These Terms of Use are entered into by and between you and Wikolo Inc.
(“Company,” “we,” “our” or
“us”). The following terms of use, together with any documents they expressly incorporate by reference
(collectively,
“Terms of Use”), govern your access to and use of our website located at
https://wikolo.com/ (the
“Website”), our Wikolo mobile application (the
“App”), and any of the Company’s
social media accounts and webpages (collectively, the “
Social Media Sites”), including any content,
functionality, and services offered thereon. As used in this Policy, the word
“Sites” shall include the
Company’s Website, App and Social Media Sites.
Please read these Terms of Use carefully before you start to use the Sites. By accessing and/or using the
Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy,
located at
https://wikolo.com/privacy-policy/ (the
“Privacy Policy”), incorporated herein by reference. In
addition, you agree to be bound by the terms of use, privacy policy and/or other terms or conditions (the
“Social Media Platform Rules”) of any of the social media websites and applications on which the
Company’s Social Media Sites reside. It is your sole responsibility to read and comply with the Social
Media Platform Rules. In no event shall the Company be responsible in any way for your violation of any
of the Social Media Platform Rules. The Sites are offered and available to users who are eighteen (18)
years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a
binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Sites.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY;
I.E., CASE CONSOLIDATIONS AND CLASSACTIONS ARE NOT PERMITTED) IN ORDER TO
RESOLVE DISPUTES. If you do not agree to these Terms of Use and our Privacy Policy, you must not
access or use the Sites. If you are dissatisfied with any of the Material or User Content (as such terms are
defined in these Terms of Use) contained in the Company’s Sites, your sole and exclusive remedy is to
discontinue accessing and using the Sites immediately.
We may revise and update these Terms of Use from time to time in our sole discretion and without prior
notice to you. All changes are effective immediately when we post them, and apply to all access to and
use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check this page regularly to time
so you are aware of any changes, as they are binding on you. These Terms of Use were last updated on
May 21, 2022.
We reserve the right to withdraw, amend or otherwise edit the Sites, and any service or Material
(hereinafter defined) we provide on the Sites, in our sole discretion without notice. We will not be liable if
for any reason all or any part of the Sites are unavailable at any time or for any period. You are
responsible for both making all arrangements necessary for you to have access to the Sites and ensuring
that all persons who access the Sites through your Internet connection are aware of these Terms of Use
and comply with them. It is a condition of your use of the Sites that all the information you provide on the
Sites is correct, current, and complete.
The App is licensed, not sold, to you. Company and its licensors and service providers reserve and shall
retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other
intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms
of Use. Subject to these Terms of Use, Company grants you a limited, non-exclusive, and nontransferable license to: (i) download, install, and use the App for your personal, non-commercial use on a single
mobile device owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms of
Use and the Privacy Policy, (ii) access, stream, download, and use on such Device the Material, products
and services made available in or otherwise accessible through the App, strictly in accordance with these
Terms of Use and the Privacy Policy.
You shall not: (a) copy the App, except as expressly permitted herein; (b) modify, translate, adapt, or
otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse
engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source
code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary rights notices from the App, including any
copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the App, or any features or functionality of the App, to any third party for any reason, including
by making the App available on a network where it is capable of being accessed by more than one device
at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any
copy protection, rights management, or security features in or protecting the App.
The Sites and their entire contents, features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof)
(collectively, the
“Material”) are owned by the Company, its licensors, or other providers of such Material
and are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws, as well as other Laws (hereinafter defined). Nothing
contained in the Sites shall be construed as granting any license or any other rights to any copyright,
trademark, patent or other property of the Company or any other person or entity, whether by implication,
laches, estoppel, explicit grant or otherwise. No right, title, or interest in or to the Sites (including the App)
or any Materials on the Sites is transferred to you.
These Terms of Use permit you to use the Sites, including the App, for your personal, non-commercial
use only. You may not use the Sites, including any service or products provided by the Sites, for any
other purpose, including any commercial purpose, without the prior express written permission of an
authorized representative of the Company. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store, or transmit any of the Material on
our Sites, except as follows:
- Your computer or Device may temporarily store copies of such Materials in random access memory
(RAM) incidental to your accessing and viewing those Materials.
- You may store files that are automatically cached by your Web browser for display enhancement
purposes.
- You may print one copy of a reasonable number of pages of the Sites for your own personal, non-
commercial use and not for further reproduction, publication, or distribution.
- If we provide features through our Sites, you may take such actions as are enabled by such
features.
You must not modify copies of any Materials from the Sites or delete or alter any copyright, trademark, or
other proprietary rights notices from copies of Materials from the Sites. If you print, copy, modify,
download, or otherwise use or provide any other person with access to any part of the Sites in breach of
the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or
destroy any copies of the Materials you have made.
The Sites may contain messaging features, personal web pages or profiles, fillable forms, forums and
other interactive features that allow users to post, submit, publish, display, or transmit (hereinafter,
“Post”)content or materials to the Company, to other users or to other persons, including without limitation posts,
comments, reviews, text, images, videos and audio (collectively,
“User Content”) on or through the Sites.
All User Content must comply with the Content Standards set out in these Terms of Use. Any User
Content you Post to the Sites will be considered non-confidential and non-proprietary. By providing any
User Content on the Sites, you grant us and our subsidiaries, affiliates and service providers, and each of
their and our respective licensees, successors, and assigns, a fully-paid, non-exclusive, royalty-free,
worldwide, perpetual, sublicenseable and transferable license to use, post, reproduce, copy, advertise,
promote, host, modify, perform, display, transmit, distribute, exploit, prepare derivative works based on,
and otherwise deal with or disclose to third parties any such User Content, with or without attribution and
for any lawful purpose.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license
granted above to us and our subsidiaries, affiliates and service providers, and each of their and our
respective licensees, successors, and assigns.
- All of your User Content do and will comply with these Terms of Use.
- Your User Content does not infringe the copyright, trademark, other intellectual property right or any
other right of any third party.
- None of the User Content shall be subject to any obligation on the part of the Company, whatsoever,
including without limitation confidentiality, attribution or otherwise.
- You will maintain all copyright, trademark, other intellectual property and/or other proprietary or other
notices embedded in or attached to any User Content that you Post on the Sites.
You understand and acknowledge that you are fully responsible for any User Content you Post, and you,
not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and
appropriateness. We are not responsible or liable to any third party for the content or accuracy of any
User Content posted by you or any other user of the Sites. We neither endorse nor are responsible for
any User Content or for any opinion, advice, information, or other statement uploaded to and/or
accessible on the Sites. Opinions, comments and other statements expressed by users of the Sites are
theirs alone and are not opinions or the responsibility of Company. Company is further not responsible for
any dispute that arises among users of the Sites.
We have the right to::
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Content violates the Terms of Use, infringes any
intellectual property right or other right of any person or entity, threatens the personal safety of users
of the Sites or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that User Content
or other material posted by you violates their rights, including without limitation their intellectual
property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal
or unauthorized use of the Sites.
- Terminate or suspend your access to all or part of the Sites for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other information of anyone posting any
materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR
TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
We do not routinely monitor the Sites, Material, User Content or other information that is posted by any
person or entity (other than the Company) to any and all sections of the Sites. However, we reserve the
right to monitor the Sites, Material and User Content and to edit, modify, remove, redact, consolidate
and/or clarify any Material, User Content and/or other information that we in our sole discretion consider
to violate these Terms of Use, be unlawful and/or for any other reason whatsoever. The Company’s
exercise of such reserved rights shall not create any obligation whatsoever for the Company to continue
any such monitoring, editing, modifying, removing, redacting, consolidating or clarifying.
The Company cannot review all material before it is Posted on the Sites, and cannot ensure prompt
removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications, or Material provided by any user or third
party. You understand that by accessing and using the Sites, including the Social Media Sites, you may
be exposed to material, including without limitation User Content, that may offend you. In such event, your
sole and exclusive remedy and recourse is to avoid such material by discontinuing your access to and
use of the Sites. We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this Monitoring and Enforcement section.
Your limited right to access and use the Sites is licensed to you by the Company and is subject to all of
the terms and condition of these Terms of Use, the Privacy Policy, and applicable Laws. At the
Company’s sole discretion, this license shall immediately and automatically terminate without notice to
you upon your breach and/or threatened or anticipated breach of these Terms of Use, the Privacy Policy,
or applicable Laws. In addition, the Company may terminate said license immediately at any time, at
shall, for any reason or no reason, and/or for the convenience of the Company. IF YOU DO NOT ABIDE
BY THESE TERMS OF USE, THE PRIVACY POLICY, AND APPLICABLE LAWS, YOU ARE NOT
AUTHORIZED TO ACCESS OR USE THE COMPANY’S SITES.
The Material on the Sites, including without limitation regarding any products or services, is made
available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness
of any such Material, or that any such Material indicates an endorsement or business relationship
between the Company and any other individual or entity. Any reliance you place on such Material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such
Material by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include Material provided by third parties, including without limitation Material provided by
other users and third party licensors. All statements and/or opinions expressed in these Materials, other
than Material directly provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those Materials. These Materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any
Materials on the Sites provided by any third parties.
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part without our express written
consent.
The Sites may provide certain features that enable you to cause limited portions of Material on the Sites
to be displayed or appear to be displayed on your own or certain third-party websites. You may use these
features solely as they are provided by us, solely with respect to the content they are displayed with, and
otherwise in accordance with any additional terms of use we provide with respect to such features.
Subject to the foregoing, you must not: (i) establish a link from any website or social media account or
webpage that is not owned by you; (ii) cause the Sites or portions of it to be displayed on, or appear to be
displayed by, any other website, social media account or webpage, for example, framing, deep linking, or
in-line linking; or (iii) otherwise take any action with respect to the Materials on the Sites that is
inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing
any unauthorized framing or linking immediately to stop. We may disable all or any features on the Sites
and any links at any time without notice in our discretion.
The Company’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web
pages, websites, links, social media accounts, sites and platforms, applications and other resources that
are available on the Internet (collectively, “Third Party Content”). This includes links contained in
advertisements, including banner advertisements and sponsored links. The Company has no control over
any Third Party Content that you access or use via such hyperlinks or otherwise. The Company expressly
disclaims any and all responsibility for any Third Party Content or for the consequences of your access or
use of any Third Party Content, or for any content, advertising, products, services, information or other
materials on or available from such Third Party Content. You acknowledge and agree that the Company
shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to
have been caused in connection with your use of or reliance on any Third Party Content or any
advertising, products, services, information or other materials that may be available on or through any
such Third Party Content. It is your sole responsibility to take any and all precautions that you deem
necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and
use is safe, appropriate for you and/or any other person (including children) viewing such Third Party
Content who is accompanying you and/or does not contain any inaccuracies, omissions, Viruses and/or
other items of a destructive nature.
The Company allows registered users of the App to sell or purchase services or products, including
through the App Marketplace. By purchasing any services or products through the Sites, you represent
that you are at least eighteen (18) years of age or otherwise of legal age to enter into these Terms of Use,
including these Terms of Sale. Your purchase of any such services or products on the App, including on
the Marketplace, is governed by these Terms of Use and any other applicable terms of use on the Sites,
directly from such other registered users and not from the Company. The Company in no way represents that it reviews, inspects, verifies or otherwise examines any such services or products offered in the App
Marketplace, including but not limited to the quality or availability of such services or products, and
Company expressly disclaims all such responsibility for such review, inspection, verification or
examination. Your use of the Sites, including but not limited to the purchase of any services or products
from the App, is at your own risk. Company shall not assume any liability for any services or products
offered by registered users through the Sites. Company shall not be responsible for any inaccurate,
wrong or mistaken information in connection with any services or products offered on the Sites, including
but not limited to any typographical errors, inaccuracies or omissions related to pricing and availability.
You should thoroughly review any services or products offered through the Sites, including on the App
Marketplace, and make your own independent determination as to whether you want to purchase such
services or products. Any registered user of the Sites who provides any services or products, including on
the App Marketplace, is solely responsible for providing a complete and accurate description of the
services or products it is offering. Company does not guarantee that any such service or product
descriptions are accurate, complete or available. You are solely responsible to verify the completeness,
accuracy and availability of any service or production descriptions on the Sites. If you believe any
services or products offered on the Sites, including on the App Marketplace, violate these Terms of Use,
you should report such services or products to the Company by using the applicable Report function.
Purchases made through the Sites, including but not limited to payments for promoted posts and payment
for services and products offered on the Marketplace, on the App, may be made using a number of
payment methods, including third party companies such as PayPal, Apply Pay, Google Pay (“Third Party
Payment Providers”), and other options. Company shall not be liable or responsible for the processing of
or delay in making any payments, including but not limited to by any such Third Party Payment Providers.
Company reserves the right in its sole discretion to accept other payment methods in connection with the
Sites, including the App. You agree that Company and any Third Party Payment Providers may charge
separate and additional fees in connection with any accounts, services or products offered and sold on
the Sites, including but not limited to any service charges, and you shall be solely responsible for the
payment of such additional fees. Prices and other fees posted on the Sites do not include taxes or any
shipping charges, and all such taxes and shipping charges will be itemized and added to your total at
check out. Company is not liable for any delays or other issues with shipments of any products from the
Sites. You agree that your use of any Third Party Payment Providers for the Sites shall be governed in
part by all applicable terms, conditions and policies of such Third Party Payment Providers.
If you fail to pay an applicable fees or charges in connection with your use of the Sites when due,
Company reserves the right to deactivate and/or terminate your account for and/or access to the Sites.
Company shall not issue any refunds, full, pro-rata or otherwise, in connection with any Sites account and
fees, charges and/or costs associated therewith, including for any services or products that you purchase
on the Sites, other than in Company’s sole discretion. You are solely responsible for all consequences
and damages arising from any failure to pay all fees, charges and/or costs associated with your account
or purchase of any services or products, including the deactivation and/or termination of said your
account. You will also be solely responsible for all consequences and damages arising from all uses of
your account for the Sites, whether or not authorized by you. You agree to notify the Company
immediately of any unauthorized use of your account for the Sites.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY: (I) HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (II) WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER,
DEVICE, EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL. YOUR USE OF
THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH
THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR MATERIAL, OR ANY
PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE,
COMPLETE, TIMELY, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY
PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. YOU ACKNOLWEDGE
THAT THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY
MATERIAL ON THE SITES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS,
OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS,
SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
THE SITES (INCLUDING BUT NOT LIMITED TO THE APP), ANY WEBSITES LINKED TO THEM, ANY
MATERIAL ON THE SITES OR CONTENT ON SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, and its and
their respective officers, directors, members, employees, contractors, agents, licensors, service providers,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a)
your actual or alleged violation of these Terms of Use or the Privacy Policy; (b) your use of the Sites; (c)
your User Content, including without limitation any claims of intellectual property infringement; (d) any use
of the Sites’ Material, products and services other than as expressly authorized in these Terms of Use, or
(e) your use of any Material obtained from the Sites. The Company reserves the right to assume, at your
sole expense, the exclusive defense and control of any matter that is subject to indemnification by you
hereunder. In such event, you agree to cooperate fully at your sole expense with the Company in
asserting, prosecuting or alleging any and all available defenses, counterclaims, cross-claims and any
and all other pleadings, allegations or evidence and in all other respects at the Company’s written request
at any time
All matters relating to the Sites, these Terms of Use and the Privacy Policy shall be interpreted under and
governed by the substantive laws of the United States of America and the State of New York, without
regard to principles of conflict of laws. You and the Company have agreed to these Terms of Use and the
Privacy Policy within the State of New York for all purposes.
Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may
arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in
any class action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or
controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be
solely and finally settled by arbitration administered by the American Arbitration Association in
accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of
one arbitrator sitting in New York County, New York. The language of the arbitration shall be English. The
arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New York.
The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and
binding on the parties. Each party shall bear all of its own costs, including but not limited to attorneys’
fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if
Company is the prevailing party, then it shall be entitled to reimbursement for its reasonable attorneys’
fees and related costs expended in connection with the arbitration. With respect to any arbitration
hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or
participate in any class-action claim of any kind or nature. This Governing Law and Binding Arbitration
section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or
related to these Terms of Use and, unless expressly stated otherwise, the Privacy Policy.
These Terms of Use, the Privacy Policy, and any other terms or conditions posted on any of the
Company’s Sites, constitute the entire agreement between you and the Company with respect to the
matters herein and therein and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, written and oral, between the Company and you. No action or inaction by
the Company shall be construed as a waiver of these Terms of Use, the Privacy Policy, or any other
terms or conditions posted on any of the Company’s Sites. No waiver by the Company of any term or
condition in these Terms of Use, the Privacy Policy, or any other terms or conditions posted on any of the
Company’s Sites shall be deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition. If any of the provisions of these Terms of Use, the Privacy Policy, or any
other terms or conditions posted on any of the Company’s Sites are held to be invalid, unenforceable or
illegal, such provision shall be eliminated or limited to the minimum extent such that the validity and
enforceability of the remaining provisions of these Terms of Use, the Privacy Policy, and any other terms
or conditions posted on any of the Company’s Sites shall not be effected thereby and shall continue in full
force and effect.
