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Elsemere, DE 19805
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ALL ASPECTS OF THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO BRING A CLAIM IN ANY COURT, INCLUDING BANKRUPTCY COURT, AND/OR TO BRING ANY CLASS CLAIMS. YOU UNDERSTAND THAT THIS AGREEMENT IS BINDING ON YOU, YOUR SUCCESSORS, AND ANY THIRD PARTY ASSERTING AN INTEREST ON YOUR BEHALF OR OTHERWISE IN YOUR STEAD. YOU UNDERSTAND THAT BANKRUPTCYANYWHERE.COM SENIOR HOLDCO LLC (“Bankruptcyanywhere.com”, “We”, or “Us”) IS AN “AUTHOR, PUBLISHER, DISTRIBUTOR AND SELLER OF WORKS SUBJECT TO COPYRIGHT PROTECTION UNDER TITLE 17” AND IS ACTING SOLELY IN THAT CAPACITY. ACCORDINGLY, PER 11 USC SECTION 101(12), WE ARE NOT A DEBT RELIEF AGENCY. MOREOVER, BANKRUPTCYANYWHERE.COM PREPARES NO DOCUMENTS AND IS NOT A PETITION PREPARER. WE PROVIDE YOU, THE END USER, WITH CERTAIN SOFTWARE TOOLS -- ALL OF WHICH ARE SUBJECT TO COPYRIGHT -- DESIGNED TO LET YOU PREPARE YOUR OWN PETITION. IT IS YOU WHO IS PREPARING THE PETITION AND OUR SOFTWARE MERELY STREAMLINES THE PROCESS. YOU ARE THE PREPARER. BANKRUPTCYANYWHERE.COM DISCLAIMS ALL LIABILITY FOR ANY ERRORS AND OMISSIONS. ANY ENTRIES ON THE PETITION ARE YOURS AND YOURS ALONE.
Carefully read this Agreement before using our website at www.bankruptcyanywhere.com (the "Website”). You are not permitted to access the Website unless you accept all of the terms and conditions contained in this Agreement.
Moreover, accessing or using the Website means you are agreeing to be bound by this Agreement and all of its terms as set forth herein. By logging in, you agree to any changes in the this Agreement made since your last login. This Website is for personal use and should not be used by any organization or petition preparer. If you are a Debt Relief Agency or Agent as defined in the U.S. Bankruptcy Code, you are expressly precluded from using this Website for any use other than for your own personal use.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
If you are under the age of 18, you may not use this Website.
Use of this Website is conditioned on complying with posted guidelines or rules applicable to such products or services, including but not limited to the evaluation section of the website. All such guidelines, or rules, are hereby incorporated by reference into this Agreement.
Neither BankruptcyAnywhere.com nor its representatives are engaged in rendering legal services or other such advice. You, and you alone, are responsible for ensuring that your official documents are correctly filled out and that your official documents are in keeping with all rules, regulations and laws that may be applicable to the same.
We are not providing investment advice through the Website, and the material on the Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of BankruptcyAnywhere.com or its affiliates.
PERSONAL AND NONCOMMERCIAL USE AND LICENSE
We may provide users with online bankruptcy preparation products and services and bankruptcy preparation information ("services and information") for personal, non-commercial use. We grant you access to the Website during the term of this agreement solely to receive the services and information.
Your eligibility for any of our particular products and services is subject to our final approval and acceptance.
Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Website. This information is solely for your own non-commercial, personal purposes necessary to receive the services and information provided on the Website, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website; or (iv) establish hyperlinks to any page other than the home page of the Website or create any frame containing any portion of the Website, on any other website or text document with hyperlink capabilities.
Further, you may not direct any other person to do any of the foregoing. You agree not to access the Website by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.
Website availability may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. You are responsible for your use of your Internet browser, the Website, and the services and information provided on the Website. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
You agree to review your bankruptcy petition for indications of errors prior to filing or printing your petition. You are also responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance phone charges) relating to your access and use of the Services, and for all expenses relating thereto (plus applicable taxes). You must use your valid debit or prepaid card BUT IN NO INSTANCE A CREDIT CARD OR OTHER DEBT INSTRUMENT to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable.
You are the only person authorized to use your user identification and password, and you shall not permit or allow other people to have access to or use the same. You are responsible for maintaining the confidentiality of your user identification and password. To the fullest extent permitted by applicable law, BankruptcyAnywhere.com has no obligation to store or maintain any information you provide to it, and you agree to print or save a copy of your petition for your records.
All content on the Website, including but not limited, text, graphics, logos, button icons, images, audio clips, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property the property of our licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content on the Website does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent and copyright laws and may subject such a violator to legal action.
The use of content from the Website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Website can be made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the Website content or other materials contained in the Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. BankruptcyAnywhere.com will not be liable to you or any third party for any termination of your access to the Website.
If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website.
You agree that any information you provide to us through the Website will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Website (or any portion thereof) and the services and information provided on the Website.
You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the services and information provided on the Website. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Website or (ii) (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
NO UNLAWFUL OR PROHIBITED USE
If you are under the age of 18, you may not use this Website.
As a condition of your use of this Website, you warrant to BankruptcyAnywhere.com that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends.
You may not without, our prior written permission, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not republish BankruptcyAnywhere.com content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
LINKS TO THIRD PARTY SITES
TRANSACTIONS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You release BankruptcyAnywhere.com from all liability for any loss associated with the use of any third-party service or item.
Moreover, our product is or can be sold by affiliates of Bankruptcyanywhere.com. While Bankruptcyanywhere.com does provide training and instruction to these affiliates, We disclaim any and all statements that deviate in any way from the training provided and we prohibit affiliates from making any such statements. You further agree that you have read this document and that you are not relying on any statements made outside this Website.
LINKS TO OUR WEBSITE
CHANGES TO WEBSITE
We may make improvements or changes in the information, services, products, and other materials on this Website or terminate this Website at any time for any or no reason and without notice.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify BankruptcyAnywhere.com of your copyright infringement claim in accordance with the following procedure. BankruptcyAnywhere.com will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, all notifications of claimed copyright infringement on the Website should be sent ONLY to our Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement: Corporate Counsel-Copyright BankruptcyAnywhere.com 922 NEW ROAD, FL. 2 Elsmere, DE 19805 email@example.com Under the DMCA, the notification of claimed infringement must include the following: An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest Identification of the copyrighted work (or works) that you claim has been infringed A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material Your name, address, telephone number, and e-mail address A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE DESIGNATED AGENT AS YOU WILL NOT RECEIVE A RESPONSE. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact BankruptcyAnywhere.com and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF BankruptcyAnywhere.com AND ANY OTHER PARTY AFFILIATED THEREWITH (JOINTLY) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND BankruptcyAnywhere.com CONTENT LICENSED FROM BankruptcyAnywhere.com. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BankruptcyAnywhere.com AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ACT OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE BankruptcyAnywhere.com OR THE PARTICIPATING PARTIES’ LIABILITY FOR PRODUCT LIABILITY CLAIMS THAT ARISE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES OR FOR BankruptcyAnywhere.com OR THE PARTICIPATING PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with BankruptcyAnywhere.com and limits the manner in which you can seek relief from us. Except for disputes in which you or BankruptcyAnywhere.com seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you (and all successors including trustees of your assets and any third party seeking to vindicate your rights for any purpose) and BankruptcyAnywhere.com waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Wilmington, DE in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and BankruptcyAnywhere.com agree that any dispute arising out of or related to these Terms or our Services is personal to you and BankruptcyAnywhere.com and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and BankruptcyAnywhere.com agree that these Terms affect interstate commerce and that the enforceability of this Section 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; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct 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. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and BankruptcyAnywhere.com agree that the state or federal courts of the State of Delaware and the United States sitting in Wilmington, DE have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND BankruptcyAnywhere.com WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name 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 the following laws of Delaware without reference to any choice of law principles and to be conducted in the District Court of the State of Delaware.
You assume responsibility for your purchase, and no refunds will be issued.
Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to conflicts of law provisions. Any legal action or proceeding between BankruptcyAnywhere.com and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Delaware, New Castle County.
Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.
Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right. Severability. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.
Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
Other. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
Information You Provide We collect personal information that you provide when you register for and use the Services: In order to purchase or download our bankruptcy petition software, you are required to complete the registration form that includes contact information (such as name, email address, and phone number) as well as answers to security questions.
If you decide to prepare or file a bankruptcy petition using the Services, we collect all the information you provide, including your Name and information about your employment, income, deductions, and any other information included in your petition. We refer to this information as "Bankruptcy Information."
If you upload a form or other file from your desktop or mobile device, we collect and store those files.
If you decide to purchase our products, we may request additional information, including payment information. If you pay using credit card, we -- or a PCMCIA compliant third party -- will collect financial information such as credit card number and expiration date.
When you use our technical support and customer service functions or otherwise contact our support staff, we collect information about the questions or concerns you submit.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address.
BankruptcyAnywhere.com collects information about your browser or device as it interacts with the Services. This information includes your IP address and device identification information. We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system version, and mobile network information. We may combine this automatically collected information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
We may use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
We use registration information and other information you provide to complete orders, to research and address any questions or problem submitted through our technical support and customer service systems, to send you technical notices, updates, and security alerts, as well as to notify you if there are issues with your order or when new/enhanced products and services become available. We may use your registration information to show you tailored advertising, to send you marketing messages, or if you choose to use our referral service to tell a friend about our site we will send your friend an email inviting him or her to visit the site.
We also use the information we collect to monitor and investigate fraud, identity theft, and other illegal activity and to personalize and improve the Services.
In certain situations, BankruptcyAnywhere.com may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also may share information about you as follows:
- With vendors, consultants and other service providers who are required to use and disclose such information only to perform services on our behalf;
- To law enforcement, government agencies and others if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of BankruptcyAnywhere.com or others; and
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. Examples may include, but are not limited to: the total number of users served by a BankruptcyAnywhere.com product/service, general age group ratios, and other statistical data relating to bankruptcy preparation.We may also share your personally identifiable information with business partners, affiliates or third parties that sell services and/or refer services that may be of interest to you. BankruptcyAnywhere.com owns the information you provide and we may distribute it in any way not prohibited by law. Further, BankruptcyAnywhere.com does not warrant any protection of this information. While the information will be held as privately as possible in keeping with the terms herein, BankruptcyAnywhere.com disclaims all warranties express and implied with respect to the handling of this data and your personal information.
Our Services may contain links to third party websites. Each of these links is clearly identified. We do not direct or oversee the policies, procedures, or other practices for companies other than BankruptcyAnywhere.com. We do not endorse the products and services that are offered by third party companies. Some of these third-party sites may collect information about you or request sensitive, personal information from you. If accessing a third party site via a link you will be subject to the policies and procedures that have been established by the third party. We encourage you to review their privacy policies to learn more about what information is collected, how it is used, and how it is stored.
We may periodically send you communications about new products, services, or upcoming events. You may choose to be removed from our email mailing list by following the instructions in those emails or by contacting BankruptcyAnywhere.com using one of the methods listed at the top of this page (email, phone, or mail) to request that you be removed from our marketing list. Note, however, that even if you opt out of receiving marketing communications, we will still contact you for non-marketing purposes (such as account information, legal notices, account security, bug alerts, and/or changes that may impact your ability to use BankruptcyAnywhere.com products and services).
We work to protect your personal information from loss, misuse, or unauthorized alteration by using appropriate and generally accepted safeguards, procedures, and practices. These safeguards include programs and specifications for physical security; computer and communication security measures; and other measures to restrict access to the data we hold in physical and electronic forms. For example, your sensitive information, such as credit card information, is encrypted when it is transmitted to us. Your access to the Services is password-protected. You should use a unique password and should not share your password with anyone.
We partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt out of interest-based ads by sending us a written, signed letter at our Post Office Box 181, Bear, DE 19701. Please note this does not opt you out of being served ads. You will continue to receive ads but they will not be targeted to your email@example.com