Terms and Conditions
Terms & Conditions
Effective Date: March 21st, 2022
Site Covered: www.MyOldStove.com
plus ancillary parts/sites/
THE AGREEMENT: The use of this website and services on this
website provided by Watson DD, LLC (hereinafter referred to as
"Company") are subject to the following Terms & Conditions
(hereinafter the "Agreement"), all parts and sub-parts of which are
specifically incorporated by reference here. This Agreement shall govern the
use of all pages on this website (hereinafter collectively referred to as
"Website") and any services provided by or on this Website
("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined
as follows:
a) Company, LLC, Us, I, We: The Company, as the creator,
operator, author(s) and publisher of the Website, makes the Website, and
certain Services on it, available to users. Watson DD, LLC, Company, LLC, Us, I,
We, Our, Ours and other first-person pronouns will refer to the Company, as
well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the
Website, will be referred to throughout this Agreement with second-person
pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the
Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and
reviewed this Agreement and that You agree to be bound by it. If You do not
agree to be bound by this Agreement, please leave the Website immediately.
The Company only agrees to provide use of this Website and Services to You if
You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this
Website or any Services contained herein. By using this Website, You represent
and warrant that You are at least 18 years of age. The Company assumes no
responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a
result of Your use of the Website or Services. Such information may include,
but is not limited to, documentation, data, or information developed by the
Company, and other materials which may assist in Your use of the Website or
Services ("Company Materials"). Subject to this Agreement, the
Company grants You a non-exclusive, limited, non-transferable and revocable
license to use the Company Materials solely in connection with Your use of the
Website and Services. The Company Materials may not be used for any other
purpose, and this license terminates upon Your cessation of use of the Website or
Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the
Company are the property of the Company, including all copyrights, trademarks,
trade secrets, patents, and other intellectual property ("Company
IP"). You agree that the Company owns all right, title and interest in and
to the Company IP and that You will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Company.
a) In order to make the Website and Services available to You,
You hereby grant the Company a royalty-free, non-exclusive, worldwide license
to copy, display, use, broadcast, transmit and make derivative works of any
content You publish, upload, or otherwise make available to the Website
("Your Content"). The Company claims no further proprietary rights in
Your Content.
b) If You feel that any of Your intellectual property rights
have been infringed or otherwise violated by the posting of information or
media by another of Our users, please contact Us and let Us know by email at: MyyOldStove@Gmail.com.
c) Training content may contain the trade names or
trademarks of various third parties, and if so, any such use is solely for
illustrative purposes only. All product and company names are trademarks™ or
registered® trademarks of their respective holders. Use of them does not imply
any affiliation with, endorsement by, or association of any kind between them
and MyOldStove.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to
register with Us. When You do so, You will choose a user identifier, which may
be Your email address or another term, as well as a password. You may also
provide personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not share
such identifying information with any third party, and if You discover that
Your identifying information has been compromised, You agree to notify Us
immediately in writing. Email notification will suffice. You are responsible
for maintaining the safety and security of Your identifying information as well
as keeping Us apprised of any changes to Your identifying information.
Providing false or inaccurate information or using the Website or Services to
further fraud or unlawful activity is grounds for immediate termination of this
Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any
unlawful purpose, or any purpose prohibited under this clause. You agree not to
use the Website or Services in any way that could damage the Website, Services,
or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate
any person's legal rights;
II) To violate any intellectual property rights of the
Company or any third party;
III) To upload or otherwise disseminate any computer viruses
or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling,
sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory
material;
VII) To publish or distribute any material that incites
violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
8) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in
affiliate marketing whereby the Company receives a commission on or percentage
of the sale of goods or services on or through the Website. The Company may
also accept advertising and sponsorships from commercial businesses or receive
other forms of advertising compensation. This disclosure is intended to comply
with the US Federal Trade Commission Rules on marketing and advertising, as
well as any other legal requirements which may apply.
We are or may become a participant in the Amazon Services
LLC Associates Program, an affiliate advertising program designed to provide a
means for us to earn fees by linking to Amazon.com and affiliated sites. Purchases made through such links may result
in a small commission for MyOldStove (at no extra cost for you).
9) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may
provide Us with certain information. By using the Website or the Services, You
authorize the Company to use Your information in the United States and any
other country where We may operate.
a) Information We May Collect or Receive: When You register
for an account, You provide Us with a valid email address and may provide Us
with additional information, such as Your name or billing information.
Depending on how You use Our Website or Services, We may also receive
information from external applications that You use to access Our Website, or
We may receive information through various web technologies, such as cookies,
log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered
from You to ensure Your continued good experience on Our website, including
through email communication. We may also track certain aspects of the passive
information received to improve Our marketing and analytics, and for this, We
may work with third-party providers. (For
example, We notice one page that no one stays on. We would like to know why, so
we make a change and monitor the traffic until we get the issue corrected. All
conducted in an aggregated and de-personalized manor……In another example, if we
suspect a shipping/order error we may need to look up a customer’s information
to make any correction. In order to provide good service.)
c) How You Can Protect Your Information: If You would like
to disable Our access to any passive information We receive from the use of
various technologies, You may choose to disable cookies in Your web browser.
If you disable cookies off, some features will be disabled.
It will turn off some of the features that make your site experience more
efficient and some of our services will not function properly.
Please be aware that
the Company will still receive information about You that You have provided,
such as Your email address. If You choose to terminate Your account, the
Company will store information about You for a maximum of the following number
of days: 90. At that time, it will be
deleted if not deleted sooner. Accounts that are inactive over one year will be
deleted as time permits.
d) Legal and Safety: We may also retain, preserve, or
release your personal information to a third party in the following limited
circumstances: in response to lawful requests by public authorities, including
to meet legitimate national security or law enforcement requirements; to
protect, establish, or exercise our legal rights or defend against impending or
asserted legal claims, including to collect a debt, or a material violation of
our policies (including our Intellectual Property Policy); to comply with a
subpoena, court order, legal process, regulation, or other legal requirement;
or when we believe in good faith that such disclosure is reasonably necessary
to comply with the law, prevent imminent physical harm or financial loss, or
investigate, prevent, or take action regarding illegal activities, suspected
fraud, threats to our rights or property, or violations of Our Terms of
Use. (For example, if permitted due
to the forgoing circumstances, your information may be shared with tax
authorities or other governmental agencies.) In the cases set out above, our use of your
information may be necessary for the purposes of our or a third party’s
legitimate interest in keeping our Services secure, preventing harm or crime,
enforcing or defending legal rights, or preventing damage. Such use may also be
necessary to comply with a legal obligation, a court order, or to exercise or
defend legal claims or to facilitate the collection of taxes and prevention of
tax fraud. It may also be necessary in the public interest (such as to
prevent crime) or to protect vital interests (in rare cases where We may
need to share information to prevent loss of life or personal injury).
If We receive a lawful, verified
request for a member’s records or information in one of the limited circumstances
described in the previous paragraph, We may disclose personal information,
which may include, but may not be limited to, a member’s name, address, phone
number, email address, company/trading name and, where appropriate, bank
account and transaction details.
e) How do we
protect the information we receive?
Our site is
reviewed on a regular basis for security vulnerabilities in order to make Your
visit to our site as safe as possible.
Your personal
information is contained behind secured networks and is only accessible by a
limited number of persons who have special access rights to such systems, and
are required to keep the information confidential. In addition, all
sensitive/credit information you supply is encrypted via Secure Socket Layer
(SSL) technology. We do not store credit/debit card information on our systems.
We implement a
variety of security measures when a user places an order enters, submits, or
accesses their information to maintain the safety of your personal information.
All
transactions are processed through a gateway provider and are not stored or
processed on our servers.
f) How can you
opt out, remove or modify information you have provided to us?
You can request
to have your information removed by terminating Your account. Also, you may
contact us by email: MyyOldStove@Gmail.com.
g) Third party
Links
These third-party
sites have separate and independent privacy policies. We therefore have no
responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome
any feedback about these sites.
You may contact
us by email: MyyOldStove@Gmail.com.
h) Transfer of Your Personal
Information
Your information, including
personal information, may be transferred to — and maintained on — computers
located outside of your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from your
jurisdiction.
We will take
all steps reasonably necessary to ensure that your data is treated securely and
in accordance with this Privacy Policy and no transfer of your personal
information will take place to an organization or a country unless there are
adequate controls in place including the security of your data and other
personal information.
i) Disclosure of
Your Personal Information
If we are
involved in a merger, acquisition or asset sale, your personal information may
be transferred. We will provide notice before your personal information is
transferred and becomes subject to a different Privacy Policy.
j) Information
Regarding Your Data Protection Rights Under General Data Protection Regulation
(GDPR)
For the purpose
of this Privacy Policy, we are a Data Controller of your personal information.
If you are from
the European Economic Area (EEA), our legal basis for collecting and using your
personal information, as described in this Privacy Policy, depends on the
information we collect and the specific context in which we collect it. We may
process your personal information because:
We need to perform a contract with you,
such as when you create a Policy with us
You have given us permission to do so
The processing is in our legitimate
interests and it's not overridden by your rights
For payment processing purposes
To comply with the law
If you are a
resident of the European Economic Area (EEA), you have certain data protection
rights. In certain circumstances, you have the following data protection
rights:
The right to access, update or to delete
the personal information we have on you
The right of rectification
The
right to object
The right of restriction
The right to data portability
The right to withdraw consent
Please note
that we may ask you to verify your identity before responding to such requests.
Please terminate your account fast erasure or contact us by email. MyyoldStove@gmail.com
You have the
right to complain to a Data Protection Authority about our collection and use
of your personal information. For more information, please contact your local
data protection authority in the European Economic Area (EEA). If you are
displeased with us over data protection, please stop using this site.
k) "Do Not
Sell My Personal Information" Notice for California consumers under
California Consumer Privacy Act (CCPA)
Under the CCPA,
California consumers have the right to:
Request that a business that collects a
consumer's personal data disclose the categories and specific pieces of
personal data that a business has collected about consumers.
Request that a business delete any personal
data about the consumer that a business has collected.
Request that a business that sells a
consumer's personal data, not sell the consumer's personal data.
If you make a request, we have
one month to respond to you. If you would like to exercise any of these rights,
please contact us by email MyyOldStove@gmail.com
or just terminate your account.
l) We are not in the business
of selling your personal data, what third party websites or other services
do is beyond our ability to control. We ask and they assure us, but what they
will do is unknown. That is why We have a policy stating any Services provided
by Us are on an "As Is" no warranty basis. Please see item’s (10, 14,
17, 22 & 23).
If you are displeased with us
over data protection, please stop using this site.
10) ASSUMPTION OF RISK
The Website and Services are provided for communication
purposes only. You acknowledge and agree that any information posted on Our
Website is not intended to be legal advice, medical advice, or financial
advice, and no fiduciary relationship has been created between You and the
Company. You further agree that Your purchase of any of the products on the
Website is at Your own risk. The Company does not assume responsibility or
liability for any advice or other information given on the Website.
11) SALES
The Company may sell goods or services or allow third
parties to sell goods or services on the Website. The Company undertakes to be
as accurate as possible with all information regarding the goods and services,
including product descriptions and images. However, the Company does not
guarantee the accuracy or reliability of any product information, and You acknowledge
and agree that You purchase such products at Your own risk. For goods or
services sold by others, the Company assumes no liability for any product and
cannot make any warranties about the merchantability, fitness, quality, safety
or legality of these products. For any claim You may have against the
manufacturer or seller of the product, You agree to pursue that claim directly
with the manufacturer or seller and not with the Company. You hereby release
the Company from any claims related to goods or services manufactured or sold
by third parties, including any, and all warranty or product liability claims.
12) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase
from Us, and You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email and
shipping address, as well as valid billing information. We reserve the right to
reject or cancel an order for any reason, including errors or omissions in the
information that You provide to us. If We do so after payment has been
processed, We will issue a refund to You in the amount of the purchase price.
We also may request additional information from You prior to confirming a sale,
and We reserve the right to place any additional restrictions on the sale of
any of Our products. You agree to ensure payment for any items You may purchase
from Us, and You acknowledge and affirm that prices are subject to change. For
the sale of physical products, We may preauthorize Your credit or debit card at
the time You place the order, or We may simply charge Your card upon shipment.
You agree to monitor Your method of payment. Shipment costs and dates are
subject to change from the costs and dates that You are quoted due to
unforeseen circumstances. For any questions, concerns, or disputes, You agree
to contact Us in a timely manner at the following: MyyOldStove@Gmail.com.
If You are unhappy with anything You have purchased on Our
Website, You may do the following:
All returns will be required to process a purchase return
authorization for each return. Please contact us by email so we can keep a
record; please include the address it was shipped to, a copy of the receipt,
the date ordered. Returns without an authorization number may be issued a
return to sender.
We hope you will be pleased with your purchase. Should you
wish to return anything bought from us, we will be happy to refund or exchange
a product provided it is in a fully resalable condition and not listed below.
(fully resalable condition as determined by us as the sole arbiter.)
Returns should be made within a resalable time (7 days of
receipt) and in original, undamaged packaging. If we find that the product has
not been returned to us in a fully resalable condition, we reserve the right to
refuse a refund.
If you are returning an item because of an error on our part
or because it is defective, we will refund the delivery charge incurred in
sending you the item (if any).
We are not responsible for items lost in/during shipping; we
highly suggest using tracking offered by the carrier of your choice. You are
responsible for the cost of the return postage which is non-refundable.
We only offer refunds onto the original payment method used
to make the order. After two returns we reserve the right to suspend or close
your account.
Nonrefundable items include: ***
Sale items. ***
Food or perishables.
***
Goods or items made to order or customized. ***
Goods of a personal nature that have been opened. For example; underwear, toothbrushes and the
like. (would you want us to ship you a toothbrush that was opened and returned
by another customer?)
Items we offered in a contest or promotion. ***
The credit card company refuses to refund the card. ***
(Sometimes the credit card company’s refuse to refund for
reasons listed below.)
Common reasons for declines:
Card account is closed.
Card account is frozen due to fraud.
Card account does not support refunds (ex. some prepaid
cards).
Most refunds are processed within 14 working days of receipt
of goods from you, but it can take up to 60 days, possibly longer if a disaster
of some type affects us. (we do have the occasional hurricane, flood and severe
winter cold. On more than one occasion we have suffered extended power and
internet loss of service)
Currently we do not offer exchanges, in order to have
efficient operations/processes we only offer returns. On request we may offer
store credit, we do request you place a note in with the returned item so that
we do not forget.
To cancel an order please contact us by email; but we cannot
guarantee your order wont ship before we see the cancelation.
Your right to cancel services—You can stop using our
Services at any time. If you cancel a paid for subscription service, your
access to that service will end at the end of the relevant paid for billing
period.
13) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or
disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through
any unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.
14) DATA LOSS
The Company does not accept responsibility for the security
of Your account or content. You agree that Your use of the Website or Services
is at Your own risk.
15) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its
affiliates (if applicable) and hold Us harmless against any and all legal
claims and demands, including reasonable attorney's fees, which may arise from
or relate to Your use or misuse of the Website or Services, Your breach of this
Agreement, or Your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
Company wishes.
16) SPAM POLICY
You are strictly prohibited from using the Website or any of
the Company's Services for illegal spam activities, including gathering email
addresses and personal information from others or sending any mass commercial
emails.
17) THIRD-PARTY
LINKS & CONTENT
The Company may
occasionally post links to third party websites or other
services. You agree that the Company is not responsible or liable for any
loss or damage caused as a result of Your use of any third party services
linked to from Our Website.
a) Service Providers
We employ third party companies and individuals to facilitate our
Website ("Service Providers"), to provide our Website on our behalf,
to perform Website-related services or to assist us in analyzing how our
Website is used. These third-parties have access to your personal information
only to perform these tasks on our behalf and are obligated not to disclose or
use it for any other purpose.
b) Analytics
Google
Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of
our Service. This data is shared with other Google services. Google may use the
collected data to contextualize and personalize the ads of its own advertising
network.
You can opt-out
of having made your activity on the Service available to Google Analytics by
installing the Google Analytics opt-out browser add-on. The add-on prevents the
Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing
information with Google Analytics about visits activity.
For more
information on the privacy practices of Google, please visit the Google Privacy
& Terms web page: http://www.google.com/intl/en/policies/privacy/
c) Payments
processors
We provide paid
products and/or services on our Website. In that case, we use third-party
services for payment processing (e.g. payment processors).
We will not
store or collect your payment card details. That information is provided
directly to our third-party payment processors whose use of your personal
information is governed by their Privacy Policy. These payment processors
adhere to the standards set by PCI-DSS as managed by the PCI Security Standards
Council.
Contacting Us
If there are
any questions regarding this privacy policy you may contact us by email. MyyOldStove@Gmail.com.
18)
MODIFICATION & VARIATION
The Company
may, from time to time and at any time without notice to You, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to
this Agreement are in full force and effect immediately upon posting on the
Website and that modifications or variations will replace any prior version of
this Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement.
a) To the
extent any part or sub-part of this Agreement is held ineffective or invalid by
any court of law, You agree that the prior, effective version of this Agreement
shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer
to the Effective Date posted at the top of this Agreement to note modifications
or variations. You further agree to clear Your cache when doing so to avoid
accessing a prior version of this Agreement. You agree that Your continued use
of the Website after any modifications to this Agreement is a manifestation of
Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications
to or variations of this Agreement, You agree that such failure shall be
considered an affirmative waiver of Your right to review the modified
Agreement.
19) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between
the Parties with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
20) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website
to perform maintenance or emergency services on a scheduled or unscheduled
basis. You agree that Your access to the Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Company
shall have no liability for any damage or loss caused as a result of such
downtime.
21) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any
time for any reason, with or without cause. The Company specifically reserves
the right to terminate this Agreement if You violate any of the terms outlined
herein, including, but not limited to, violating the intellectual property
rights of the Company or a third party, failing to comply with applicable laws
or other legal obligations, and/or publishing or distributing illegal material.
If You have registered for an account with Us, You may also terminate this
Agreement at any time by contacting Us and requesting termination. At the
termination of this Agreement, any provisions that would be expected to survive
termination by their nature shall remain in full force and effect.
22) NO WARRANTIES
You agree that Your use of the Website and Services is at
Your sole and exclusive risk and that any Services
provided by Us are on an "As Is" basis. The Company hereby
expressly disclaims any and all express or implied warranties of any kind,
including, but not limited to the implied warranty of fitness for a particular
purpose and the implied warranty of merchantability. The Company makes no
warranties that the Website or Services will meet Your needs or that the
Website or Services will be uninterrupted, error-free, or secure. The Company
also makes no warranties as to the reliability or accuracy of any information
on the Website or obtained through the Services. You agree that any damage that
may occur to You, through Your computer system, or as a result of loss of Your
data from Your use of the Website or Services is Your sole responsibility and
that the Company is not liable for any such damage or loss. This includes employees,
vendors, owners, affiliates, author(s) or their families shall not be liable.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to
You as a result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to the greater of one hundred ($100) US Dollars or
the amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given
pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use
of the Website or Services, You agree that the laws of the State of Texas shall
govern any matter or dispute relating to or arising out of this Agreement, as
well as any dispute of any kind that may arise between You and the Company,
with the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following county: Chambers, Texas. The Parties agree that this choice of law,
venue, and jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties
relating to or arising out of this Agreement, the Parties shall first attempt
to resolve the dispute personally and in good faith. If these personal
resolution attempts fail, the Parties shall then submit the dispute to binding
arbitration. The arbitration shall be conducted in the following county:
Chambers. The arbitration shall be conducted by a single arbitrator, and such
arbitrator shall have no authority to add Parties, vary the provisions of this
Agreement, award punitive damages, or certify a class. The arbitrator shall be
bound by applicable and governing Federal law as well as the law of the
following state: Texas. Each Party shall pay their own costs and fees. Claims
necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims
based on local laws, ordinances, statutes or regulations. Intellectual property
claims by the Company will not be subject to arbitration and may, as an
exception to this sub-part, be litigated. The Parties, in agreement with this
sub-part of this Agreement, waive any rights they may have to a jury trial in
regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted
hereunder, may not be assigned, sold, leased or otherwise transferred in whole
or part by You. Should this Agreement, or the rights granted hereunder, by
assigned, sold, leased or otherwise transferred by the Company, the rights and
liabilities of the Company will bind and inure to any assignees,
administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement
is held invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and sub-parts will be enforced to the maximum extent possible.
In such condition, the remainder of this Agreement shall continue in full
force.
f) NO WAIVER: In the event that We fail to enforce any
provision of this Agreement, this shall not constitute a waiver of any future
enforcement of that provision or of any other provision. Waiver of any part or
sub-part of this Agreement will not constitute a waiver of any other part or
sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
sub-parts under this Agreement are for convenience and organization, only.
Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been created between the Parties as a result
of this Agreement. No Party has any authority to bind the other to third
parties.
i) FORCE MAJEURE: The Company is not liable for any failure
to perform due to causes beyond its reasonable control including, but not
limited to, acts of God, acts of civil authorities, acts of military
authorities, riots, embargoes, acts of nature and natural disasters, and other
acts which may be due to unforeseen circumstances.
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