Terms and Conditions

The terms and conditions below govern your access to and use of Ohm Analytics, and the related services and applications offered by Ohm Analytics (including any new features and applications, collectively, the “Services”). You agree to the Terms of Service by accessing or using the Services. Do not access or use the Services if you are unwilling or unable to be bound by the Terms of Service.

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses any of the Services, including property owners, contractors and other users. The terms “you” and “your” refer to you, as a user of the Services. The terms “we”, “us”, “our”, and “Ohm Analytics” refer to Ohm Analytics, Inc., a Delaware corporation.

“Content” refers to text, images, photos, audio, video, and all other forms of data or communication. “Your Content” or “User Content” refers to Content that you submit or transmit to or through the Services, such as information that you display as part of your account profile. “Ohm Analytics Content” means Content that we create and make available on the Services.

“Third Party Content” means Content that we have the right to display on the Services that is not Ohm Analytics Content or User Content, and includes Content of other users.

“Services Content” collectively refers to all of the Content that is made available on the Services, including User Content, Third Party Content and Ohm Analytics Content.

Changes to the Terms of Service

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this page. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

User Accounts and Services Usage

You need to create an account and provide information about yourself in order to use some of the features on the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. We reserve the right to close your account at any time for any or no reason. You must be 18 years of age or older to register for or otherwise use the Services.

A “Business Account” is an account to be used solely for the purpose of representing your business on the Services. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent.

You are responsible for the content and accuracy of all information submitted by you to Ohm Analytics. User Content does not represent the advice, views, opinions or beliefs of Ohm Analytics and Ohm Analytics makes no claim of accuracy of any User Content.

Ohm Analytics allows for the posting of links to third-party Web sites. The linked Web sites’ content, business practice and privacy policies are not under the control of Ohm Analytics, and Ohm Analytics is not responsible for the content of any linked Web site or any link contained in a linked Web site. In accessing Ohm Analytics or following links to third-party Web sites you may be exposed to content you find offensive. You agree that your only recourse is to stop using Ohm Analytics.

At any time, Ohm Analytics reserves the right (i) to reject or edit Your Content, and (ii) to remove Your Content from its Web site at our sole discretion.

You agree to use Ohm Analytics for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site or duplication of Services Content and/or its processes and the inclusion of such processes or services in a derivative service.

You acknowledge that Ohm Analytics may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained. You agree that Ohm Analytics has no responsibility or liability for the deletion or failure to store any Content. You acknowledge that Ohm Analytics reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Ohm Analytics reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Suspension or Termination

Ohm Analytics may terminate or suspend your account or ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Services if you misuse the Services. Any such termination or suspension could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information.

User Content

By posting Content, you are granting permission to Ohm Analytics to access it in a number of different ways, including displaying it on the Services, promoting it, distributing it, and other activities. As such, you hereby irrevocably grant Ohm Analytics a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable (through multiple tiers) license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from and otherwise fully exploit Your Content for any purpose. You also irrevocably grant the Services’ users and the users of any of our third party partners (“Other Media”) the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

You also agree that:

your name may be made available to the public;

you represent that you have all legal rights necessary for the Content submitted by you to be utilized pursuant to the foregoing license, including that each person identified, depicted, or shown in Your Content (and if a minor, the parent or guardian of the minor), if any, has provided consent to the use of Your Content pursuant to the foregoing license;

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret; contains material that is false, intentionally misleading, obscene, defamatory, or otherwise objectionable; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation or any of your contractual or fiduciary obligations.

You also agree that you will not use the Services in prohibited manners, including but not limited to the following:

interfering with or disrupting the Services or preventing, restricting, or inhibiting the use or enjoyment of the Services by others;

impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

harvesting, scraping, or collecting Ohm Analytics Content or Third Party Content without expressing written authorization to do so;

attempting to bypass or break any security mechanism on any of the Services;

transmitting any material, information, or Content that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs or code or using the Services in any other manner that poses a security or service risk to Ohm Analytics, to any user of the Services, or to any other third parties;

testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade security;

using the Services in any manner that violates the Terms of Service, any requirements Ohm Analytics has communicated to you, or any applicable third party policies;

interfering with or disrupting networks connected to the Services or violation the regulation, policies or procedures of such networks;

transmitting to Ohm Analytics or using the Services to store personally identifiable information not needed by Ohm Analytics to deliver the Services;

or revealing your account password to others or allowing others to use your account.

This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this provision will be made by Ohm Analytics in its sole discretion.

We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Ohm Analytics and its licensees may display advertisements and other information adjacent to or included with Your Content on the Services and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

You acknowledge and agree that Ohm Analytics may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ohm Analytics, its users or the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Content

Ohm Analytics does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services. You understand that all Content posted on, transmitted through or linked through the Services are the sole responsibility of the person from whom such Content originated. By using the Services, you may be exposed to Content that is inaccurate, misleading or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

Under no circumstances will Ohm Analytics be liable in any way for any Third Party Content, or for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You acknowledge that Ohm Analytics has no obligation to pre-screen Content, but that Ohm Analytics and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Ohm Analytics and its designees will have the right to remove any Content that violates these Terms of Service or is deemed by Ohm Analytics, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Ownership

We own Ohm Analytics Content including but not limited to visual interfaces, design, code, and all other elements and components of the Services excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Ohm Analytics Content and the Services.

THE SERVICES AND ALL SERVICES CONTENT ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. OHM ANALYTICS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SERVICES CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SERVICES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICES OR SERVICES CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SERVICES. OHM ANALYTICS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM OHM ANALYTICS OR THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

OHM ANALYTICS DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF OHM ANALYTICS OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. IN NO EVENT WILL OHM ANALYTICS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OHM ANALYTICS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

OHM ANALYTICS FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

OHM ANALYTICS ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH OHM ANALYTICS RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

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

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnification

You agree to indemnify and hold Ohm Analytics, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ohm Analytics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ohm Analytics. Ohm Analytics will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Consent

CONSENT: BY SUBMITTING YOUR CONTACT INFORMATION TO OHM ANALYTICS, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY OHM ANALYTICS BY PHONE, E-MAIL, TEXT OR SMS MESSAGING AT THE NUMBER OR EMAIL ADDRESS YOU HAVE PROVIDED. YOUR PROVISION OF SUCH CONSENT IS NOT A CONDITION OF ANY PURCHASE OR SERVICES.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

"AGREEMENT TO ARBITRATE"

This Section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Ohm Analytics, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising or any aspect of the relationship or transactions between you and Ohm Analytics, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Ohm Analytics are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

"PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF"

YOU AND OHM ANALYTICS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OHM ANALYTICS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

"PRE-ARBITRATION DISPUTE RESOLUTION"

Ohm Analytics is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] Analytics.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Ohm Analytics should be sent to 301 Howard Street, San Francisco, CA, 94105 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Ohm Analytics and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Ohm Analytics may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ohm Analytics or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ohm Analytics is entitled.

"ARBITRATION PROCEDURES"

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Ohm Analytics and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Ohm Analytics agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

"COSTS OF ARBITRATION"

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is [$75,000] or less, at your request, Ohm Analytics will pay all Arbitration Fees. If the value of relief sought is more than [$75,000] and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Ohm Analytics will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ohm Analytics will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

"CONFIDENTIALITY"

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

"SEVERABILITY"

Without limiting the severability provision in Section 5 of the section titled “Miscellaneous” below, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than paragraph b. above (Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of such paragraph b. above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Service will continue to apply.

"FUTURE CHANGES TO ARBITRATION AGREEMENT"

Notwithstanding any provision in this Terms of Service to the contrary, Ohm Analytics agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Ohm Analytics written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Miscellaneous

OHM ANALYTICS is a registered trademark of Ohm Analytics. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Ohm Analytics. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Ohm Analytics; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Ohm Analytics in connection with the Service. All rights not expressly granted to you herein are reserved by Ohm Analytics.

By registering for the Services or submitting Content, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of Ohm Analytics, Ohm Analytics reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.

You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. Your obligations shall be binding on your heirs, successors and assigns.

This Agreement shall be governed by and construed under the laws of California exclusive of its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, any suit hereunder will be brought in the federal courts in the Northern District of California or state courts located in San Francisco, California, and you submit to the personal jurisdiction thereof, consent to venue in such courts and waive any objection as to inconvenient forum. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

These Terms of Service constitute the entire agreement between you and Ohm Analytics and govern your use of the Services, superseding any prior agreements between you and Ohm Analytics with respect to the Services. The failure of Ohm Analytics to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Ohm Analytics, but Ohm Analytics may assign or transfer this Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.