Effective Date: December 19th, 2020
PLEASE READ THIS DOCUMENT CAREFULLY.
- SCOPE OF TERMS
The Sponsorship Lady, LLC’s services and products offered may include, but are not limited to, articles, reference and communication tools, message boards, books, courses and information products (the “Service”). The Service is owned and operated by The Sponsorship Lady, LLC (“Company”, “us,” “our,” and “we”).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. Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties. Access to all areas of the Website is provided in accordance with the following terms (“Terms”). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website. By purchasing any products, you agree to only use the information or product for the purpose of securing corporate sponsorships for yourself, and not teaching others how to secure corporate sponsorships.
- ASSENT AND 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.Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.
You must be at least eighteen (18) 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 eighteen (18) years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
- RESTRICTIONS ON USE
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to disrupt, modify or interfere with the Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
- WEBSITE ACTIVITY AND PRIVACY
Through Your use of the Website and Services, You may provide Us with certain information. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp 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 administer the Site; to provide the highest possible level of service to you and; 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 statistical analytics of user behavior and characteristics in order to measure interest in and use of the various areas of our site, and for this, We may workwith third-party providers.
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. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
- INFORMATION PROVIDED BY YOU
- LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- RESTRICTIONS ON APPLICABLE USE
In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
- USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
- GRANT OF SINGLE-USER LICENSE
YOU ARE THE ONLY PERSON ENTITLED TO USE THE SOFTWARE. The Sponsorship Lady, LLC grants you the revocable, personal, non-exclusive and nontransferable license and right to activate and run the online courses accompanied by or included with this License, all content included therewith, updates (if any), and all corresponding documentation (collectively referred to as the “Software”). ONLY YOU (AND NO ONE ELSE) ARE ENTITLED TO USE THE SOFTWARE. The Software is protected by copyright and other state, federal and international intellectual property laws. The Sponsorship Lady, LLC reserves all rights not expressly granted in this License, and The Sponsorship Lady, LLC continues to own the Software, including all rights, title, interest, and all copyrights in and to the Software as well as any copy made by you. Unauthorized copying of the Software, or failure to comply with this License will result in automatic termination of the license granted hereunder, and will entitle The Sponsorship Lady, LLC to pursue other legal remedies against you. IMPORTANT, under the terms of this License:
YOU MAY: (a) Run the Software on any computer(s) solely for your personal and non-commercial use.
YOU MAY NOT: (a) allow any other person to use the Software, (b) share the login information with anyone else; (c) modify, translate, reverse engineer, decompile, decode, decrypt, disassemble, adapt, create a derivative work of, re-teach the information provided to others, or in any way derive source code from or copy the Software; (d) sell, rent, lease, sublicense, or otherwise transfer or distribute the Software to any other person or entity without the prior written consent of The Sponsorship Lady, LLC (and any attempt to do so shall be void); (e) remove or conceal any proprietary notices, labels, or trademarks on the Software; (f) direct, assist or permit any other person or entity to do any of the foregoing; or (g) copy any of the questions or answers for any reason.
The term of the License granted hereunder shall commence upon purchase of the Software or your access to the Software; and such license will expire one (1) year from the date of purchase (not to be confused with the usage period of the product). Upon expiration or termination of the license granted hereunder, you understand: (i) after one (1) year of access to the Software, your access will be terminated and, (ii) after one (1) year of access to the Software, your access to the calls and curriculum will be under the discretion of The Sponsorship Lady, LLC.
- ACCOUNT LOGIN INFORMATION AND SECURITY
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or
permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Our system does not store your master password on our servers so your passwords cannot be retrieved by anyone but you. If you forget your master password you will have to reset your account and setup a new one.
The following rules govern the security of your Account and Login Information:
You shall not share your Account and Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. Sharing your Account and Login Information with anyone else will result in immediate removal from the program, service, and/or application without notice and without refund;
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us at firstname.lastname@example.org and modify your Login Information;
You are solely responsible for maintaining the confidentiality of your Login Information (including your password), and for restricting access to your hardware device while logged into our Site;
You will be responsible for all activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you;
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.
- THIRD PARTY LINKS
The Site may contain links to third party websites. Except as otherwise discussed in the Terms, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regards to privacy. We are not responsible for the privacy policies or practices of third parties.
- REVERSE ENGINEERING
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.
- INTELLECTUAL PROPERTY
You acknowledge and agree that the Website and the information, content and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, rent, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website, Program or Materials in any manner or medium (including by email or other electronic means).
You shall not remove any copyright notice or author designation from any part of the Program and Materials.You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website. All third-party product and company names are trademarks™ or registered ® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
- REFUND POLICY
All refunds are discretionary as determined by The Sponsorship Lady, LLC. To further clarify, we will not provide refunds after the 14th day from your date of purchase and all payments must be made on a timely basis.
With respect to any purchase, you must request your money back within 14 days of the purchase. You may request your money back by emailing email@example.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You must also demonstrate that you have implemented and completed the action steps in the program without success. To meet this requirement, you’re required to do all the work, show proof you did the work, ask for help on the Q&As and or help on the FB questions thread so we can guide you. You must show that you implemented the advice and feedback given to you. To meet this requirement, you must submit the work outlined below.
The work that you need to submit with your request for a refund includes ALL of the following items:
Requirement 1: Complete and attach your “Activations” Worksheet
Requirement 2: Complete and attach your “Audience Data” Worksheet.
Requirement 3: Complete and attach your “Asset Inventory” Worksheet
Requirement 4: Complete and attach your “Sponsors Wishlist” Worksheet and Provide Contacts for those companies to prove you did research using the methods we provided in the course.
Requirement 5: Complete and attach your “Custom Proposal”
Requirement 6: Complete and attach your “5 Page Pitch” and “One Pager or Two Pager”
Requirement 7: Complete and attach your “Fulfillment Report Template”
We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and do not meet the requirements for a refund within 14 days, you are required by law to complete the remaining payments of your payment plan.
Should you request to have the entire course unlocked before the set drip schedule is completed (if any) – you waive your rights to request a refund for all and/or part of the course fees.
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.
- FEES AND PAYMENTS
As consideration for any purchase you make on the Websites, you shall pay The Sponsorship Lady, LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.You must provide current, complete, and accurate billing and credit card information.
You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize The Sponsorship Lady, LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
- PAYMENT POLICY FOR PROGRAM
You are responsible to pay for the Service in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. You authorize Company to automatically charge the credit card on file for any and all Program balances owed and you agree to keep this information current and up-to-date with the Company. If you select the payment plan, your card will be charged the first installment payment when you register and subsequent payments as outlined in your payment plan on the same day of the month until the balance is paid in full. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You may immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, the Service is not a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.
- 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.
- NO WARRANTIES
WE PROVIDE THE WEBSITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.WE DO NOT GUARANTEE ANY PARTICULAR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
BY PURCHASING THE PROGRAM OR SERVICE, YOU ACCEPT, AGREE AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING YOUR FUTURE EARNINGS, BUSINESS PROFIT, SUCCESSFUL REGISTRATIONS OF INTELLECTUAL PROPERTY, MARKETING PERFORMANCE, OR AUDIENCE GROWTH OF ANY KIND. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF OUR IDEAS, TOOLS, STRATEGIES OR RECOMMENDATIONS, AND NOTHING IN OUR PROGRAM IS A PROMISE OR GUARANTEE TO YOU OF SUCH RESULTS.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- 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.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at firstname.lastname@example.org
- AFFILIATE MARKETING AND 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.
- VISITORS’ GDPR RIGHTS
According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifiersuch as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.
As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:
You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.
We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.
- TERMINATION AND MODIFICATION
You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or any other policy of The Sponsorship Lady, LLC, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.
- COMPLIANCE WITH APPLICABLE LAWS
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at
your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
30. JURISDICTION AND CHOICE OF LAW
The laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Texas. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
By purchasing our products, you (“Client”) agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
32. GENERAL PROVISIONS:
a) ASSIGNMENTS. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
b) ENTIRE AGREEMENT. These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
c) 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.
d) 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.
e) 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.
f) IMPOSSIBILITY OF PERFORMANCE. We shall not be deemed to be in violation of this Agreement if we are prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemic, strikes or statutory regulation or rule of any federal, state, or local government, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
h) 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.
i) 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.
j) ELECTRONIC COMMUNICATIONS PERMITTED. Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: email@example.com
If you have questions about our terms, please email us at firstname.lastname@example.org.
Last Update: December 19, 2020