supporting systems; (k) impersonate another person or entity or use a deceptive identity to mislead others about who you are or who you are acting on behalf of; (l) use the Site in any manner that is otherwise malicious, illegal or fraudulent; and/or (m) use the Site to infringe, misappropriate or violate any third party's Intellectual Property Rights (as defined below), or any law.

5. Account.

In order to access or use some of the services of the Site, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You hereby agree: (a) to notify Tavily immediately of any breach of security or unauthorized use of your Account; and (b) not to misappropriate the identity of individuals, groups, or organizations or use a fake identity when creating an Account. As between you and Tavily, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Tavily at support@tavily.com.

6. Payments to Tavily.

Your right to access and use the Site is currently for free, but Tavily may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site. In addition, as specified above, the use of our Services might be subject to payment obligations and is governed by the terms and conditions specified under the Service Terms.

7. Linking.

We permit you to link to the Site provided that: (i) you link to (but do not replicate) any page on this Site; (ii) the hyperlink text shall accurately describe the Content (as defined below) as it appears on the Site; (iii) you shall not misrepresent your relationship with Tavily or present any false information about us, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Site does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights (as defined below); and/or (vi) you, and your website, comply with these Website Terms and applicable law.

8. Intellectual Property Rights.

1. Content and Marks. The (i) Site; (ii) content and information on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, links, interactive features, and services (collectively, the "Materials"); (iii) User Submissions, as defined below (together with the Materials, the "Content"); and (iv) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos contained therein ("Marks"), are the sole property of Tavily and/or its licensors and may be protected by Intellectual Property Rights laws. "Tavily", Tavily's logos, and other marks, are Marks of Tavily or its affiliates. All other Marks used or appearing on the Site are the Marks of their respective owners. We reserve all rights not expressly granted in and to the Site. These Website Terms do not transfer any Intellectual Property Rights of Tavily and/or its licensors. Nothing in these Website Terms constitutes a waiver of Tavily's Intellectual Property Rights under any law.
2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. In the event you wish to use, publish, copy, distribute, transmit, broadcast, display or otherwise exploit such Content, please contact us at support@tavily.com in order to receive our written consent.
3. YOU HEREBY COVENANT THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY, INITIATE OR MAINTAIN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING, WHETHER LEGAL OR EQUITABLE, AGAINST TAVILY, ITS AFFILIATES, PREDECESSORS, SUCCESSORS, OR ASSIGNS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, AND YOU WAIVE ALL CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEGING ANY PATENT INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT ARISING OUT OF OR RELATING TO THE SITE.
4. Spam. You agree not to, and will not, use the communication systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

9. User Submissions.

1. Responsibility. The Site may permit the submission of Content (including feedback which may consist of questions, comments, suggestions, or the like, regarding the Site and the Services) by you and other users ("User Submissions"). You understand that we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, or uploading them.
2. Ownership. User Submissions shall be the exclusive property of Tavily (including any Intellectual Property Rights related thereto), and will be assigned and are hereby assigned to Tavily by you and you waive all moral rights and any similar rights related thereto, that you may have in respect to the User Submissions. Without derogating from the above, Tavily will be free to use or change the User Submission in any manner. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) in and to technology and other intellectual property (such as the Content), and includes without limitation patents, copyright and similar authorship rights, personal rights (such as moral rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as: (a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights; (b) all goodwill associated with the foregoing rights; and (c) any improvements or derivative works related to the foregoing.
3. Prohibited Content. You agree that you will not submit, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

10. Information Description.

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Third Party Content.

The Site may present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by us (such Content, "Third Party Content"). The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.

12. Privacy.

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at the privacy policy linked hereto ("Privacy Policy"). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. By registering for an Account or otherwise accessing or using the Site, you consent to the terms and conditions of our Privacy Policy and all actions taken by us in accordance with it.

13. DMCA (Copyright) Policy.

If you believe that any content, materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to us in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; (ii) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (iii) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tavily to locate the material; (iv) your name, address, telephone number, and email address (if available); (v) a statement that you have a good faith belief that 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 notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of copyright infringement claims should be sent by email to: support@tavily.com.

14. Warranty Disclaimers.

1. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
2. THE SITE (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION CONTENT AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR LICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
3. IN ADDITION, NEITHER TAVILY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE AND THE CONTENT; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE AND THE CONTENT WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS
4. TAVILY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
5. The above disclaimers apply to the maximum extent permitted by applicable law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (fully or partially) applying to you (for example, some jurisdictions' applicable laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and Tavily agree that they will not apply to you.

15. Limitation of Liability.

1. IN NO EVENT SHALL TAVILY OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE WEBSITE TERMS, FOR:
   1. ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
   2. ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
   3. ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
   4. THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
2. THE TOTAL AND AGGREGATE LIABILITY OF TAVILY AND ITS AFFILIATES, EMPLOYEES, AND LICENSORS UNDER, OR OTHERWISE IN CONNECTION WITH, THESE WEBSITE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
3. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF TAVILY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THESE WEBSITE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in these Website Terms shall be deemed to exclude or limit liability for death or personal injury resulting from gross negligence, or for fraud or fraudulent misrepresentation.

16. Indemnity.

To the maximum extent permitted by applicable law, you will indemnify and hold Tavily and its affiliates, and its and their officers, employees, and agents harmless against any damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from or in connection with (a) your access to, or use of, or inability to use, the Site, (b) User Submission, and/or (c) your breach or alleged breach of these Website Terms (each, an "Indemnification Claim"). Additionally, you will, at Tavily's sole election, defend Tavily from any Indemnification Claims. If Tavily directs you to defend an Indemnification Claim, then (i) Tavily has the right to approve the counsel you select to defend the Indemnification Claim and (ii) Tavily may also have its own counsel participate in the defense and settlement of the Indemnification Claim at your expense. Tavily may also exclusively retain control of the defense of an Indemnification Claim. You will not settle an Indemnification Claim without Tavily's written consent.

17. Term and Termination; Consequences of Termination and Survival.

1. These Website Terms commence on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the "Term").
2. We reserve the right to immediately terminate these Website Terms, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that Tavily shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance.
3. You may terminate these Website Terms at any time and for any reason. If you object to any term or condition of these Website Terms or any subsequent changes thereto, or become dissatisfied with the Site in any way, your sole remedy is to terminate these Website Terms and to immediately discontinue use of the Site.
4. Upon termination of these Website Terms your right to access and use the Site will automatically terminate and be deemed revoked. Sections 8 (Intellectual Property Rights) through 18 (General) inclusive shall survive any termination of these Website Terms. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

18. General.

1. SMS Messaging, Phone Calls and Emails. Certain portions of the Site may allow us to contact you via telephone, text messages, and emails. You agree that Tavily may contact you via telephone, text messages (including by an automatic telephone dialing system), emails at any of the phone numbers provided by you or on your behalf in connection with your use of the Services and/or Site, including for marketing purposes. You also understand that you may opt out of receiving text messages and emails from us at any time. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
2. Communications. When you visit or submit information on the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to provide you notice under this Agreement by postal mail, we may also choose to provide notice by email (in which case the notice will be deemed given on the day after sending) and/or by posting notices on the Site (in which case the notice will be deemed given when posted on the Site). In addition, you acknowledge and agree that when you click on any "SUBMIT", "I AGREE", "I ACCEPT", "CONTINUE" or similar button, through which you submit information, you are submitting a legally binding electronic signature. Pursuant to any applicable Laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERED BY TAVILY.
3. Export Compliance. The Site may be subject to United States and other jurisdictions' export control and economic sanctions laws and other foreign trade controls. You agree to comply with applicable laws in connection with your performance hereunder, including without limitation, applicable U.S. and foreign export controls, economic sanctions, and other trade controls, and shall not provide access to the Site to any user in an embargoed nation, including without limitation, Cuba, Iran, North Korea, Syria, Crimea Region of Ukraine, Russia, or any other country/region that becomes an embargoed nation.
4. Independent Contractors. You and Tavily are independent contractors. Nothing in these Website Terms creates a partnership, joint venture, agency, or employment relationship between you and Tavily. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Tavily.
5. Assignment. Tavily may assign these Website Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. These Website Terms is personal to you, and you shall not assign (or in any other way transfer) these Website Terms (or any of your obligations or rights hereunder) without Tavily's express prior written consent. Any prohibited assignment shall be null and void.
6. Governing Law and Jurisdiction. These Website Terms (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Website Terms and are hereby disclaimed. Except as set forth in Section 18.7, The competent courts of Manhattan, New York, shall have exclusive jurisdiction with respect to any dispute and action arising under or in relation to these Website Terms, provided that Tavily may seek equitable relief in any court of competent jurisdiction. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Any claims or damages that you may incur hereunder shall only be enforceable against Tavily, and not any other entity (such as Tavily's affiliates) or Tavily's officers, directors, representatives, employees, or agents. Moreover, if you are a consumer (as defined in the applicable law of your jurisdiction), these Website Terms is not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer protection applicable laws of your jurisdiction.
7. Arbitration.
   1. PLEASE READ: THIS SECTION REQUIRES ARBITRATION OF DISPUTES AND LIMITS HOW PARTIES CAN SEEK RELIEF. BOTH PARTIES WAIVE THE RIGHT TO JURY TRIALS AND CLASS ACTIONS.
   2. Negotiations. Before either party may initiate arbitration, the parties agree to attempt to resolve any dispute informally by providing written notice and engaging in good faith negotiations for 30 days. If not resolved, either party may proceed to arbitration.
   3. Arbitration. Except for small claims, disputes relating to intellectual property rights, or Tavily sought for an equitable relief, all disputes arising out of or relating to this Agreement will be resolved by final and binding arbitration, not in court, before a neutral arbitrator. The arbitrator may award any relief available in court. This arbitration provision is governed by the Federal Arbitration Act and applies to the fullest extent permitted by law. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this provision. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. All claims must be brought in an individual capacity, not as a class or representative action. The arbitrator may not consolidate claims or preside over any class or representative proceeding. Any in-person arbitration hearings will be held in Manhattan, New York, unless otherwise agreed. The parties will cooperate to protect confidential information exchanged in arbitration. The arbitrator's decision will be final and binding and may be enforced in any court of competent jurisdiction. Nothing in this section prevents either party from seeking relief from government agencies where permitted by law. Any claim must be filed within one year after it arises, or it is permanently barred, to the extent permitted by law. You may opt out of arbitration within 30 days of first accepting this Agreement by sending written notice to support@tavily.com or to 33 W 60th St, New York, NY 10023. The notice must include your name, address, and a clear statement of your intent to opt out. If you reside outside the United States, you agree that any dispute or claim arising out of or relating to these Terms or your use of the Services will be resolved exclusively through binding arbitration as aforesaid and you expressly waive the right to bring proceedings in any other jurisdiction, except where such waiver is not permitted by applicable law.
   4. Multiple Case Filing Procedures. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five or more similar claims are asserted against Tavily or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Tavily understand and agree that when twenty-five or more similar claims are asserted against Tavily or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Tavily's claim might be delayed.
8. Severability. If any provision of these Website Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of these Website Terms shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
9. Remedies. Except as may be expressly stated otherwise in these Website Terms, no right or remedy conferred upon or reserved by any party under these Website Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Website Terms, at law or in equity, but shall be cumulative of such other rights and remedies.
10. Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Website Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Tavily, the writing must be duly signed by an authorized representative of Tavily), and shall be valid only in the specific instance in which given.
11. Entire Agreement. These Website Terms represent the entire agreement between Tavily and you with respect to the subject matter hereof, and supersede and replace any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and Tavily with respect to such subject matter. You acknowledge and agree that in entering into these Website Terms you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Website Terms; for example, statements and explanations in any FAQs or other marketing material on the Site are for convenience only, and are not binding or a part of these Website Terms.
12. Force Majeure. During the performance of these Website Terms, if all or part of Tavily's obligations hereunder are unable to be performed due to any unforeseeable, unpreventable, or unavoidable objective condition, including but not limited to natural disasters, government acts (including new or modified rates for tariffs and duties), war, warlike situations, hostilities, sanctions, riots, explosion, robbery, strikes, lockouts, pestilence, epidemic diseases, fire, earthquake, flood, etc., Tavily shall be discharged from legal liability for its default of or delay in performing its obligations hereunder due to any such force majeure events.
13. California Residents. If you are a California resident, the following state-specific terms of this sub-section apply to you:
    1. You shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
    2. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@tavily.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Contact Us. If you have any questions (or comments) concerning these Website Terms, you are most welcome to send us an e-mail to the following address: support@tavily.com.