Terms of Service
Last updated on August 13, 2018
IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE A PARENT OR GUARDIAN READ AND AGREE
TO THE BELOW AGREEMENT. IF YOUR PARENT OR GUARDIAN DOES NOT READ AND AGREE TO THIS, YOU DON’T
HAVE PERMISSION TO USE VOCABUBOT.
1.1 Please read the following terms of service. By clicking the “I Agree” box, you acknowledge
that you have read, understood and agree to be bound by these terms. Vocabubot reserves the right
to change any of its terms and conditions (“Terms”). While we will try to keep you up to date
on any changes, you are responsible for periodically checking the site to determine if any changes
have been made, and we are not liable for your failure to do so or our failure to provide direct
notice to you. Your continued use of Vocabubot (“Service”) following any revision to these Terms
will constitute your acceptance of the changes or modifications to these Terms. If you do not
agree to any changes to these Terms, do not continue to use the service.
Vocabubot Account Creation; User Limitations
2.1 In order to use the Service, you must register with us to open a Vocabubot user account ( “Account”). By opening an Account,
you represent and warrant that: (a) all information you submit in connection with your opening
and use of your Account is true, accurate, current, and complete; (b) you will promptly notify
us if your information changes so we can update our records; and (c) you are of legal age to
form a binding contract (or, if you are a minor, you have your parent’s permission to use the
Service, and your parent has read and agrees to these terms on your behalf).
2.2 You are solely responsible for maintaining the security and confidentiality of the information
you hold for your Account, including, without limitation, your username and password, and for
any and all activity that occurs through your Account as a result of your failure to keep this
information secure and confidential. You agree to notify Vocabubot immediately if you become
aware of any unauthorized use of your Account, user name or password, or any other breach of
security in connection therewith. You may be held liable for losses incurred by Vocabubot or
any third party due to someone else using your Account, user name or password as a result of
your failing to keep your Account information secure and confidential. You are strictly prohibited
from using anyone else’s Account, username or password at any time and for any reason. Vocabubot
is not liable to you or any third party for your failure to comply with your obligations under
2.2.1 If you are accessing the Service as a Student, the following terms also apply to you:
(i) You must get your Parent or Guardian to read these Terms before using the Service.
2.2.2 If you are accessing the Service as a Parent or Guardian, the following terms also
apply to you:
(i) You agree not to access the Account or information about anyone other than your Student.
(ii) You understand that your acceptance of these Terms indicates that you are agreeing
to these Terms both on your own behalf as well as on behalf of your Student(s) who use the Service.
Children under 18 must not use the Service until after a Parent or Guardian has accepted these
Terms on their behalf.
Your Privacy; Use of Service by Children
3.1 In order to use the Service you, or your School or Parent or Guardian on your behalf, will
be required to provide certain personally identifiable information to Vocabubot (e.g., your first
and last name, your e-mail address, and, if applicable, your credit card information). Vocabubot
will only use such personally identifiable information in accordance with the terms of our privacy
3.2 Vocabubot collects limited personal information from minor Students, but only where
that Student’s Parent or Guardian has contracted with Vocabubot to collect personal information
from Students. If you are a Student, please do not send any personal information about yourself
to us, other than what we request from you when you sign up for the Service. In the event we
learn that a Student has provided us personal information beyond what we request, we will permanently
delete that information as quickly as possible. If you believe that a Student may have provided
us personal information beyond what is requested when signing up for the Service, please contact
us at firstname.lastname@example.org
4.1 The fees that Parents or Guardians are required to pay to permit use of the Service are set forth on the site home page.
Fees will be (a) billed annually in accordance with such quote and (b) are payable as follows:
(i) For Parents or Guardians, the credit card you maintain on file with Vocabubot will be automatically
charged for the following year upon expiration of the currently paid-for year; you are responsible
for maintaining up-to-date credit card information. Vocabubot reserves the right to suspend or
terminate your use of the Service if your credit card fails.
4.2 To the greatest extent permitted by applicable law, and without affecting your credit
card issuer’s rights, you hereby waive all claims relating to fees unless you notify Vocabubot
of any dispute or other fee-related claim within thirty (30) calendar days of the fees being
charged to your credit card.
4.3 To the greatest extent permitted by applicable law, any refunds of fees are at the sole
discretion of Vocabubot. Nothing in these Terms obligates Vocabubot to extend credit to any person.
You acknowledge and agree that any credit card and related billing and payment information that
you provide may be shared by Vocabubot with third party service providers who work on Vocabubot’s
behalf, such as payment processors and/or credit agencies, solely for the purposes of checking
credit, effecting payment to Vocabubot and servicing your Account. Vocabubot may also provide
information in response to valid legal processes, such as subpoenas, search warrants and court
orders, or to establish or exercise its legal rights or defend against legal claims. Vocabubot
shall not be liable for any use or disclosure of such information by such third parties.
Service Availability and Support
5.1 Vocabubot may temporarily suspend a Student’s access to the Service for any reason, including if Vocabubot reasonably
determines that: (a) there is a threat or attack on the Service (including a denial of service
attack) or other event that may create a risk to the Service or any other Service user; (b) Student’s
use of the Service disrupts or poses a security risk to the Service or any other Service user,
may harm Vocabubot’s systems or any other Service user, or may subject Vocabubot or any third
party to liability; (c) Student is using the Service for fraudulent or illegal activities; (d)
subject to applicable law, Student or Student’s Parent/Guardian has made an assignment for the
benefit of creditors or similar disposition of assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding; (e) Student is using the Site
in breach of these Terms. Vocabubot will have no liability for any damage, liabilities, losses
or any other consequences that Student may incur as a result of any Service Suspension.
5.2 Vocabubot will provide customer support to you as is generally made available without
charge to other users of the Service.
6.1 Vocabubot is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, or
loss of data that Students submit or use in connection with the Service.
Vocabubot’s Proprietary Rights
7.1 You hereby acknowledge and agree that Vocabubot owns all legal right, title and interest in and to the Site and Service,
including, without limitation, any intellectual property or other proprietary rights which subsist
in the Site and Service (whether such rights are registered or unregistered, and wherever in
the world those rights may exist). All materials on the Site, including, but not limited to,
graphics, user and visual interfaces, images, software, applications, and text, as well as the
design, structure, selection, coordination, expression, “look and feel”, and arrangement of the
Site and its content, and the domain names, trademarks, service marks, proprietary logos and
other distinctive brand features found on the Site, are all owned by Vocabubot.
7.2 Nothing in these Terms gives you any right to use any of Vocabubot’s trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features. All rights not expressly
granted by Vocabubot under these Terms are reserved.
7.3 Subject to your compliance with these Terms, including, without limitation, your payment
of all applicable fees, Vocabubot hereby grants you a limited, personal, worldwide, royalty-free,
non-transferable, non-sublicensable and non-exclusive license to use the Service. This license
is for the sole purpose of enabling you to use the Service in the manner permitted by these Terms.
7.4 During and after the termination of your use of the Service, you will not assert, nor
will you authorize or assist any third party to assert, against Vocabubot, any patent infringement
claim with respect to the Service.
Service Use Restrictions
8.1 You hereby represent and warrant that you will not, and will not permit any third party, to: (a) attempt to disable or
circumvent any security mechanisms used by the Site or Service or otherwise attempt to gain unauthorized
access to any portion or feature of the Site or Service, or any other systems or networks connected
to the Site or Service, or to any Vocabubot server, by hacking, password mining, or any other
illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any comparable manual process, to access, acquire, copy,
or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt
or interfere, or attempt to interrupt or interfere with, the proper operation and working of
the Site or Service or any transaction being conducted on the Site or through the Service, or
with any other person’s use of the Site or Service; (d) breach any security measures implemented
on the Site or in the Service; (e) track or seek to trace any information on any other person
who visits the Site or uses the Service; (f) forge headers or otherwise manipulate identifiers
in order to disguise your identity, or the origin of any message or other communication that
you send to Vocabubot in connection with the Service; (g) pretend that you are, or that you represent,
someone else, or impersonate any other person; (h) use the Service or Site for any illegal purpose,
for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms
or applicable laws, rules or regulations, including, without limitation, laws applicable to the
export of software and data; (i) upload or otherwise process any malicious content to, or through,
the Service; or (j) copy, modify, create a derivative work of, reverse engineer, decompile or
otherwise attempt to extract the source code of Vocabubot proprietary software used to provide
or maintain the Service, or made available to you in connection with the Service.
8.2 You agree that you will notify Vocabubot if you become aware that the Site or Service
is being used for any illegal or unauthorized purpose.
9.1 If you send or transmit any communications or materials to Vocabubot by mail, electronic mail, telephone, or otherwise
( “Feedback” ), suggesting or recommending changes to our Site or Service, including without
limitation, new features or functionality relating thereto, any comments, questions, suggestions,
or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary.
This means that you give up any claim that the use of such Feedback by Vocabubot or its agents,
violates any of your rights including moral rights, privacy rights, proprietary or other property
rights, rights of publicity, rights to credit for material or ideas, or any other right, including
the right to approve the way Vocabubot uses such Feedback.
9.2 You hereby assign all right, title, and interest in, and Vocabubot is free to use, without
any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual
property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever,
including but not limited to, developing, manufacturing, having manufactured, licensing, marketing,
and selling, directly or indirectly, products and services using such Feedback. You agree and
understand that Vocabubot is not obligated to use, display, reproduce, or distribute any such
ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to
compel such use, display, reproduction, or distribution.
10.1 Vocabubot respects the intellectual property and other proprietary rights of others and has a policy of removing content
from the Site that infringes third party copyrights and suspending and/or terminating the Account
of any user who uses the Site or Service in violation of copyright law, and where appropriate,
blocking such user’s access to the Site and Service.
10.2 If you are a copyright owner, or an agent thereof, and believe that your work is the
subject of copyright infringement and appears on our Site, or is being used through the Service,
you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing
our copyright agent (designated below) with the following information: (a) your electronic signature;
(b) identification of the copyrighted work claimed to have been infringed; (c) identification
of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient
to permit Vocabubot to locate such material; (d) information reasonably sufficient to permit
Vocabubot to contact you, such as an address, telephone number, and, if available, an e-mail
address; (e) 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 (f) a statement
that the information in the notification is accurate, and under penalty of perjury, that you
are, or that you are authorized to act on behalf of, the owner of an exclusive right that is
allegedly infringed. Vocabubot’s designated copyright agent to receive notifications of claimed
infringement under the DMCA is:
10.3 Only DMCA or other intellectual property rights-related notices should be sent to the
copyright agent; any other communications sent to the copyright agent will be destroyed.
Exclusion of Warranties
11.1 YOUR USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO
YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. VOCABUBOT,
ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD
PARTY SERVICE PROVIDERS, AND VOCABUBOT AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS,
AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “VOCABUBOT PARTIES”): (A) EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET
YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE
OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR
CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY,
RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE SERVICE.
11.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND VOCABUBOT. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VOCABUBOT OR ANY PERSON ON BEHALF OF VOCABUBOT
SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
11.3 NOTHING IN THESE TERMS, THIS SECTION 11, OR SECTION 12 BELOW, SHALL EXCLUDE OR LIMIT
VOCABUBOT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
Exclusion of Liabilities
12.1 SUBJECT TO SECTION 11.3 ABOVE, IN NO EVENT WILL VOCABUBOT OR THE VOCABUBOT PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY,
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION
WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, OR FOR ANY OTHER
REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE
OR STRICT LIABILITY), EVEN IF VOCABUBOT OR THE VOCABUBOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. VOCABUBOT SHALL NOT BE LIABLE FOR ANY POOR GRADING, FAILURE, SUSPENSION, ACADEMIC
PROBATION, EXPULSION, LAWSUITS, LOSS OF SCHOLARSHIPS/TITLES/AWARDS/PRIZES/GRANTS/POSITIONS, OR
ANY OTHER DISCIPLINARY OR LEGAL ACTIONS.
12.2 VOCABUBOT AND THE VOCABUBOT PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICE. IF, NOTWITHSTANDING
THE FOREGOING, VOCABUBOT OR ONE OF THE VOCABUBOT PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE
SERVICE, VOCABUBOT OR THE RELEVANT VOCABUBOT PARTY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY
THIRD PARTY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO VOCABUBOT DURING
THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO VOCABUBOT’S LIABILITY.
13.1 You agree to indemnify, defend and hold harmless Vocabubot and the Vocabubot Parties (each an “Indemnified Party” ),
from and against any and all liability and costs (including, without limitation, attorneys’ fees
and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim
arising out of: (a) your use of the Service; (b) any breach or alleged breach by you of these
Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of
a third party’s rights, including, without limitation, any intellectual property, privacy or
publicity rights; (e) any damage caused by or alleged to have been caused by you to the Site
or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable
law, rule or regulation.
13.2 Counsel you select for defense or settlement of a claim must be consented to by Vocabubot
and/or the Indemnified Party(s) prior to counsel being engaged to represent you and Vocabubot
and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required,
and provide such information as reasonably requested, by the Indemnified Party(s) in the defense
or settlement of any claim. Vocabubot and/or the Indemnified Party(s) reserves the right, at
its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise
subject to indemnification by you. You shall not in any event consent to any judgment, settlement,
attachment, or lien, or any other act adverse to the interest of Vocabubot or any Indemnified
Party(s) without the prior written consent of Vocabubot and/or the Indemnified Party(s).
Changes to Service
14.1 Vocabubot is constantly striving to provide the best possible experience for its Service users. You acknowledge and
agree that the form and nature of the Service which Vocabubot currently provides may change from
time to time, without prior notice to you. Changes to the form and nature of the Service will
be effective with respect to all versions of the Service. Examples of changes to the form and
nature of the Service include, without limitation, changes to fees and payment policies, security
patches, additional functionality, reduced functionality, and other enhancements.
Termination of Service
15.1 You may stop using the Service at any time by closing your Account, or ceasing to use the Service. In such event, you
will not be entitled to any refund of any fees that you have paid prior to you ceasing to use
15.2 Vocabubot reserves the right in its sole discretion to cease or suspend providing all
or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten
or intend to breach, these Terms; (b) Vocabubot is required to do so under any applicable law,
rule or regulation; (c) the Service relies on data, services or another business relationship
between Vocabubot and a third party service provider, and such relationship terminates or changes
in such a way that affects Vocabubot’s ability to continue providing the Service; (d) continuing
to provide the Service could create a substantial economic burden on Vocabubot as determined
by Vocabubot in its sole discretion; or (e) continuing to provide the Service could create a
security risk or material technical burden as determined by Vocabubot in its sole discretion.
15.3 If your use of the Service is terminated or suspended pursuant to Sections 15.1 or
15.2 above, except to the extent prohibited by any applicable law, rule or regulation, your access
to the Service will immediately cease. .
15.4 Any of your obligations under these Terms which by their nature are intended to survive
the termination of your use of the Service, shall continue to apply to you after you cease to
use the Service.
15.5 Vocabubot may notify the relevant law enforcement authorities or other third parties
of any illegal or other prohibited conduct by you, including, without limitation, your violation
of these Terms or unauthorized use of the Site or Service.
Governing Law and Venue
16.1 These Terms will be construed and enforced in all respects in accordance with the laws of the state of California, without
reference to its choice of law rules. Except as set forth below in Section 16.2, the federal
and state courts seated in Orange County, California, shall have sole and exclusive jurisdiction
for all purposes in connection with any action or proceeding that arises from, or relates to,
these Terms, and you irrevocably waive any objection to such exclusive jurisdiction; provided
however, that Vocabubot may seek to enforce any judgment in its favor in any court of competent
16.2 Notwithstanding the foregoing, Vocabubot may seek injunctive or other equitable relief
in any court of competent jurisdiction to protect its proprietary and other rights. You agree
that your breach of these Terms may result in immediate and irreparable damage to Vocabubot for
which there is no adequate remedy at law.
16.3 The United Nations Convention on Contracts for the International Sale of Goods in its
entirety is expressly excluded from these Terms, including, without limitation, application to
the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service)
will not be governed or interpreted in any way by referring to any law based on the Uniform Computer
Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
16.4 Any cause of action arising under these Terms must be commenced by you within one (1)
year after the claim or cause of action arises.
Third Party Websites
17.1 The Site and Service may provide links to other websites that are not owned or operated by Vocabubot (“Third Party Websites”).
Vocabubot provides these links to you as a convenience only, and Vocabubot does not verify, make
any representations concerning, or take responsibility for, such Third Party Websites, or the
products or services offered through such Third Party Websites, including, without limitation,
the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted
on, such Third Party Websites. You should use your own independent judgment before accessing
and using such Third Party Websites, or products or services offered through such Third Party
should review such Third Party Websites’ privacy policies, terms and conditions and business
practices as they may be different to those of Vocabubot, and it is your sole responsibility
to comply with such terms. Your dealings and communications with any third party in connection
with the Third Party Websites are solely between you and such third party.
17.3 Any reference on the Site, or through the Service, to any product, process, publication
or service of any third party, by trade name, domain name, trademark, trade identity, service
mark, logo, manufacturer or otherwise, does not constitute or imply Vocabubot’s endorsement or
recommendation thereof, and your use of any Third Party Websites and third party product, process,
publication, or service is entirely at your own risk.
Miscellaneous Legal Terms
the Service (excluding any services which Vocabubot may provide to you under a separate written
agreement), and completely supersedes, cancels and replaces any and all other written or oral
agreements or understandings previously existing between you and Vocabubot with respect to the
18.2 The failure of Vocabubot to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision.
18.3 If any part of these Terms is held invalid, illegal or unenforceable, that provision
shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms,
and the other parts will remain in full force and effect.
18.4 Any notice or other communications by Vocabubot relating to the Service may be made
by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other
communications in electronic form to the extent permitted by applicable law.
18.5 These Terms shall not be interpreted or construed to confer any rights or remedies
on any third parties, except that each Indemnified Party shall be a third party beneficiary hereunder,
and accordingly shall be entitled to directly enforce and rely upon any provision of these Terms
that confers a right or remedy in favor of it.
18.6 Vocabubot may assign or transfer its rights, or delegate any performance, under these
Terms to a third party in its sole discretion. You may not assign or otherwise transfer your
rights, or delegate your performance, under these Terms to any third party without, in each and
every case, Vocabubot’s express prior written consent.
18.7 Vocabubot will not be liable for failing or delaying performance of its obligations
resulting from any condition beyond its reasonable control, including but not limited to, governmental
action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements,
epidemics, labor conditions, power failures, and Internet disturbances.
18.8 Vocabubot may take any legal action against you to enforce these Terms or to prevent
the breach of these Terms, including, without limitation, seeking equitable remedies or using
technical means at its disposal. In addition to any other legal, equitable or technical rights
and remedies that it may have, Vocabubot may without limitation, immediately terminate or suspend
your use of the Service, if Vocabubot believes in its sole discretion that you are violating
these Terms, or that you intend to do so.
18.9 Vocabubot may add to, change or remove any part, term or condition of the Terms or
indicating your acceptance of such changes. However, we will provide written notice to you of
or sent to your registered email address).
18.10 You may not access the Service if you are a direct competitor of Vocabubot’s, except
with our prior written consent. In addition, you may not access the Service for purposes of monitoring
its availability, performance or functionality, or for any other benchmarking or competitive