Terms of Sale

Last updated: January 22, 2026

IMPORTANT – READ CAREFULLY: These Throne Terms of Sale (“Term”) form a binding agreement between you and Throne, Inc., a Delaware corporation (“Throne” or “we” or “us”). Your purchase of the Throne device (“Device”) or any other products (collectively, the “Products”) from the Throne website (the “Site”) constitutes your acceptance of these Terms. Your use of the Products is governed by these Terms and the Throne Terms of Service (currently available at thronescience.com/pages/terms-of-service), which is hereby incorporated into and made part of these Terms. These Terms hereby also incorporate by this reference any additional terms and conditions or policies referenced in these Terms. If there is any conflict between these Terms and the Throne Terms of Service, these Terms will control.

BY PURCHASING THE PRODUCTS, YOU AFFIRM THAT YOU ARE EITHER OF LEGAL AGE OR, IF YOU ARE NOT, THAT YOU HAVE RECEIVED PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO ENTER INTO THESE TERMS.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

These Terms apply to the purchase and sale of Products through Site. We may change these Terms from time to time, upon reasonable notice (which may include posting an updated version of these Terms on the Services (as defined in the Throne Terms of Service)). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. The “Last Modified” legend above indicates when these Terms were last changed.

JURISDICTIONAL ISSUES. The Device is designed and tested for use in the United States and is not designed and tested for use in all countries. If you choose to use the Device, you choose to do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Device is not designed for use in all countries and some or all of the features of the Device may not work or be appropriate for use in all countries.
ORDER ACCEPTANCE AND CANCELLATION. Orders for Products may only be placed for shipment within the United States. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by Throne, or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Throne and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email.
PRICES AND PAYMENT TERMS. All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment listed in our shopping cart, including most major credit cards, for all purchases. You represent and warrant that (i) the credit card or other payment method information (“Payment Info”) you supply to us is true, correct, and complete, (ii) you are duly authorized to use such Payment Info for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
PAYMENT PROCESSING. You acknowledge and agree that our Services rely on third-party payment processors to facilitate transactions. You authorize us to supply your payment card details to third party payment processors for purposes of processing payments on our Services. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we will not be responsible for paying any charges or fees imposed by your payment card provider or bank. If our payment processors experience technical issues or delays in processing payments, we may suspend your access to the Services. We disclaim any liability for issues arising from the performance or failure of our payment provider(s). You may be subject to terms and conditions governing use of our third-party payment processor’s service and their privacy policy.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS. All Products will be packaged and shipped in the manner Throne deems most appropriate to ensure the safety of the Product. Throne will use commercially reasonable efforts to meet any delivery dates scheduled or acknowledged but will not be liable for any failure to meet such dates. Risk of loss or damage and title to the Products will pass to you immediately upon delivery to carrier, subject to Throne’s purchase money security interest in such Products as described below. Title will not pass to you as to any intellectual property rights of Throne, including, without limitation, any intellectual property rights relating to the hardware or software embodied in the Product. CUSTOMER’S USE OF THRONE SOFTWARE WITHIN OR IN CONNECTION WITH THE PRODUCTS (INCLUDING THE SERVICES) IS NOT GOVERNED BY THESE TERMS BUT IS SUBJECT TO THE TERMS AND CONDITIONS OF THRONE’S TERMS OF SERVICE. Throne reserves the right to ship Products in partial installments against a purchase order due to Product or component availability issues or any other reason, and Customer may not cancel an order due to partial shipment status of Product(s). Throne will ship the Products via its approved carriers. Throne assumes no risk and is not liable for any failure to perform or delay in performing under these Terms, which is due to circumstances beyond its reasonable control, including, without limitation, governmental regulations, accidents, labor disputes, weather delays, pandemics, epidemics, earthquakes, fire, flood, and other acts of nature. If Throne’s ability to supply Products becomes constrained, for any reason whatsoever, Throne may reduce quantities, delay shipments or performance, or allocate Products among its customers at its sole discretion.
REFUNDS. Orders are refundable if requested before your order ships. Returns of unopened Product are eligible for a full refund within thirty (30) days of shipping. To request a refund, contact our Customer Support Team at support@thronescience.com with your order details.
DISCOUNT AND PROMO CODES. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for discounts or other benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Throne communications channels or otherwise sanctioned by Throne (such as through our affiliates program) are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
RESALE RESTRICTION. Purchases made on the Site are intended for personal use only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale.
LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. WE WARRANT THAT FOR ONE (1) YEAR AFTER PURCHASE (“WARRANTY PERIOD”), THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. This limited warranty extends only to the original purchaser of products from the Site. With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either: (i) replace such Products free of charge or (ii) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the replacement Product to you if we elect to replace the defective Products. To make a warranty claim, you must (a) contact us with an explanation of the issue and your proof of purchase; (b) include any identifying information provided by use (such as RMA number) in the manner required by Throne.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THRONE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRONE AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS; AND/OR (IV) USE OF OR INABILITY TO USE THE PRODUCTS. IN NO EVENT SHALL THRONE OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE APPLICABLE PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THRONE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BUT DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW, OR IN CONNECTION WITH THRONE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
SOME STATES AND JURISDICTIONS, DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No Medical Advice. The Device and all of the material provided through the Device and the Services, including reports, such as text, graphics, photographs, images, messages and any other materials, are for informational purposes only and are not a substitute for professional medical advice or treatment or the services of properly trained and licensed individuals, including without limitation physicians or other clinicians. Throne is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services that any patient or other individual may obtain or receive in connection with the Device; or for the accuracy, completeness, or suitability of any data, information, or other content used or received in connection with the Device. Please seek the advice of your physician or other qualified health care provider for any questions you may have regarding your health. Throne does not promise any particular results with regards to your health in connection with use of the Device. If you think you have a medical emergency, call your doctor or your local emergency phone number immediately.
You should always consult a qualified and licensed health care professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise and athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. The Services and any Reports, whether provided by Throne or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or (ii) a visit, call, or consultation with your doctor or other medical professionals.
THE SERVICES HAVE NOT BEEN REVIEWED BY OR RECEIVED MARKETING AUTHORIZATION FROM THE U.S. FOOD AND DRUG ADMINISTRATION. THE SERVICES DO NOT AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, MONITOR, TREAT OR ALLEVIATE DISEASE, DIAGNOSE, MONITOR, TREAT, ALLEVIATE OR COMPENSATE FOR AN INJURY OR HANDICAP, INVESTIGATE, REPLACE OR MODIFY THE ANATOMY OF A PHYSIOLOGICAL PROCESS, CONTROL CONCEPTION, OR ACHIEVE ITS PRIMARY INTENDED PURPOSE IN OR ON THE HUMAN BODY BY CHEMICAL, PHARMACOLOGICAL, IMMUNOLOGICAL OR METABOLIC MEANS, EVEN IF IT IS ASSISTED IN ITS FUNCTION BY SUCH MEANS. YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH CONDITION, AND ANY MEDICAL DECISIONS SHOULD ONLY BE MADE IN CONSULTATION WITH YOUR DOCTOR.
THE SERVICES ARE DESIGNED FOR GENERAL WELLNESS AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASES OR CONDITIONS. ANY CHANGES TO MEDICATION, NUTRITION, OR WORKOUTS SHOULD NOT BE MADE WITHOUT FIRST CONSULTING WITH A DOCTOR OR ANOTHER HEALTH CARE PROFESSIONAL.
If you have any medical questions, please call or see your doctor or other health care provider. You should never disregard medical advice or delay in seeking medical advice because of any Reports presented on the Services.
Release of Liability. In consideration of being allowed to use the Products, you hereby release, waive, and forever discharge Throne, its affiliates, and its and their respective officers, directors, employees, agents, successors, and assigns from all liabilities, claims, actions, damages, losses, costs, and expenses (including attorneys' fees) of any kind or nature, whether arising in law or equity, directly or indirectly related to or arising from use, of the Products, including, but not limited to, personal injury and property damage. If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says: “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.”
GOODS NOT FOR RESALE OR EXPORT. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
FORCE MAJEURE. Throne will not be liable under these Terms to the extent caused by any event or occurrence beyond Throne’s control.
GOVERNING LAW. Any dispute arising from these Terms and your use of our Products will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Texas 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 or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas.
DISPUTE RESOLUTION; BINDING ARBITRATION. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. Except as expressly contemplated in the subsection entitled “Batch Arbitration,” no class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. Except as expressly contemplated in the subsection entitled “Batch Arbitration, you and Throne agree that any dispute arising out of or related to these Terms or our Products is personal to you and Throne and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
1. Arbitration of Disputes. Except for small claims disputes in which you or Throne seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Throne seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Throne waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Products resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to our Products, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at legal@thronescience.com or by certified mail addressed to 1301 South 1st Street, Austin, TX 78704. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Throne cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Unless you and Throne otherwise agree or the Batch Arbitration process discussed in Section 16(e) is triggered, arbitration proceedings will be held in Travis County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
2. You and Throne agree that these Terms affect interstate commerce and that the enforceability of this Section ‎16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
3. The arbitrator, Throne, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
4. You and Throne agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by Throne, we will pay all JAMS fees and costs. You and Throne agree that the state or federal courts of the State of Texas and the United States sitting in Travis County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
5. Batch Arbitration.
  1. To increase the efficiency of administration and resolution of arbitrations, you and Throne agree that in the event that there are 100 or more individual Notices of a substantially similar nature filed against Throne by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Notices per batch (plus, to the extent there are less than 100 Notices left over after the batching described above, a final batch consisting of the remaining Notices); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
  2. All parties agree that Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Throne.
  3. You and Throne agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Notices, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
  4. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
6. Any claim arising out of or related to these Terms or our Products must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Throne will not have the right to assert the claim.
7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section ‎13.2 by sending an email to legal@thronescience.com. In order to be effective, the opt-out notice must include your full name and address and 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 15.
8. If any portion of this Section ‎‎16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section ‎16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) 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, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section ‎16 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 ‎16 will be enforceable.
MISCELLANEOUS. The parties expressly agree that they do not intend for these Terms to be interpreted as an employment, agency, joint venture or partnership relationship. You will send any notices to Throne by any of the following: email; prepaid first class recorded delivery by U.S. postal mail; overnight delivery; or service of process to 1301 South 1st Street, Austin, TX 78704. Throne will send any notices to you by any of the following: through the Services; email; prepaid first class recorded delivery by U.S. postal mail; overnight delivery; or service of process to any address on file. Throne will not be liable under these Terms to the extent caused by any event or occurrence beyond Throne’s control. You will not assign or transfer any rights or obligations under these Terms without the prior written consent of Throne; any such attempted assignment or transfer will be void. Throne may assign or transfer these Terms, in whole or in part, without restriction. Neither party’s waiver of any breach of these Terms constitutes a waiver of that provision in any other instance. No rights under these Terms may be waived, in whole or in part, except in writing signed by the parties. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms contains the entire understanding of the parties relating to its subject matter, supersedes all earlier agreements, understandings, proposals, discussions, negotiations, representations and warranties, both written and oral, regarding its subject matter. If any term of these Terms is held invalid or unenforceable for any reason, the remainder of the term and these Terms will continue in full force and effect.