TERMS OF USE AGREEMENT


Last updated:  October 19, 2017


GA Media LLC (“we,” “us” and “our”) is pleased to make our site located at http://www.gayarrangement.com/ (the “Site”) available to you.  This Site allows you to:  (a) become a member, create a profile and participate in the dating service; (b) become an affiliate and post advertising on the Site; or (c) simply view this Site.  We prepared this Agreement (this “Agreement”) to help explain the terms that apply to your use of this Site.  Please read this Agreement carefully before using the Site.  You must read and agree to the terms of this Agreement before using the Site.  If you do not agree to the terms of this Agreement, you may not use the Site. 

 

  1. Your Use of this Site; Affirmative Representations and Privacy
  2. Rules Governing Contributions and Interactive Features
  3. Grant of License to Us for Contributions
  4. Use and Protection of User Name and Password
  5. Fees
  6. Our Intellectual Property Rights
  7. Our Management of this Site/User Misconduct
  8. Background Checks
  9. Risk of Harm
  10. Term and Survival
  11. Modifications
  12. Copyright Policy
  13. Third Party Sites
  14. Disputes Between Users and Release
  15. Disputes with Us, Choice of Law and Forum
  16. Disclaimers
  17. Limited Liability
  18. Liquidated Damages
  19. Indemnity
  20. Miscellaneous

  

 

  1. Your Use of this Site; Affirmative Representations and Privacy.


You may not use the Site if you are younger than 18.   You shall report people under age 18 who are using the Site to us at Support@GayArrangement.com. Registration for, and use of, the Site are void where prohibited.  You are responsible for determining whether your use of the Site is legal in your jurisdiction.

 

The Site is for your personal use only.  Organizations, companies, agencies, and businesses may not register and become members of the Site for any purpose.  We may limit the number of messages that you may send in a day, and we reserve the right to change this number, in our soled discretion, at any time.

 

When you use this Site, you represent and warrant that:  (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site comply with all applicable local, state, national and international laws, rules and regulations; (d) you are the age of majority under applicable law; (e) you will comply with the rules for making Contributions (as defined in Section 2 below) to this Site, as discussed in Section 2 below, and all local rules regarding acceptable contributions; (f) you have never been convicted of a felony; (g) you are not and have not ever been required to register as a sex offender with any government entity; (h) you have not been designated by the United States government as a “specially designated national” or other person to whom the provision of the Site is prohibited; (i) you will not use the Site for any commercial purpose; (j) you will not include in your profile any telephone numbers, street addresses, last names, URLs or email addresses other than in response to our prompts in the profile section of the Site; and (k) you will not interact with anyone on the Site who you know is under 18. 

 

The personal information (including sensitive personal information) you provide to us will be stored on computers and servers.  You consent to the use of such personal information to create your profile, preferences and browsing patterns, and make the Site available to you.  You agree to read and comply with our Privacy Policy which is incorporated herein by reference.  If you are located outside the United States, please note that the information that you provide to us is being sent to the United States.  By registering with the Site, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Site.

 

  1. Rules Governing Contributions and Interactive Features.

    This Site may provide features that enable you to communicate with others or submit content.  Please read our General Privacy Policy, available at https://gayarrangement.com/privacy to understand your privacy protections.  You are entirely responsible for the content of, and any harm resulting from, any of your submissions to this Site (collectively, “Contributions”).  When you create or make available a Contribution, you represent and warrant that you:

 

(a)        own or have sufficient rights to submit your Contributions, on or through this Site;

 

(b)        will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;

 

(c)        have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through this Site;

 

(d)        will not post Contributions that:  (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive (including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language), inaccurate, abusive, pornographic, sexually oriented, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) contain photos containing nudity or personal information; (iii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iv) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;

 

(e)        will not post Contributions that contain advertisements or solicit any person to buy or sell products or Sites (other than our products and Sites);

 

(f)        will not use this Site for any commercial purpose, business-related or unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, advertising or offering to sell products or Sites (whether or not for a profit), soliciting others (including solicitations for contributions or donations), or engaging in unauthorized framing of, or linking to, this Site without our express written consent;

 

(g)        will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;

 

(h)        will not use any software or device that modifies the Site experience, or access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Sites using a robot, spider, scraper or other automated means or manual process;

 

(i)         will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or Sites connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(j)         will not impersonate or misrepresent any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(k)        will not circumvent or disable any content protection system or digital rights management technology used with the Site; use any manual or automatic device or process to retrieve, index, data mine or in any way circumnavigate the navigational structure or presentation of the Site or its contents; decompile, reverse engineer, disassemble or otherwise reduce the Site to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Site in an unlawful or unauthorized manner or in a manner that suggests an association with our products, Sites or brands;

(l)         use the Site as an escort or use the Site to solicit clients for an escort service;

(m)       use the Site to promote, solicit or engage in prostitution;

(n)        initiate contact with Site users by any means other than those made available through the Site;

(o)        post advertisements or solicitations of employment, business or pyramid schemes;

(p)        will not use the Site in violation of United States export control and economic sanctions requirements; and

(q)        will not expressly state or imply that any of your statements are endorsed by us without our express prior written consent.  

  1. Grant of License to Us for Contributions. 

 

We do not claim any ownership right in the Contributions that you submit to our Site.  After posting your Contributions on the Site, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below. 

 

We need a license from you so that we can use your Contributions on this Site or elsewhere.  By making a Contribution to this Site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sub-licensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted Site providers to make the Site available to you) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised.

  

  1. Use and Protection of User Name and Password.

 

Your account is for your personal use only.  You are responsible for maintaining the confidentiality of your user name and password, if applicable.  You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

  1. Fees

 

We do not currently charge a fee for your use of our Sites, but to do have fees to take advantage of some special features provided on the site. 

When you access the Sites through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Sites may be prohibited or restricted by your network provider and not all Sites may work with your network provider or device.

  1. Our Intellectual Property Rights.


All of the content on this Site, the trademarks, Site marks, and logos contained on this Site (collectively, the “Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Site and Materials are for your information and personal use only and not for commercial exploitation.  We reserve all rights not expressly granted in and to this Site and the Materials.  If you download, print or otherwise copy the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials.  You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or the Materials on this Site.  You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 

7.        Our Management of this Site/User Misconduct.

 

7.1       Our Site Management.  You are solely responsible for your interactions with other Site users.  We may, but are not required to:  (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof (i) that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you or (ii) upon receipt of court order to do so; and (d) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site.

 

7.2       Our Right to Terminate Users.  WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

 

7.3      No Harassment of Our Employees.  You represent and warrant that you will not harass, annoy, intimidate or threaten any of our employees or agents engaged in providing the Site to you.  If we feel, in our sole discretion, that your behavior towards any of our employees or agents is at any time threatening or offensive, we reserve the right to immediately terminate your use of the Site as described in Section 7.2 above.

 

  1. Background Checks.  We do not currently conduct criminal background screening on Site users.  However, we reserve the right to conduct any criminal background check, at any time, using publically available records.  By agreeing to this Agreement, you hereby authorize us to conduct such a background check about you.

 

 

  1. Risk of Harm.  This Site is only a venue for individuals to initially meet each other for purposes of dating. We are not involved in communication between Site users.  As a result, we have no control over the quality, safety or legality, truth or accuracy of the information or profiles on the Site.  

 

Although each site user mist agree to this Agreement, we cannot guarantee that each user is at lease the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of this Agreement.  It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials.  It is also possible for others to obtain personal information about you due to your use of the Site.  Those people may use your information for purposes other than what you intended. 

 

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses.  Please choose carefully the information you post on this Site and that you give to other Site users.  You are discouraged from using your real name on the Site.  You assume all risks associated with dealing with other users with whom you come in contact through this Site.  We are not responsible for the conduct, whether online or offline, of any Site user.  We expect that you will use caution and common sense when using this Site.  Please carefully review and implement our Safety Tips which are incorporated herein by reference for more information on how to stay safe:   https://gayarrangement.com/SafetyTips

 

  1. Term and Survival. 

 

This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by following the instructions here https://intercom.help/gahelp/profile-questions. Upon termination of your Site account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account.  Even after your use and participation is terminated, this Agreement will remain in effect, including sections: 1-3, 5-10 and 11-20.

 

  1. Modifications.

 

The Internet and technology are rapidly changing, and we may change the features, parameters, services and the Site at any time.  Accordingly, we may modify this Agreement from time to time.  We will contact you if we do so, which is why it is important that you notify us immediately if your email address changes.  If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to this Site in order to be able to use the interactive portions of this Site.  We will also put any revised versions of this Agreement on this Site with a notice advising of the change.  It is therefore important that you regularly check this Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.  

 

  1. Copyright Policy.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the following information to the our Copyright Agent:  (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Website or other Services; (c) your address, telephone number and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.

 

Our Copyright Agent can be reached as follows:

 

By mail:  GA Media LLC, 5068 W. Plano Parkway, Suite 300, Plano, TX 75093

By email:  Support@GayArrangement.com

We will investigate the matter and, after such investigation and in our sole discretion, we will promptly remove any infringing content from the Site.  Similarly, if you believe that any content on the Site violates any proprietary or other right of yours (other than your copyrights), please contact us using the above contact information and describe your concerns or complaint. 

 

  1. Third Party Sites.

 

This Site may contain links to other websites and services (“Third Party Sites”).  We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or Sites, made available through Third-Party Sites.  The availability of these links on this Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or Sites available on them.  Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws.  If you decide to access linked Third Party Sites, you do so at your own risk.  Your correspondence or business dealings with, or participation in promotions of, third parties found on our through the Site, are solely between you and such third party.  You further agree that we shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such Third Party Sites.

 

THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES.  BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THIS SITE OR A LINK LOCATED ON THIS SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

 

  1. Disputes Between Users and Release.

 

You are solely responsible for your conduct.  You agree that we cannot be liable for any dispute that arises between you and any other user.  If you have a dispute with one or more Site users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and all damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

  1. Disputes with Us, Choice of Law and Forum.


YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN Dallas, Texas.   YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE State of Texas (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS).  THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. 

 

  1. Disclaimers.

THE SITE, ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.  BY OPERATING THIS SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THIS SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.  

 

ANY ATTEMPT BY US TO SCREEN MEMBERS REGISTERING FOR THE SITE OR POST NOTICES THAT A SITE USER HAS PASSED AN INDEPENDENT THIRD PARTY BACKGROUND CHECK IS NOT A GUARANTEE OF SAFETY ON THE SITE.  YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE SITE AND WHEN MEETING OTHER SITE USERS IN PERSON. 

 

WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE.  WE DO NOT GUARANTEE THAT THE SITE WILL BE FULLY OPERATIONAL ALL THE TIME, AND WE DO NOT OFFER TECHNICAL SUPPORT.  WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION, CORRUPTION OR FAILURE TO STORE ANY MESSAGES OR OTHER CONTENT MAINTAINED OR TRANSMITTED ON OUR SITE.

 

NO ADVICE OR INFORMATION, WHETHER verbal OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  YOU AGREE THAT YOUR USE OF THIS SITE AND SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SITE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.

 

We disclaim all liability for the accuracy of third party background checks.  In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, incidental, compensatory or consequential, arising out of or relating to the self-background screening or the “Background Verified” mark.  We make no guarantees, either express or implied, regarding your compatibility with individuals you meet through the Site or the conduct, WHETHER ONLINE OR OFFLINE, of such individuals. 

 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limited Liability.


IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, MEETINGS WITH OTHER SITE USERS, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN, INCLUDING WITHOUT LIMITATION BODILY INJURY, AND EMOTIONAL DISTRESS.  

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $10.

 

REGARDLESS OF ANY STATUTE OF LIMITATION OR LAW TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISUPTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE FILED WITHIN SIX (6) MONTHS AFTER THE DATE IN WHICH THE INCIDENT GIVING RISE TO THE DISPUTE OCCURRED. 

 

  1. Liquidated Damages.

 

You acknowledge and agree that spam is harmful to a Site, Site or network and causes injury, including damage to reputation and goodwill, which is difficult to measure.  As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this Site. 

 

  1. Indemnity.


You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners, employees and third parties, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your:  (a) use or posting Content on the Site; (b) breach of this Agreement; and (c) use of this Site or Materials.  You agree this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, partner, children or family.  This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

20.       Miscellaneous.

 

20.1     Entire Agreement.  This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof. 

 

20.2     Independent Contractors.  Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. 

 

20.3     No Third Party Beneficiaries.  This Agreement is between you and us.  There are no third-party beneficiaries to this Agreement.

 

20.4     Section Titles.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

20.5     Non-Waiver.  Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

 

20.6     Severability.  This Agreement operates to the fullest extent permissible by law.  If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

20.7     Assignment.  You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.

 

20.8     Specific Performance and Injunctions. Your breach of this Agreement may cause us irreparable harm, and you therefore agree that we will be entitled to seek relief in court, including but not limited to preliminary and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for breach of this Agreement.

 

 

Password Protected Photo
Password Protected Photo
Password Protected Photo