Let’s Talk LLC
TERMS OF USE
Last Updated – Effective Date: September 2, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USING THE SERVICES.
By using, accessing or installing the Services (defined below) or by clicking to accept or agree to these Terms of Use (“Terms of Use”) when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, the Medical Disclaimer available at www.letstalkpsychoanalysis.com/disclaimer, our Privacy Policy available at www.letstalkpsychoanalysis.com/privacy-policy and such other notices or supplements or disclaimers provided on Let's Talk LLC’s (“Let’s Talk”) website and associated with your use or access to Let’s Talk LLC (each and collectively, the “Privacy Policy”), and the Terms and Conditions (defined below) between Let’s Talk (defined below) and you (collectively, the “Agreement”), which are incorporated herein by reference. These Terms of Use govern all of Let’s Talks subsidiaries and affiliated entities.
IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, OUR MEDICAL DISCLAIMER, OUR PRIVACY POLICY, OR ANY TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICES, OR ACCEPT OR AGREE TO THESE TERMS OF USE. As explained further below, Let's Talk reserves the right to update these Terms of Use in its sole discretion at any time. Your continued use of the Services constitute your acceptance of such change(s).
IF YOU ARE A CLIENT (DEFINED below), YOUR TERMS AND CONDITIONS IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
PLEASE REGULARLY CHECK THE WEBSITE (defined below) TO VIEW THEN-CURRENT TERMS OF USE.
THESE TERMS OF USE ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 18 below (LIMITATION ON LIABILITY) AND SECTION 22 below (LIMITATION ON TIME TO FILE CLAIMS).
Introduction. Let's Talk LLC (“Let’s Talk”, the “Company”, “our”, “us”, “we”), provides a search platform in which Users may purchase a subscription in order to access a variety of resources related to education for psychoanalytic ideas at www.letstalkpsychoanalysis.com (the “Website”). Such services, including the Website, described herein or in the applicable terms and conditions (“Terms and Conditions”) between Let’s Talk and the holder (the “Client”) of the subscription (the “Subscription”) for Services thereunder, are referred to herein as the “Services”. Certain materials that comprise the Services in whole or part may also be available on a non-subscription basis to individual website users. Non-subscriber users are also subject to these Terms of Use and are referred to in these Terms of Use by the terms Client, you, or your.
Representations and Warranties. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Let’s Talk and meet all of the foregoing eligibility requirements. If you are accessing or using the Services on behalf of an entity or organization, (i) your use of the Services binds such entity or organization to these Terms of Use, (ii) the terms “you” and “your,” as used in these Terms of Use, our Privacy Policy, or any Terms and Conditions between Let’s Talk and you, and any other document or policy referenced in these Terms of Use, shall be deemed to mean both you, in your individual capacity, and the entity or organization on whose behalf you are accessing, using or contracting for the Services, and (iii) you represent and warrant that you are authorized by such entity or organization to access and use the Services, enter into the Terms of Use, our Privacy Policy, such Terms and Conditions, and any other document or policy referenced in these Terms of Use on behalf of such entity or organization and to bind such entity or organization to such terms, policies and documents. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THE SERVICES SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
Overview of the Services.
In General. In general, the Services are used and accessed by Clients. The Client enters into Terms and Conditions with Let’s Talk for a Subscription to the Services, pays applicable fees and expenses for the Subscription to the Services, and designates (through the Services) one or more Users. Users use the Client’s Subscription and are able to use the Services to the fullest extent. In some cases, Let’s Talk may offer free use of certain or all parts of the Services for promotional or other purposes.
Clients. The Client is party to Terms and Conditions with Let’s Talk, holds a Subscription for Services under the Terms and Conditions (“Subscription”), pays applicable fees and expenses to Let’s Talk under the Terms and Conditions unless provided complimentary or trial access to the Services, and designates Users.
The Terms and Conditions sets forth certain specific services to be provided by Let’s Talk, and specific terms for the Services, including the Subscription, fees (if any), and payment terms (if any), and, with respect to the Client’s Subscription may specify, among other things the maximum number of Users/Licensees for the subscription. The Client shall be jointly and severally liable for the actions of any and all Users during or in connection with the Client’s Subscription, including as set forth in Section 20 (Liability of the Client) below.
For the purposes hereof, (i) an “Affiliate” of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person; the term “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise; (ii) “Attend” means with respect to a Person, that Person’s attending, participating in, viewing, observing of, or accessing the Services with respect to, a Subscription; (iii) “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity; (iv) “Representative” means, with respect to a Person (including a business, entity or organization), that Person’s and its Affiliates' employees, officers, directors, members, managers, partners, consultants, independent contractors, service providers, subcontractors, and other agents and representatives; and (v) “User” means any Person who uses the Let’s Talk platform request of, a Registered User (including a business, entity or organization), that individual, in addition to the Registered User, will be deemed to be a “User”).
Registered Users. Each User of the Services must register with the Services in accordance with Section 5 (Accessing the Services, Registration and Account Security) below (a “Registered User”). You shall not, and shall cause each of your Representatives not to use or access the Services, unless you and any Person accessing the Services on your behalf each are Registered Users. You shall not, and shall cause each of your Representatives not to, permit any Person who is not a Registered User to use or access the Services.
Without limiting the foregoing, the Client shall not, and shall cause each of its Representatives State of Oregon not to permit any Person who is not a Registered User to access the Services. The Client is responsible for ensuring that each User is a Registered User.
For the avoidance of doubt, if a Representative of Let’s Talk accesses or uses the Services, he or she shall be deemed to be a “User”, his or her access and use of the Services shall be governed by these Terms of Use.
(k) Geographic Restrictions. Let’s Talk is based in the United States. We provide the Services for use by Persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, then you do so on your own initiative and at your own risk.
Accessing the Services, Registration and Account Security. We reserve the right to terminate, withdraw or amend the Services, any Subscription and any service or material we provide on the Services, in our sole discretion without notice. Except as set forth in an applicable Terms and Conditions, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, any Subscription, or the entire Website to Users (including Registered Users).
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all Persons who access the Services through your internet connection, Subscription, or equipment or at your direction are aware of these Terms of Use and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other Person. You also acknowledge that your account or registration with the Services is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account or registration with the Services from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have breached or violated any provision of these Terms of Use.
Intellectual Property Rights; License; Restrictions.
Except to the extent otherwise set forth in these Terms of Use or an applicable Terms and Conditions, Let’s Talk grants you a limited, revocable, non-exclusive, non-transferable, and personal right to access and use the Services and its contents, features and functionality (including but not limited to information, text, displays, images, video and audio, and the design, selection and arrangement thereof), materials and properties incorporated therein, including the Website, and all Intellectual Property Rights (defined below), to the extent permitted by the Services, and subject to these Terms of Use and the Terms and Conditions; and (ii) neither the Services nor any component thereof are sold to you by Let’s Talk.
Except to the extent otherwise set forth in these Terms of Use or Terms and Conditions, the Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), materials and properties incorporated therein, including the Website, the Mobile Application, and all Intellectual Property Rights are exclusively owned by Let’s Talk, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and you do not have under or in connection with these Terms of Use, any Terms and Conditions, or any other agreement or arrangement, any interest in any of the Services or any content, feature, functionality, material or property thereof or incorporated therein or in any related Intellectual Property Rights, subject only to the limited rights granted to you under (i) these Terms of Use and (ii) the Terms and Conditions .
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property, and all similar or equivalent rights or forms of protection, in any part of the world.
Representations, Warranties and Covenants of Users regarding Information and Intellectual Property. Without limiting any provision of these Terms of Use, each User, on behalf of itself, himself, or herself, and the Client, on behalf of and with respect to itself, and with respect to each User that uses or accesses the Services in connection with such Client’s Subscription, represents, warrants, and covenants to Let’s Talk that: (a) each such User (including the Client) is authorized to use the Services. The Client and the User shall be jointly and severally liable for any and all Losses incurred by any Let’s Talk Party arising out of or resulting from any breach by Client of this Section 8.
Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use and the Terms and Conditions.
You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
In any way that violates or infringes upon our Intellectual Property Rights or those of third parties.
In any way that constitutes harassment, violence, and behavior that intimidates, injures or is otherwise harmful to others when and if provided the opportunity to engage in content or Services features that invite or permit your participation or engagement with the Services.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use or the Terms and Conditions, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Monitoring and Enforcement. We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms of Use, or an applicable Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ITS SUBSIDIARIES AND THEIR RESPECTIVE LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Payments; Payment Processing. The payment terms are specific to the applicable Terms and Conditions.
Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User to the Services, or by anyone who may be informed of any of its contents. By using the Services you acknowledge and agree to the terms of the Medical Disclaimer.
Changes to the Services. We may update the content on the Services from time to time, but the Services’ content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
US Government Rights. The Website commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Data Protection and Privacy; Information about You and Your Visits to the Services.
Data Protection and Privacy. User privacy is important to us. Our Privacy Policy describes how we collect, use, and protect the information we collect from or about you. By using the Services, you understand and acknowledge that how we are handling your Personal Data is in our Privacy Policy and you agree that you have read and understand the Privacy Policy. We use commercially reasonable efforts to employ security measures in accordance with the Privacy Policy. You acknowledge that any security measures may be vulnerable to unauthorized access or use notwithstanding Let’s Talk’s efforts. In consideration of our provision of the Services, you accept the full risk of any security failures.
Information about You and Your Visits to the Services. All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
In addition, through automatic features of our platform, we monitor and track usage of the Services, including the number Users using or access the Services, the number of hours Users use or access the Services, and data or storage usage under, in connection with, or with respect to Client’s Subscriptions or accounts among other usage data. We may use such information for functionality, business purposes including but not limited to providing and improving our Services, compliance or security purposes, or for determining Clients’ fees and expenses, including for fees relating to subsequent or renewal terms under our Terms and Conditions.
Termination or Suspension of Subscription. In the event a Client’s use of the Services is terminated pursuant to the Terms and Conditions, or is suspended for any reason, each User’s use of and access to the Services with respect to that Client’s Subscription, and its license to use the Services, will terminate or be suspended.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will, including in connection with any function of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER OR MOBILE DEVICE PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, PLATFORM, NETWORK, SYSTEM, MOBILE APPLICATION OR THE SERVER OR SERVERS THAT MAKE ANY OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, OWNERS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS OR OTHER AGENTS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OR DIMINUTION OF VALUE OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify and hold harmless Let’s Talk, its affiliates, its subsidiaries, licensors and service providers, and its and their respective owners, officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, agents and other representatives, successors and assigns (“Let’s Talk Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) (“Losses”) arising out of or relating to your breach or violation of these Terms of Use, your Terms and Conditions, or your use of the Services, or any matter for which you are responsible or liable under these Terms of Use, or your Terms and Conditions, including, but not limited to any use of the Services' content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Liability of the Client. The User and the Client shall be jointly and severally liable for any and all Losses suffered or incurred by any Let’s Talk Party arising out of or resulting from any act or omission of the User under, in connection with, or relating to the Client’s Subscription, including any breach or violation by any User of these Terms of Use with respect to the Client’s Subscription, or any claim of infringement by any Person related to any intellectual property (or any Intellectual Property Right therein or thereto) used, displayed or disclosed by any User in connection with the Services.
Governing Law. All matters relating to the Services, these Terms of Use, including any policy or document referenced herein, including Privacy Policy, each Terms and Conditions between Let’s Talk and you, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS OF USE, OR ANY TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Equitable Remedies; Remedies Cumulative. You acknowledge that a breach or threatened breach by you or any of your Representatives of any of your, its, his, her or their obligations under these Terms of Use, or any Terms and Conditions, between Let’s Talk and you would give rise to irreparable harm to Let’s Talk, for which monetary damages would not be an adequate remedy, and hereby agrees that in the event of a breach or a threatened breach by such party of any such obligations, Let’s Talk, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond). Notwithstanding anything to the contrary in thee Terms of Use, or any Terms and Conditions, between Let’s Talk and you, the rights and remedies of Let’s Talk and each Let’s Talk Party under this these Terms of Use, and any Terms and Conditions, between Let’s Talk and you are cumulative and are in addition to and not in substitution for any other rights and remedies available under these Terms of Use, the applicable Terms and Conditions, at law or in equity, or otherwise.
Waiver. No waiver of by Let’s Talk of any term or condition set forth in these Terms of Use or any Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Let’s Talk to assert a right or provision under these Terms of Use or the Terms and Conditions, shall not constitute a waiver of such right or provision.
Severability. Should any provision of these Terms of Use or any Terms and Conditions be held or made invalid, the remainder of the Agreement shall not be affected thereby.
Miscellaneous. The division of these Terms of Use (or any policy or document referenced herein) or any Terms and Conditions (or any policy or document referenced therein), and the insertion of headings, are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use and the Terms and Conditions. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of these Terms of Use or any Terms and Conditions. The singular shall include the plural, and the masculine shall include the feminine and neuter, and vice versa. “Includes” or “including” shall mean “including without limitation.” The Recitals hereto are incorporated by reference into this Agreement. Except for parties whose liability is intended to be limited pursuant to Section 17 (Limitation of Liability) or parties intended to be indemnified or release pursuant to Section 18 (Indemnification), which Sections of the Terms of Use and this Agreement shall be for the benefit of and enforceable by such parties, none of the provisions of these Terms of Use or the Terms and Conditions (or the agreement, documents or policies incorporated therein) shall be for the benefit of or enforceable by any third party.
Survival. This Section 26 and Sections 2 (Representations and Warranties), 6 (Intellectual Property Rights), 7 (Representations and Warranties and Covenants of Users regarding Information and Intellectual Property), 11 (Reliance on Information Posted), 13 (US Government Rights), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Liability of the Client), 20 (Governing Law), 21 (Limitation on Time to File Claims), 22 (Equitable Remedies; Remedies Cumulative), 23 (Waiver), 24 (Severability), 25 (Miscellaneous) and 27 (Entire Agreement) shall survive the termination, expiration or cessation of your use or access of or to the Services, the Subscription under, in connection with, or relating to which you have or may use or access the Services, or any Terms and Conditions.
Entire Agreement. The Terms of Use, our Privacy Policy, and any Service Agreement, or other agreement between Let’s Talk and you (all of which are incorporated here by reference), constitute the sole and entire agreement between the Company and you with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, provided, however, that in the event of a conflict between a provision of these Terms of Use and a provision of a Service Agreement, the provision in the Service Agreement shall prevail.