OpenPass Account Terms of Service

Last Updated: January 22, 2024

These Terms of Service (“Terms”) apply to your use of the OpenPass account single sign-on services (collectively, the “Services”). Our Services are designed to enable you to log into third-party websites and applications that have integrated our Services (collectively, “Third-Party Sites”) for your personal, non-commercial use.

If you are resident in the European Economic Area, Switzerland, or the United Kingdom (collectively, the “European Region”), the Services are provided by The UK Trade Desk Ltd and our address is 10th Floor, 1 Bartholomew Close, London, EC1A 7BL. If you are resident outside the European Region, the Services are provided by The Trade Desk, Inc. (References to “TD” or “we” or other first-person pronouns should be read as reference to the relevant Trade Desk entity).

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND TD AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL (SEE SECTION 13). YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS – INSTRUCTIONS ON THIS OPT-OUT ARE IN SECTION 13(L) BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES. THIS PARAGRAPH DOES NOT APPLY TO EUROPEAN REGION USERS.

For information about how we collect, use, share and otherwise process information about you, please see our OpenPass Privacy Policy at https://www.thetradedesk.com/us/openpass-privacy-policy.

1. Eligibility

You represent that you are at least 16 years of age and are not located in China. If you are between the ages of 16 and 18 (or under the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of that user in relation to our Services. You may only use our Services for your own personal benefit and not on behalf of any other party. You represent that you have the legal authority and capacity to agree to these Terms.

2. User Accounts and Account Security

When you register for an account through our Services (“OpenPass Account”), you will need to provide required information and complete all required steps. You must own or control any email address or phone number you provide and have all rights necessary to access and use the associated email account or phone number. We may send verification codes and other administrative messages to the contact information you use to register for your OpenPass Account. It is your responsibility to configure your device and service settings to ensure that you are receiving these messages. The OpenPass Account is designed to provide a single sign-on solution across Third-Party Sites. If you are logged into your OpenPass Account and visit Third-Party Sites, you may not be required to complete any additional authentication steps when logging back into those Third-Party Sites. You are solely responsible for protecting access to your OpenPass Account. You can log out of or delete your OpenPass Account at any time. Please see the OpenPass Privacy Policy for more details on how to exercise that option. Third-Party Sites may provide additional methods for logging out of your OpenPass Account. We use cookies that are essential to enable you to access and use the Services, including by authenticating you and keeping you signed-in to Third-Party Sites.

3. Prohibited Conduct

(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services or any Third-Party Sites. You will not:

• Use or attempt to use another user’s OpenPass Account;
• Sell, resell or commercially use our Services;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(b) Enforcement of this Section 3 is solely at TD’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

4. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by TD or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.

5. Trademarks

The Trade Desk, OpenPass, and any other of our logos, product or service names, or slogans and the look and feel of the Services are trademarks of TD and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

6. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about TD, OpenPass, or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in TD’s sole discretion. You understand that TD may treat Feedback as nonconfidential.

7. Third-Party Sites

We are not responsible for Third-Party Sites, including any data the providers of Third-Party Sites may collect or process about you or any content or activity contained within any Third-Party Sites. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Sites are solely between you and the party that provides the Third-Party Sites. TD does not control or endorse, and makes no representations or warranties regarding, any Third-Party Sites, and your access to and use of such Third-Party Sites is at your own risk.

8. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless TD and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, “TD Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Actions”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to pay all fees, costs and expenses associated with defending Actions (including attorneys' fees) and you will cooperate with the TD Parties in defending such Actions. You also agree that TD Parties will have control of the defense or settlement, at TD's sole option, of any third-party Actions. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and TD or the other TD Parties.

9. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TD does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While TD attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

10. Limitation of Liability

(a) To the fullest extent permitted by applicable law, TD and the other TD Parties will not be liable to you under any theory of liability – whether based in contract, tort, negligence, strict liability, warranty, or otherwise – for any indirect, consequential, exemplary, incidental, punitive, non-foreseeable or special damages or lost profits, even if TD or the other TD Parties have been advised of the possibility of such damages.

(b) The total liability of TD and the TD Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount you paid (if any) to use our Services.

(c) The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of TD or TD Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, 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.

11. Release

To the fullest extent permitted by applicable law, you release TD and the other TD Parties from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. Dispute Resolution; Binding Arbitration

THIS SECTION 12 DOES NOT APPLY TO EUROPEAN REGION USERS.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TD TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TD FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TD AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TD AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 12(L) IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 12 apply to all Claims between you and TD. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and TD, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or our Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against TD or if TD has a Claim against you, you and TD will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and TD will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to TD by certified mail addressed to The Trade Desk, Attn: Claims Dept., 42 N. Chestnut Street, Ventura, CA 93001, or by email to [email protected]. TD will send any Claimant Notice to you by certified mail, email, text message, or using any other contact information you have provided to TD. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or TD cannot proceed to arbitration before the end of the Informal Resolution Period. If you or TD file a Claim in court or proceed to arbitration without providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the informal resolution process to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim shall be tolled for the duration of the Information Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or TD, including any disputes in which you or TD seek injunctive or other equitable relief for the alleged unlawful use of your or TD’s intellectual property or other infringement of your or TD’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 12(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these Terms.

If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between you and TD as modified by these Terms. For Claims that must be arbitrated by AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and TD as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or TD to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

(e) Arbitration Procedure and Location. You or TD may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM in accordance with the Rules (or with AAA in accordance with the Rules if applicable pursuant to Section 12(d)).

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to TD by certified mail addressed to The Trade Desk, Attn: Claims Dept., 42 N. Chestnut Street, Ventura, CA 93001, or by email to [email protected]. TD will send any demand for arbitration to you by certified mail or email using the contact information you have provided to TD.

The arbitration will be conducted by a single arbitrator in the English language. You and TD both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and TD agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the appliable Rules and these Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

(i) One Year to Assert Claims. To the extent permitted by law, any Claim by you or TD against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or TD will no longer have the right to assert that Claim.

(j) Confidentiality. If you or TD submits a Claim to arbitration, you and TD agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and TD agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(k) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or TD may advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter.

Coordinated Claims may only be filed in arbitration as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a Coordinated Claims from the time a compliant Claimant Notice has been received by a party until these Terms permit such Coordinated Claim to be filed in arbitration or court.

The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties shall select 50 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side shall select 25 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process.

A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid for by TD. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section 12 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 13.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

(l) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by email to [email protected]. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.

(m) Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by sending us notice of your rejection within 30 days of the change via email at [email protected]. Changes to Section 12 may only be rejected as a whole, and you may not reject only certain changes to Section 12. If you reject changes made to Section 12, the most recent version of Section 12 that you have not rejected will continue to apply.

(n) Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

(o) Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 12 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

13. Governing Law and Venue

If you are a consumer outside the European Region, any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New York except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York, USA.

If you are a consumer in the European Region, you may bring any dispute which may arise under these Terms to any competent court in the country of your main residence that has jurisdiction over your dispute, and the laws of that country will apply without regard to conflict of law provisions. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of local law that are afforded to you.

14. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

15. Amendments

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or instructing publishers of Third-Party Sites to provide such notice. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

16. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17. Miscellaneous

The failure of TD to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. You can contact us by submitting a web form here.