TERMS OF THE SERVICE
Last updated and effective as of: October 18, 2022
IMPORTANT! THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH RUCKUP LOGISTICS INC., A DELAWARE CORPORATION, AND ITS SUCCESSORS AND ASSIGNS (COLLECTIVELY, “OPERATOR”) MAKES ITS SERVICES AVAILABLE TO YOU, AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OPERATOR. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE (I) ACCESSING OR USING THE WEBSITE LOCATED AT WWW.TIMEMATTERS.IO, OR ANY SUB-DOMAIN OR FUTURE REPLACEMENT DOMAIN (THE “WEBSITE”), (II) DOWNLOADING, INSTALLING, ACCESSING, AND/OR USING OPERATOR’S TIME MATTERS SOFTWARE APPLICATION (THE “APP”), REGARDLESS OF WHETHER THE APP IS DOWNLOADED, INSTALLED, ACCESSED, AND/OR USED, FROM AN APP STORE, OPERATOR’S WEBSITE, A THIRD PARTY SYSTEM VIA AN APPLICATION PROGRAM INTERFACE, OR OTHERWISE, AND/OR (III) PURCHASING OPERATOR’S DELIVERY SERVICES (THE “SERVICES”), REGARDLESS OF WHETHER THE SERVICES ARE PURCHASED FROM THE APP, OPERATOR’S WEBSITE, A THIRD PARTY SYSTEM VIA AN APPLICATION PROGRAM INTERFACE, OR OTHERWISE. THE WEBSITE, THE APP, AND THE SERVICES ARE COLLECTIVELY HEREINAFTER REFERRED TO AS THE “PLATFORM”. BY REGISTERING WITH OPERATOR, WHETHER THROUGH THE WEBSITE OR THE APP, OR DOWNLOADING, INSTALLING, AND OR USING THE APP, OR ACCESSING AND/OR USING THE WEBSITE, OR PURCHASING THE SERVICES, WHETHER FROM THE WEBSITE, THE APP, OR A THIRD PARTY SYSTEM VIA AN APPLICATION PROGRAM INTERFACE, OR OTHERWISE, YOU ARE INDICATING YOUR ACCEPTENCE OF THESE TERMS OF USE AND YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF YOU ARE ACCESSING AND/OR USING THE PLATFORM, AND/OR PURCHASING SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT SUCH EMPLOYER OR OTHER ENTITY HAS THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT AND THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF AND LEGALLY BIND SUCH EMPLOYER OR OTHER ENTITY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR OTHER LEGAL ENTITY, YOU MAY NOT USE OR ACCESS THE PLATFORM OR PURCHASE THE SERVICES.
Operator may modify these Terms of Use and/or any of its policies relating to the Platform at any time, effective upon posting of an updated version of these Terms of Use on Operator’s Website and on the App. The date of the last revision of these Terms of Use is set forth above at the top of this page. You should check periodically for updates. Any new features or tools which are added to the current Platform shall also be subject to these Terms of Use. Your continued use of the Platform after changes have been posted to these Terms of Use will constitute acceptance of all such changes.
THESE TERMS OF USE CONTAIN LIMITATIONS ON OPERATOR’S LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN LITTLETON, ARAPAHOE COUNTY, COLORADO.
These Terms of Use apply to all users of the Platform including, without limitation, users who are browsers, vendors, customers, merchants, and/or purchasers of Services. Operator offers you access to the Platform solely for your use in learning about Operator’s Platform and purchasing Services, and you agree to access the Platform only for purposes permitted by these Terms of Use.
Information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Operator to any registration requirement within such jurisdiction or country. Persons who choose to access the Platform from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Representations and Warranties by You
You represent and warrant that you are legally competent to enter into these Terms of Use and that your use of the Platform does not and will not violate any applicable laws or regulations. You further represent and warrant that you are using the Platform solely to learn about the Platform and/or to purchase Services. You understand and acknowledge that the Platform is owned, operated and maintained by Operator for the benefit of Operator. You further understand and agree that you may be able to link from the Platform to websites, web pages or other computer networks or systems owned or operated by, or on behalf of, parties other than Operator. If you are able to link to such other websites, web pages, or other computer networks or systems you understand and agree that any products, services, or information available at such other websites, web pages, or other computer networks or systems and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites, pages, or other computer networks or systems, and not by Operator. Operator is not responsible or liable for the content of any linked websites, web pages, or other computer networks or systems, nor the accuracy of any information provided therein. Operator does not make any representations or warranties with respect to such third party websites, web pages, or other computer networks or systems, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You acknowledge that if you access third party websites, web pages, or other computer networks or systems from the Platform, you do so at your own risk. You understand that hyperlinks to third party websites do not imply that Operator endorses the content on, or the business of, the hyperlinked websites, web pages, or other computer networks or systems. You understand that you are solely responsible for determining the integrity and reliability of the information on the Platform as well as any information found on third party websites, web pages, or other computer networks or systems, linked to the Platform. You agree that Operator shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites, web pages, or other computer networks or systems.
2. Use of Platform Materials
You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Platform (“Platform Materials”), constitute the copyrighted or copyrightable and proprietary property of Operator or third parties. You may only use the Platform Materials solely for your private use to view the content as it appears on the Platform, and to purchase Services, and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Platform Materials, nor will you assist others in doing so.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Operator in the United States and other countries and may not be used by you or anyone for any purpose without Operator’s prior express written consent.
3. Your Use of the Platform
Operator reserves the right, without notice and in its sole discretion, to terminate your access and use of the Platform, and to block or prevent future access to and use of the Platform. You do not have the right to, and agree that you will not:
a. publish, publicly perform or display, make derivative uses of, or distribute to any third party the Platform (or any portion thereof) or any Platform Materials, including reproduction on any computer network or broadcast or publications media;
b. market, sell or make commercial use of the Platform or any Platform Materials;
c. systematically collect and use any data or content including through the use of any spiders, scrapers, robots, automated processes, or similar data gathering, mining or extraction methods;
d. interfere with the proper working of the Platform ; or
e. use, frame or utilize framing techniques to enclose any portion of the Platform (including the images found at the Platform or any text or the layout/design of any page or form contained on a page).
You will use your best efforts to cooperate with Operator on reasonable terms and conditions in the event Operator deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Platform Materials by a third party, which use may have resulted from your access to the Platform.
4. Registration and User Information
In order to purchase the Services from the Platform, you will be required to complete a registration process and obtain a user account. When using the Platform or purchasing Services, you may be required to provide information that includes your name, address, e-mail address, phone number and/or other information (“User Information”). You must provide complete and accurate information during the registration process and you have an ongoing obligation to update this information if and when it changes.
You may also be asked to provide or create a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify Operator immediately of any unauthorized use of your account, username, or password.
Operator shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any purchase of Services and/or losses incurred by Operator and/or its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password. To the fullest extent permitted by law, Operator reserves the right to terminate your registration or to refuse services or products to you, without prior notice to you, at any time and for any or no reason. User Information collected by Operator is governed by Operator’s Privacy Policy located at ______INSERT URL LINK HERE_______.
5. Orders for Services and Payment
Theses Terms of Use are in addition to any terms and conditions between you and any supplier (“Supplier”) that you purchase items (“Product(s)”) from notwithstanding that Operator provides the Services to deliver such Products to you. You agree that any order for Services you place through the Platform (each, an “Order”) is only an offer to buy the Services listed in your Order. Operator must accept all Orders before Operator is obligated to sell the Services. ALL ORDERS SHALL BE FINAL UPON ACCEPTANCE BY OPERATOR AND CANNOT BE CANCELLED ONCE ACCEPTED BY OPERATOR, AND NO REFUNDS WILL BE ISSUED. To purchase Services you must first sign up online and create an account with Stripe at https://stripe.com. By purchasing Services, all users agree and are bound by Stripe’s terms and conditions. All users agree to allow Operator to obtain all necessary information to process and receive payments from your account.
YOU AGREE THAT ANY DRIVER PROVIDING SERVICES SHALL NOT LIFT MORE THAN 25 LBS. IN CONNECTION WITH DELIVERING ANY PRODUCT. ALL PRODUCTS TO BE DELIVERED THAT EXCEED 25 LBS. (“HEAVY PRODUCTS”) MUST BE LOADED ON TO THE DELIVERY VEHICLE BY THE SUPPLIER AND UPON DELIVERY, UNLOADED BY YOU OR YOUR AGENT. YOU AGREE TO BE PRESENT OR CAUSE YOUR AGENT TO BE PRESENT AT THE DELIVERY LOCATION TO UNLOAD HEAVY PRODUCTS IN A TIMELY MANNER. DELIVERY DRIVERS WILL NOT UNLOAD HEAVY PRODUCTS.
OPERATOR, WILL UTILIZE SUPPLIER CONTACT INFORMATION AND YOUR CONTACT INFORMATION TO BOTH PICK UP AND DELIVER PRODUCTS. IF YOU OR YOUR AGENT IS NOT AT THE DELIVERY LOCATION UPON ARRIVAL OF THE OPERATOR’S DELIVERY DRIVER, OPERATOR (OR THE DELIVERY DRIVER) WILL ATTEMPT TO CONTACT YOU THREE (3) TIMES. IF, AFTER THREE (3) UNSUCCESSFUL ATTEMPTS TO REACH YOU, THE PRODUCT(S) WILL BE RETURNED TO THE SUPPLIER. IF THIS OCCURS, YOU WILL BE CHARGED FOR BOTH THE DELIVERY AND FOR A RETURN OF THE PRODUCT TO THE SUPPLIER USING THE SAME CREDIT CARD AS WAS USED TO PURCHASE THE SERVICES. OPERATOR, UTILIZES ADDRESSES AS WELL AS LATITUDE AND LONGITUDE. YOU AGREE THAT OPERATOR WILL DELIVER THE PRODUCTS TO THOSE SPECIFIC COORDINATES. SHOULD THE AVAILABLE COORDINATES NOT BE ACCURATE, THE PRODUCTS WILL BE RETURNED TO THE SUPPLIER IF IT IS A HEAVY PRODUCT, OR IF THE PRODUCT IS NOT A HEAVY PRODUCT, THE PRODUCT WILL BE LEFT AT THE SPECIFIC LOCATION INDICATED BY THE COORDINATES ON FILE WITH OPERATOR.
All prices posted on the Platform are subject to change without notice. The prices charged for Services will be the price in effect at the time the Order is placed and accepted by Operator. Posted prices do not include applicable sales taxes, if any. All such applicable taxes will be added to your Order. Operator is not responsible for pricing, typographical, or other errors in any offer by Operator and Operator reserves the right to cancel any Orders arising from such errors.
Operator reserves the right, and may, but is not obligated, to limit the sales of any Services to any person, geographic region, or jurisdiction. Operator may exercise this right on a case-by-case basis. All descriptions of Services and their pricing are subject to change at any time without notice, and in Operator’s sole discretion. Operator reserves the right to discontinue the Services at any time. Any offer for any Services made on the Platform is void where prohibited.
6. Intellectual Property
The Platform contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7. DISCLAIMER OF WARRANTIES
THE PLATFORM, ALL PLATFORM MATERIALS AND CONTENT ON THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE PLATFORM’S CONTENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE DISCLAIMED.
NEITHER OPERATOR, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE PLATFORM WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT AND PLATFORM MATERIALS THAT YOU ACCESS ON THE PLATFORM IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.
8. LIMITATION OF LIABILITY AND DAMAGES
NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF USE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) UNDER NO CIRCUMSTANCES WILL OPERATOR OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PLATFORM OR ITS CONTENT, OR INVOLVED IN THE PERFORMANCE OF THE SERVICES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR SIMILAR DAMAGES; AND
(B) THE TOTAL, AGGREGATE, COMPLETE, COLLECTIVE AND ENTIRE LIABILITY OF OPERATOR AND ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AND ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PLATFORM OR ITS CONTENT, OR PROVIDING THE SERVICES AND ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PLATFORM OR ITS ACCESS AND USE BY YOU (INCLUDING PURCHASE OF SERVICES), OR THE PLATFORM MATERIALS, IN ANY EVENT EXCEED THE GREATER OF: (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO OPERATOR FOR THE PURCHASE OF THE SERVICES GIVING RISE TO SUCH LIABILITY; AND (II) FIVE U.S. DOLLARS ($5.00).
EACH AND ALL OF THE TERMS, PROVISIONS AND LIMITATIONS SET FORTH ABOVE IN THIS SECTION SHALL APPLY: (1) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, STATUTORY OR OTHERWISE; (2) EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE; AND (3) EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES, SO THE ABOVE LIMITATION AND EXCLUSIONS AND THOSE SET FORTH IN OTHER SECTIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, AND SERVICES PERFORMED, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM (INCLUDING DISCONTINUING PURCHASING SERVICES).
9. Indemnification of Operator
You agree to indemnify, defend and hold harmless Operator and its parent, subsidiaries, affiliates, partners, shareholders, members, managers, officers, directors, employees, interns, agents, distributors, and vendors from and against any and all actual or threatened claims, demands, damages, liabilities, costs or expenses, including reasonable attorneys’ fees and expenses, resulting or arising out of your breach of any of these Terms of Use or your violation of any law or the rights of a third party. Notwithstanding the foregoing, Operator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to defend, indemnify or hold harmless Operator, and you agree to cooperate, at your expense, with Operator’s defense of such claims. Operator will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10. Injunctive and Equitable Relief
You agree that your unauthorized use of the Platform or Platform Materials will cause injury to Operator that cannot adequately be remedied by money damages, and that Operator shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Platform or Platform Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Operator is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
11. No Relationship With You
You understand that Operator has not entered into any form of partnership, agency, fiduciary or special relationship with you solely by granting you access to and use of the Platform (including the purchase of Services).
12. Governing Law
These Terms of Use and access to and use of the Platform (including the purchase of Services) shall be governed by and construed under the laws of the State of Colorado, without regard to its laws relating to conflict or choice of laws. Any permitted action to enforce or interpret the provisions of these Terms of Use, access to and use of the Platform, and/or purchase of Services shall be brought in the applicable state or federal court sitting in Arapahoe County, Colorado.
13. Dispute Resolution
The parties hereto hereby stipulate that these Terms of Use involve and impact interstate commerce. In the event of any dispute or claim arising out of or relating to these Terms of Use, the Platform (including the purchase of Services) or the Platform Materials, such disputes and claims shall be resolved EXCLUSIVELY by BINDING ARBITRATION in Arapahoe County, Littleton, Colorado, under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act (9 U.S.C. §§ 1-16), and judgment on the award may be entered by any court having jurisdiction thereof. The parties acknowledge and agree that any dispute about the enforceability or scope of these Terms of Use to arbitrate shall be decided by the arbitrator. All arbitration proceedings shall be maintained in strict confidence. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause.
14. NO CLASS ACTIONS AND WAIVER OF JURY TRIAL
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PLATFORM, THE PLATFORM MATERIALS OR PURCHASED SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND OPERATOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR CROSS-CLAIM BROUGHT BY OPERATOR OR YOU, AND ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15. Cooperation with Law Enforcement
Operator reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing Operator to disclose any content, data, or information collected through the Platform. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD OPERATOR AND OPERATOR’S AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OPERATOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OPERATOR OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
16. Additional Terms
Operator’s waiver of a breach of these Terms of Use or Operator’s failure to exercise any right under these Terms of Use shall only be effective if in writing. It is your responsibility to provide Operator with the appropriate contact information if a waiver or request is desired. In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms of Use. These Terms of Use constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter. Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances. The parties acknowledge and agree that headings, titles and captions for particular paragraphs, sections and subsections of these Terms of Use have been inserted solely for reference purposes and should not be used to interpret or construe the terms of these Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any and all communications and dealings between you and Operator relating to the Platform and these Terms of Use may be conducted through electronic means.