1.Terms of Service

DB Sports, Inc., d/b/a Eat The Sharks (“ETS”) provides, through its websites, affiliated social media accounts, and appliable mobile applications and platforms, data analysis tools and content related to sports and gambling that are designed to be used for entertainment and educational purposes only (collectively, the “Service”). These terms of service (these “Terms”) apply to all visitors, users, and others who access the Service (“Users”). Each of the Users is hereinafter individually referred to as “you” or “your”. You must read these Terms carefully and in their entirety before using the Service.

Acceptance of Terms

By accessing or using the Service, you signify that you have read, understood, and agree to be legally bound by these Terms and to the collection and use of your information as set forth in ETS’s Privacy Policy (https://www.eatthesharks.com/legal/privacy), whether or not you are a registered or paid user of the Service. As set forth in more detail below, ETS reserves the right to change, modify, add or remove portions of these Terms at any time. Please refer to https://www.eatthesharks.com/legal/terms to view the current version of these Terms.

2.Nature of the Service

Certain aspects of the Service are provided for a fee or other charge (which, whether such fee or charge is imposed on a one-time or recurrent basis, is hereinafter referred to as a “Subscription”). If you elect to use a Subscription, you agree to the pricing and payment terms set forth herein as these Terms may be updated from time to time.  ETS may add new Subscriptions for additional fees and charges, or amend fees and charges for existing Subscriptions, at any time in its sole discretion. Any change to ETS’s pricing or payment terms shall become effective in the billing cycle (if any) following notice of such change to you as provided herein. ETS reserves the right to create content unrelated to the Service, sell related or unrelated service or items, or enter any other lawful line of business.

3.Restrictions

You must be 18 years of age, or if older the age of majority in your state, province, territory or country, to enroll in any Subscription. You may not use the Service in any place or at any time that it is illegal to do so under applicable law. The Service, and any content viewed through the Service, are for your personal and non-commercial use only. During the period of any active Subscription, ETS grants you a limited, non-exclusive, non-transferable, license to access the Service to the extent provided for under such Subscription for personal use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download (except for or normal caching or personal use of any download functionality expressly offered as part of a Subscription), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Service without express written permission from ETS and its licensors. You agree to the other restrictions on use of the Service set forth herein.

4.Prohibited Activities

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or sharing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the ETS servers than a human can reasonably produce in the same period of time by using a conventional web browser (iii) transmitting spam or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at ETS’s sole and absolute discretion an unreasonable or disproportionately large load on its infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures ETS may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) monetizing ETS’s data analysis tools or content through advertising, subscriptions or other means, or (xiv) sharing account log-in information so multiple persons are able to access the same paid account. ETS may, without prior notice, change the Service; stop providing the Service or features of the Service, to any specific User (such as you) or to Users generally; or create usage limits for the Service. ETS may permanently or temporarily terminate or suspend any User’s access to the Service without notice and liability for any reason, including if in ETS’s sole determination such User violates any provision of these Terms, or for no reason. ETS may also take legal action against you if your actions merit doing so. Upon termination for any reason or no reason, you continue to be bound by these Terms.

5.Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, algorithms, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights and photographs (the “ETS Content”), and all intellectual property rights related thereto, are the exclusive property of ETS and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ETS Content. Use of the ETS Content for any purpose not expressly permitted by these Terms is strictly prohibited.

6.Subscriptions and Free Trials

a.Continuing Subscriptions. Any Subscription may or may not start with a free trial, and will continue month-to-month (unless otherwise denominated as a Subscription with a one-time fee) unless and until you cancel your Subscription or ETS terminates it. You must have internet access and provide ETS with a current, valid, accepted method of payment (as such may be updated from time to time, hereinafter referred to as your "Payment Method") to use and retain any Subscription. ETS will bill the Subscription fee monthly to your Payment Method. You must cancel any Subscription before it renews in order to avoid billing of the succeeding month’s Subscription fees to your Payment Method.

b. Various Subscriptions. ETS may offer a number of Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscriptions

c. Free Trials. ETS may or may not provide free trials and a Subscription may begin with a free trial. Unless otherwise stated when enrolling, any such free trial shall last for one week. Free trials are available for new and certain former Subscription holders only as shall be determined by ETS in its sole and absolute discretion. ETS will begin billing your Payment Method for Subscription fees at the end of the free trial period of any Subscription unless you cancel prior to the end of the free trial period. To view the specific details of your Subscriptions visit the ETS website and click the "Subscriptions" link in the top-right corner. ETS may authorize your Payment Method through various methods, including authorizing it for up to approximately one month of service as soon as you register for any Subscription. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from ETS that your free trial period has ended or that the paying portion of your Subscription has begun. Click the “Subscriptions” link on the ETS website to find cancellation instructions. ETS will continue to bill your Payment Method on a monthly (or otherwise applicable interval) basis for your Subscription fee until you cancel.

7.Billing

By initiating any Subscription and providing or designating a Payment Method, you authorize ETS to charge you a monthly Subscription fee for any recurrent Subscription at the then current rate, and any other charges you may incur in connection with your use of the Service, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a Subscription, and you authorize ETS to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. ETS reserves the right to adjust pricing for any Subscription and any components thereof in any manner and at any time as ETS may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your Subscription(s) will take effect following email notice to you. ETS shall have the right to automatically bill your Payment Method for any fees due to ETS and shall have the right to change the timing of any recurrent billing.

8.No Refunds

All fees paid to ETS are fully earned upon payment. ALL PAYMENTS TO ETS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. ALL SALES ARE FINAL. Following any cancellation, however, you will continue to have access to any previously billed Subscription through the end of your current billing period. At any time, and for any reason, ETS may provide a refund, discount, or other consideration to some or all Users ("credits"). The amount and form of such credits, and the decision to provide them, are at ETS’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate ETS to provide credits in the future, under any circumstance.

9.Cancellation

You may cancel any Subscription at any time, and you will continue to have access to such Subscription through the end of the billing period of such Subscription. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, go to the "Subscriptions" page on ETS’s website and follow the instructions for cancellation.

10.Privacy

You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://www.eatthesharks.com/legal/privacy), and to have your personally identifiable information collected, used, transferred to and processed in the United States.

11.Security

When completing the Service’s registration process, you will disclose an email address and select a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ETS of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. ETS cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. ETS cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Accounts may not be shared and may be used only by one individual per account.

12.Third Party Links

The Service may contain links to third-party websites, services or other events or activities that are not owned or controlled by ETS. ETS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and ETS’s Privacy Policy do not apply to your use of such sites. You expressly relieve ETS from any and all liability arising from your use of any third-party website, service, or content. ETS reserves the right to be paid by third parties for referrals made by clicking through or providing a promotional code. These third parties may include legal gambling web sites, or non-gambling web sites. ETS is not responsible for any actions Users make on any third-party website it links or references. To be clear, Users are solely responsible for their own actions when visiting another web site linked or referenced on ETS or by any of its owners, employees, or contractors.

13.Intellectual Property

The Service, including all content provided as part of the Service, is protected by copyright, trade secret or other intellectual property laws and treaties, which you specifically agree not to infringe.

14.Use of Information Received

ETS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the ETS website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ETS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

15.Indemnity

As a condition of your access to the Service, you agree that you shall defend, indemnify, and hold harmless ETS and any of its officers, directors, owners, employees, agents, suppliers, affiliates, successors and assigns against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to your alleged or actual use of, misuse of, or failure to use the Service, including without limitation: (a) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including customer data; (b) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Service through your account, including without limitation by customer data; (c) claims that use of the Service through your account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising; (d) your violation of these Terms (including terms incorporated into them), and any applicable law or the rights of another person or party; (e) your access to and use of the Service and any content therein; and (f) any disclosures made with your permission (including, without limitation, your consent that ETS disclose your personal information and other information collected as set forth in ETS’s Privacy Policy. Indemnified Claims include, without limitation, claims arising out of or related to ETS’s negligence. Your obligations set forth in this paragraph include retention and payment of attorneys and payment of court costs, as well as settlement at your expense and payment of judgments. ETS will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.

16.Representation and Warranties

You represent and warrant that: (a) you have the full right and authority to enter into, execute, and perform its obligations under these Terms; (b) you have accurately identified yourself and you have not provided any inaccurate information about yourself to ETS; and (c) you are a natural person aged 18 or older who is not under any legal disability.

17.Disclaimers of Warranties

YOU ACCEPT THE SERVICE “AS IS” AND AS AVAILABLE, WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) ETS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) ETS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) ETS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE. ETS DOES NOT GUARANTEE THAT THE SERVICE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED, OR THAT ETS WILL CORRECT ALL ERRORS. YOU ACKNOWLEDGE THAT ETS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ETS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS WHETHER OR NOT FORESEEABLE. THERE IS NO GUARANTEE OR PROMISE THAT YOUR USE OF THE SERVICE WILL ENABLE OR ASSIST YOU IN WINNING MONEY, OR THAT YOU WILL NOT LOSE MONEY, OR IMPROVE YOUR GAMBLING RESULTS. YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND A NEARLY INFINITE NUMBER OF VARIABLES BEYOND ETS’S CONTROL, INCLUDING VARIABLES ETS AND YOU HAVE NOT ANTICIPATED. EACH CUSTOMER’S RESULTS WILL VARY. ETS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THE SERVICE. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS.

18.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OWNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ETS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE OR ANY PORTION THEREOF; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF ETS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (g) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ETS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OWNERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ETS HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

19.Foreign Use

The Service is controlled and operated from facilities in the United States. ETS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

20.Class Action Waiver

You and ETS also agree to litigate or otherwise seek to resolve any dispute in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

21.Limitation of Actions

NO ACTION, SUIT, OR PROCEEDING, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS MAY BE BROUGHT BY EITHER PARTY MORE THAN SIX MONTHS AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.

22.Miscellaneous

a. Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.

b. Notices. ETS may send notices pursuant to these Terms to you at the email contact points provided by you, and such notices will be deemed received twenty-four (24) hours after they are sent. You may send notices pursuant to these Terms to ETS at support@eatthesharks.com, and such notices will be deemed received twenty-four (24) hours after they are sent. You agree to electronic communication for all of your transactions and communication with ETS. You agree that all postings, notices, disclosures, or other communications that ETS provides to you electronically satisfy any legal requirements that such communications be in writing. You agree to keep your email address on file with ETS current and that notice provided by ETS to the address that you have most recently provided will constitute effective notice.

c. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of these Terms to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

d. Assignment & Successors. You may not assign your rights or obligations under these Terms or without ETS’s express written consent. Except to the extent forbidden in this paragraph, these Terms will be binding upon and inure to the benefit of the parties’ respective successors and assigns.

e. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

f. No Waiver. Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.

g. Choice of Law and Jurisdiction: These Terms will be governed solely by the internal laws of the State of Delaware, United States of America, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of New Castle County, Delaware.

h. Conflicts. In the event of any conflict between these Terms and any other policy posted by ETS in any media, including without limitation the ETS’s Privacy Policy, these Terms shall prevail and govern.

i. Construction. The parties agree that these Terms shall not be construed in favor of or against either party by reason of authorship.

j. Technology Export. You shall not: (a) permit any third party to access or use the Service in violation of any U.S. law or regulation; or (b) export any software provided by ETS or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations.

k. Entire Agreement. These Terms set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

Amendment. ETS may amend these Terms from time to time by posting an amended version on the website at which access to the Service may be ordered, which amendment shall be immediately effective. As a condition of these Terms, you agree to periodically check the posted version of these Terms. You agree that your continued use of the Service after the moment these Terms have been amended will constitute your consent and acceptance of these Terms as amended. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this paragraph, ETS may revise its Privacy Policy at any time by posting a new version of the same at ETS’s website(s), and such new version will become effective on the date it is posted.