We reserve the right to refuse any order placed through
the
Services. We may, in our sole discretion, limit or cancel quantities purchased per
person,
per household, or per order. These restrictions may include orders placed by or under
the
same customer account, the same payment method, and/or orders that use the same billing
or
shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment , appear to be placed by dealers, resellers, or distributors.
5. Policy
All sales are final and no refund will be issued.
6. Prohibited Activities
You may not access or use the Services for any purpose
other than that for which we make the Services available. The Services may not be used
in connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content
from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission
from us.
- Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as
user passwords.
- Circumvent, disable, or otherwise interfere
with security-related features of the Services, including features that
prevent or restrict the use or copying of any Content or enforce limitations
on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
- Use any information obtained from the Services
in order to harass, abuse, or harm another person.
- Make improper use of our support services or
submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with
any applicable laws or regulations.
- Engage in unauthorized framing of or linking
to the Services.
- Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use
of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of
the Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary
rights notice from any Content.
- Attempt to impersonate another user or person
or use the username of another user.
- Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms" ).
- Interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Services to
you.
- Attempt to bypass any measures of the Services
designed to prevent or restrict access to the Services, or any portion of
the Services.
- Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services.
- Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make
purchases on the Services.
- Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by electronic
or other means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses .
- Use the Services as part of any effort to
compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to
sell goods and services.
- Sell or otherwise transfer your profile.
7. User Generated Contributions
The Services does not offer users to submit or
post content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may
be viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated in accordance with the
Services' Privacy Policy. When you create or make available any Contributions,
you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services and
these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
8. Contribution License
You and Services agree that we may access, store, process,
and use any information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the
Services. You are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
9. Mobile Application License
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the App for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an "App Distributor" ) to access the Services:
(1) the license granted to you for our App is limited to a non-transferable license to use
the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as otherwise required
under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in
the event of any failure of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not
located in a country that is subject to a US government embargo, or that has been designated
by the US government as a "terrorist supporting" country and (ii) you are not listed on any
US government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in
these Legal Terms, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party beneficiary thereof.
10. Third Party Websites And Content
The Services may contain (or you may be sent via the Site or
App)
links to other websites ( "Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software, and
other
content or items belonging to or originating from third parties ("Third-Party Content" ).
Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party
Websites accessed through the Services or any Third-Party Content posted on, available
through,
or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party
Websites or
the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of
any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to
use
or install any Third-Party Content, you do so at your own risk, and you should be aware
these
Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services
or
relating to any applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively
between
you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us blameless from
any
harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in
any
way from any Third-Party Content or any contact with Third-Party Websites.
11. Services Management
We reserve the right, but not the obligation, to: (1) monitor
the
Services for violations of these Legal Terms; (2) take appropriate legal action against
anyone
who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion
and
without limitation, refuse, restrict access to, limit the availability of, or disable (to
the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our
sole discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome
to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights
and property and to facilitate the proper functioning of the Services.
12. Privacy Policy
We care about data privacy and security. Please review our
Privacy Policy:
https://boatbuddy.site/privacy.html
. By
using the Services, you agree to be bound by our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in the United States . If you
access the Services from any other region of the world with laws or other requirements
governing
personal data collection, use, or disclosure that differ from applicable laws in the United
States , then through your continued use of the Services, you are transferring your data to
the
United States , and you expressly consent to have your data transferred to and processed in
the
United States .
13. Term and Termination
These Legal Terms shall remain in full force and effect while
you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE
OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are
prohibited from registering and creating a new account under your name, a fake or borrowed
name,
or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Modifications and Interruptions
We reserve the right to change, modify, or remove the
contents of
the Services at any time or for any reason at our sole discretion without notice. However,
we
have no obligation to update any information on our Services. We will not be liable to you
or
any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all
times.
We may experience hardware, software, or other problems or need to perform maintenance
related
to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any
reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to
obligate us to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
15. Governing Law
These Legal Terms are governed by and interpreted following
the
laws of the Netherlands , and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence is in the EU,
and
you are a consumer, you additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. BoatBuddy and yourself both agree to
submit
to the non-exclusive jurisdiction of the courts of Amsterdam, which means that you may make
a
claim to defend your consumer protection rights in regards to these Legal Terms in
theNetherlands , or in the EU country in which you reside.
16. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the
other
Party.
Binding Arbitration
Any dispute arising from the relationships between the
Parties to
these Legal Terms shall be determined by one arbitrator who will be chosen in accordance
with
the Arbitration and Internal Rules of the European Court of Arbitration being part of the
European Centre of Arbitration having its seat in Strasbourg, and which are in force at the
time
the application for arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Amsterdam, Netherlands. The language of the
proceedings shall be English. Applicable rules of substantive law shall be the law of the
Netherlands.
Restrictions
The Parties agree that any arbitration shall be limited to
the
Dispute between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or authority
for
any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
and
(c) there is no right or authority for any Dispute to be brought in a purported
representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to
the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual
property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate
any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
17. Corrections
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing,
availability,
and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without prior
notice.
18. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY,
BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. Indemnification
You agree to defend, indemnify, and hold us harmless,
including
our subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of
the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a third
party,
including but not limited to intellectual property rights; or (5) any overt harmful act
toward
any other user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of
any
such claim, action, or proceeding which is subject to this indemnification upon becoming
aware
of it.
21. User Data
We will maintain certain data that you transmit to the
Services
for the purpose of managing the performance of the Services, as well as data relating to
your
use of the Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken
using the Services. You agree that we shall have no liability to you for any loss or
corruption
of any such data, and you hereby waive any right of action against us arising from any such
loss
or corruption of such data.
22. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing
online
forms constitute electronic communications. You consent to receive electronic
communications,
and you agree that all agreements, notices, disclosures, and other communications we provide
to
you electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights
or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
23. California Users and Residents
If any complaint with us is not satisfactorily resolved, you
can
contact the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. Miscellaneous
These Legal Terms and any policies or operating rules posted
by
us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision
of
these Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms
operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision
or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and does
not
affect the validity and enforceability of any remaining provisions. There is no joint
venture,
partnership, employment or agency relationship created between you and us as a result of
these
Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may
have
based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto
to execute these Legal Terms.