Terms of Website Service
Last updated: 1/30/2023
Please read these Terms of Service ("Terms",
"Agreement") carefully before using the tickets.monstertruckz.com website (the "Website") operated by Official Monster Truckz Tour! ("us",
"we", or "our"). We provide this Website and the data,
information, tools, software, updates and similar materials or services
(altogether, the “Services”), subject to your agreement to and compliance with
these Terms. Your access to and use of the Website is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who wish to access or use the Website. By accessing
or using the Website, you agree to be bound by these Terms. If you do not
agree and consent to these Terms, please do not use the Website and/or the
Services.
1.
IMPORTANT NOTICES
A.
We are a Florida LLC. Our address is PO BOX 25777 Sarasota, FL 34277. To contact us, please email fun@monstertruckz.com or write to us at PO BOX 25777 Sarasota, FL 34277.
B.
By using and/or visiting the Website, you represent that you have
read, understand, and agree to all the terms and conditions of this Agreement,
including our privacy policy published at tickets.monstertruckz.com (“Privacy Policy”), incorporated herein by reference.
C.
We reserve the right to change, modify, add to, or otherwise alter this
Agreement at any time, or to change or discontinue any aspect or feature of the
Website or Services without notice to you. Such changes, modifications,
additions or deletions shall be effective immediately upon their posting on the
Website. If you disagree with any changes to the Website or Services, you must
stop using the Website and Services. You agree to review this Agreement
periodically to be aware of such revisions. Your use of the Website and/or
Services after we post of such changes, modifications, additions or deletions
constitutes your acceptance of such changes, modifications, additions or
deletions.
2.
LICENSE
A.
As long as you are in compliance with all the terms
and conditions of this Agreement (and all incorporated documents) and have paid
any applicable Fees (as defined below), we hereby grant to you during the Term
(as defined below) a limited, revocable, non-assignable, non-transferrable,
non-sublicensable, non-exclusive license to use the Website, and to access and
receive the Services thereon that are intended for public display or access.
Any rights not explicitly granted in this Agreement are strictly withheld and
reserved by us.
B.
You agree that (i) except in your normal use of the
Website, you will not copy or distribute any part of the Website or Services in
any medium without our prior written authorization; (ii) you will not alter or
modify any part of the Website or Services other than as is necessary to use
the Website or Services for their intended purposes; and (iii) you will
otherwise comply with this Agreement.
3.
RESTRICTIONS
A.
You agree that you will not violate any applicable
law or regulation in connection with your use of the Website or Services.
B.
You agree that you will not distribute, upload,
make available or otherwise publish through the Website or Services any
suggestions, information, ideas, comments, causes, promotions, documents,
questions, notes, plans, drawings, proposals, or similar materials
(“Submissions”) or graphics, text, information, links, profiles, personal
information, name, likeness, audio, photos, software, music, sounds, video,
comments, messages or tags, or similar materials (“Content”) that:
· are unlawful or encourage another to engage in anything unlawful;
· contain a virus or any other similar programs or software that may
damage the operation of our or another’s computer and/or IT system;
· violate the rights of any party or infringe upon any patent, trademark,
trade secret, copyright, right of privacy or publicity or other intellectual
property right of any party;
· are false, inaccurate, fraudulent or misleading; or
· are libelous, defamatory, obscene, inappropriate, invasive of privacy
or publicity rights, abusing, harassing, threatening or bullying.
C.
You further agree that you will not do any of the
following:
· modify, adapt, translate, copy, reverse engineer, decompile or
disassemble any portion of the Website or Services;
· interfere with or disrupt the operation of the Website or Services,
including restricting or inhibiting any other person from using the Website or
Services by means of hacking or defacing;
· transmit to or make available in connection with the Website or
Services any denial of service attack, virus, worm, Trojan horse or other
harmful code or activity;
· attempt to probe, scan or test the vulnerability of a system or network
of the Website or Services or to breach security or authentication measures
without proper authorization;
· take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on our infrastructure;
· harvest or collect the information (which includes any email address or
other contact information) of other users of the Website or Services;
· scrape or collect content from the Website or Services via automated or
large group means;
· submit, post or make available false, incomplete or misleading
information to the Website or Services, or otherwise provide such information
to us;
· register for more than one user account; or,
· impersonate any other person or business.
D.
In addition, although we reserve the right to
review, remove or edit any Submissions or Content, we may not routinely screen,
monitor, or review Submissions and Content on the Website or Services,
including representation made by users of the Website and Service. YOU AGREE
THAT WE SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON
ANY SUCH INFORMATION IS AT YOUR OWN RISK.
E.
You agree that you are not licensed to access any
portion of the Website or Services that is not public or made accessible for
registered users, and you may not attempt to override any security measures in
place on the Website or Services.
F.
Notwithstanding the foregoing rules of conduct, our unlimited
right to terminate your access to the Website
or Service shall not be limited to violations of this Restrictions section.
4.
ELIGIBILITY
A.
Some parts or all of the Website or Services may
not be available to the general public, and we may impose eligibility rules
from time to time. We reserve the right to amend these eligibility
requirements at any time. You are not eligible to use the Website or Services
if:
1.
doing so would violate any law or regulation
(expressly including any US laws or regulations), including but not limited to
export controls or restrictions; or
2.
you have been prohibited or suspended
from using our Services and/or the Website, for any reason.
B.
You must be over the age of 18 to register an
account on the Website or use the Services. By registering an account or by
using the Services, you represent that you meet this minimum age requirement.
In any case, you affirm that you are over the age of 13, as the Website and the
Services are not intended for use by children under 13. If you are under 13
years of age, then please do not use the Website without the consent of your
parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we
hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. More information on
the availability of such software can be found through publicly available
sources. You may wish to contact your Internet service provider for more
information.
5.
FEES, TRANSACTIONS AND PAYMENTS
A.
As more fully described on the Website, access to
certain features of the Website or Services may require your payment of fees
(“Fees”).
B.
If you wish to purchase Services through the
Website (each a “Transaction”), you may be asked to supply certain information
relevant to your Transaction, including without limitation your credit card
number, your credit card verification or other security code, the expiration
date of your credit card, and your email and/or physical address. We will
treat any such information provided through the Website in accordance with this
Agreement and the Privacy Policy. Verification of information may be required
prior to the acknowledgment or completion of any Transaction. You represent and
warrant that you have the legal right to use any credit card(s) or other
payment means used for purposes of any Transaction.
C.
You may be required to register your personal
and/or financial information with us in order to use certain areas of the
Website or the Services, for example, to access/provide Content or to initiate
Transactions. In doing so, you agree that you will provide accurate and
complete information. We may refuse to process your information or requested
Transactions if we believe that you may be: i) impersonating another person;
ii) violating the intellectual property or other rights of any entity; iii)
posting content that is offensive; iv) providing information that we otherwise
reject for any or no reason in our sole discretion; or v) in breach of this
Agreement or any applicable laws.
D.
We use a third-party payment
processor (the “Payment Processor”) to charge Fees to you through your
registered account for use of the Services. The processing of payments will be
subject to the terms, conditions and privacy policies of the Payment Processor
in addition to this Agreement. We are not responsible for errors made by the
Payment Processor. You agree to pay us, through the Payment Processor, all
charges for purchases made by you, and you authorize us, through the Payment Processor,
to charge your chosen payment provider (e.g., credit card) (your “Payment
Method”).
E.
We will automatically charge
your Payment Method when payments are due, as more fully identified on the
Website.
F.
WE MAY SUBMIT PERIODIC CHARGES
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT
OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THE AUTHORIZATION TO
CHARGE OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT
CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
G.
Your account will be considered
delinquent if payment in full is not successful when a charge is initiated. Please
note that you are responsible for payment of all applicable taxes, levies, or
duties, and any other fees identified on the page on which you place your order
for goods or services. For any issues not covered by our refund policy, such as
your belief that a specific charge under this Agreement is incorrect, you must
contact us in writing within thirty (30) days after the payment processing date,
and set forth the nature and amount of the requested correction or credit;
otherwise charges are final.
H.
In addition to other applicable
remedies, we reserve the right to suspend and/or terminate your access to the
Services and/or terminate this Agreement if your Payment Method is declined or
fails, and your account therefore is delinquent. Charges to delinquent accounts
are subject to interest of 1.5% per month on any outstanding balance, or the
maximum permitted by law, whichever is less, plus all expenses of collection,
including reasonable attorneys’ fees and court costs.
6.
CREDENTIALS SECURITY
A.
You understand and agree that in order to use
certain functions of the Website or Services, you may be asked by us to provide
certain credentials or other login information (“Credentials”). You are under
no obligation to provide Credentials to us; however, if you do, you represent
and warrant that you are authorized to provide these Credentials to us for use
in connection with the Services, and that the Credentials are and will be true
and accurate throughout the Term of this Agreement. By providing your
Credentials, you agree that we may store and use the Credentials in accordance
with our Privacy Policy.
B.
If you are registered with a
user account on the Website, you agree to keep your user name and password
and/or any other Credentials needed to login to the Website or Services
confidential and secure. You are responsible for controlling the access to and
use of your account. You understand and agree that we may assume that
instructions from an individual associated with your account are authoritative
and should be acted upon by us. We are not responsible for any unauthorized
access to your account or profile, and any ramifications of such access, and we
are not required to take action to disable any account. You agree that you will
not bring any action against us arising out of or related to any claimed
unauthorized access using your account Credentials.
C.
Notwithstanding the foregoing, if we believe that
there has been an unauthorized access to your account, we may take reasonable
efforts with reasonable speed, to disable or lock your account, or otherwise
address your situation. In the event that you would like to report a breach, please contact fun@monstertruckz.com with the term “Account Breach Notice” in the subject line.
7.
CONTENT SUBMITTED OR MADE AVAILABLE TO US
A.
You are under no obligation to submit anything to
us, and unless otherwise noted, we will not claim ownership of your Content or
Submissions. In order for us to provide the Services to you and for promotion
of our Services, however, we require your permission to process, display,
reproduce and otherwise use Content or Submissions you make available to us.
Therefore, if you choose to submit any Content or Submissions (including your
name, likeness and other personal information) to the Website or Services, or
otherwise make any Content or Submissions available through the Services, you
hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable,
non-exclusive, worldwide, royalty-free license to reproduce, use, modify,
display, perform, distribute, translate and create derivative works from any
such Content or Submissions, including without limitation distributing part or
all of the Content or Submissions in any media format through any media
channels.
B.
Notwithstanding the foregoing grant, information
that you upload or make available for the purpose of using the Services (such
as information about you or other persons, addresses, financial information,
and similar related data) will only be used by us for the purpose of providing
the Website and Services to you.
C.
By submitting any Content or Submissions to us you
hereby agree, warrant and represent that: (a) the Content and Submissions do
not contain proprietary or confidential information, and the provision of the
Content and Submissions is not a violation of any third-party’s rights; (b) all
such Submissions and Content are accurate and true, (c) we are not under any
confidentiality obligation relating to the Content or Submissions; (d) we shall
be entitled to use or disclose the Content or Submissions in any way; and (e)
you are not entitled to compensation or attribution from us in exchange for the
Submissions or Content.
D.
You acknowledge that we are under no obligation to
maintain any information, materials, Content or Submissions that you submit,
post or make available to or on the Website or Services. We reserve the right
to withhold, remove and or discard any such materials at any time.
8.
CONTENT SHARED THROUGH THE SERVICES
You understand that by sharing information
on the Website or Services, and requesting information to be sent through the
Services, you may be revealing information about yourself and/or your business
that you may include and that may be generated by the Services. You understand
and acknowledge that you are fully aware and responsible for the impact of
sharing such materials, and you agree that we shall not be held responsible,
and we shall be released and held harmless by you from any liability or damages
arising out of such conduct.
9.
LINKS TO THIRD PARTY WEBSITES
For your convenience, the Website contains
links to the websites of third parties on which you may be able to obtain
information or use services. For example, we may provide links to social media
sites (e.g., Facebook, Twitter, LinkedIn, etc.). Except as otherwise noted,
such third party websites, and such information and services are provided by
organizations that are independent of us. We do not make any representations
or warranties concerning such websites. We have no control over, and assume no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, we cannot censor or edit the content of any
third-party site. Therefore, we make no representation as to the accuracy or
any other aspect of the information contained in or on such websites, sources
or servers. Your linking to or from any off-site pages or other websites is at
your own risk. By using the Website, you expressly relieve us from any and all
liability arising from your use of any third-party website. Accordingly, we
encourage you to be aware when you leave the Website and to read the terms and
privacy policy of each other website that you visit.
10.
OUR INTELLECTUAL PROPERTY
A.
Our graphics, logos, names, designs, page headers,
button icons, scripts, and service names are our trademarks, trade names and/or
trade dress. The “look” and “feel” of the Website or Services (including color
combinations, button shapes, layout, design and all other graphical elements)
are protected by U.S. copyright and trademark law. All product names, names of
services, trademarks and service marks (“Marks”) are our property or the
property of their respective owners, as indicated. You may not use the Marks or
copyrights for any purpose whatsoever other than as permitted by this
Agreement.
B.
You acknowledge that the software used to provide
the Services and the Website, and all enhancements, updates, upgrades,
corrections and modifications to the software (the “Software”), all copyrights,
patents, trade secrets, or trademarks or other intellectual property rights
protecting or pertaining to any aspect of the Software (or any enhancements,
corrections or modifications) and any and all documentation therefor, are and
shall remain the sole and exclusive property of us and/or our licensors, as the
case may be. This Agreement does not convey title or ownership to you, but instead
gives you only the limited use rights set forth herein.
C.
To the extent that you gain access to or receive
any copies of such Software, you agree that you will delete such copies of the
Software upon any termination of this Agreement, termination of your use of the
Services, or at our request.
11.
TERM AND TERMINATION
A.
Before entering into this Agreement, we advise that
you review and save a copy of this Agreement for your records.
B.
The “Term” of this Agreement will continue until
the Agreement is terminated as provided herein. We may suspend or terminate
your account and cease doing business with you, if:
1.
you have provided false or misleading information;
2.
you do not, within a reasonable time of us asking
for it, provide us with information that is necessary for us to provide our Services
to you; or
3.
you have failed to comply with any terms of this
Agreement.
We may also terminate the Agreement at any time, if we withdraw our
Website or Services or cease to offer the ability to use an account.
C.
Without limiting the foregoing or assuming any
additional legal obligations, we reserve the right to terminate violators of
the U.S. Copyright Act, in accordance with applicable law.
D.
All rights that you grant to us herein related to
Submissions and Content shall survive any termination of this Agreement.
Further, to the degree permitted by law your representations, warranties and
indemnification obligations herein shall survive any termination of this
Agreement.
E.
You may terminate this Agreement at any time (including
if we have told you about an upcoming change to the functionality of your account
or if there is a change to this Agreement which you do not accept ) by
ceasing use of the Website or Services, and by closing your account.
F.
Once this Agreement is terminated, you will no
longer have access to your account. We may also delete the content you have
uploaded, posted or created. Please note however that if you wish for us to
delete your account, it may still exist for a while in our logs and backups.
12.
DISCLAIMERS AND LIMITATION ON LIABILITY
A.
We do not represent or warrant that access to the
Services will be error-free or uninterrupted, and we do not guarantee that
users will be able to access or use the Services, or their features, at all
times. We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services, or any part thereof,
with or without notice.
B.
Certain data displayed by the Services relies on
the receipt of underlying data from third-party sources. Such data sources may
not be real time or accurate, which may result in delays or inaccuracies in the
displayed information.
C.
The Website or Services may contain typographical
errors or inaccuracies, and may not be complete or current. We reserve the
right to correct any such errors, inaccuracies or omissions and to change or
update information at any time without prior notice.
D.
Although we have the right to review, edit, remove
or modify information from or on the Website or Services, we may not screen
this material or control the sources of this information, and we do not
guarantee the accuracy, suitability, completeness, currency, quality, adequacy
or applicability of any such information.
E.
Circular 230 Disclosure: Pursuant to U.S. Treasury
Department Regulations, we are required to advise you that, unless otherwise
expressly indicated, any federal tax advice contained in the Website or
Services, including attachments and enclosures, is not intended or written to
be used, and may not be used, for the purpose of (i) avoiding tax-related
penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any tax-related matters addressed herein.
F.
BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND
ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS IS”, TO THE DEGREE
PERMITTED UNDER APPLICABLE LAWS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY,
MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION
(ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
G.
USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE
RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE
AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT
THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR
OTHER HARMFUL COMPONENTS.
H.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT
AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES,
LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE
TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE
RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE
AND/OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
I.
Notwithstanding the foregoing, in the event that a
court shall find that any of the above disclaimers are not enforceable, then
you agree that neither we nor any of our subsidiaries, affiliated companies,
employees, members, shareholders, or directors shall be liable for (1) any
damages in excess of the greater of the Fees you have paid to us during the
most recent twelve (12) month period or$100.00, or (2) any indirect, incidental,
punitive, special, exemplary or consequential damages or loss of use, lost
revenue, lost profits or data to you or any third party from your use of the
Website or Services. This limitation shall apply regardless of the basis of
your claim or whether or not the limited remedies provided herein fail of their
essential purpose.
J.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN
DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID
WHERE PROHIBITED. ALL SUCH DISCLAIMERS OR LIMITATIONS WILL APPLY TO THE MAXIMUM
EXTENT PERMITTED UNDER THE APPLICABLE LOCAL LAW.
13.
INDEMNIFICATION
To the degree permitted under applicable law, you agree to defend, indemnify and hold harmless us, our officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to reasonable attorney’s fees) arising from: (i) your use of and
access to the Website or Services; (ii) your violation of any term of this
Agreement; (iii) your violation of any third party right, including without limitation
any copyright, property, or privacy right; (iv) any claim that any of your
Content or Submissions caused damage to a third party; or (v) any conduct,
activity or action that is unlawful or illegal under any state, federal or
common law, or is violative of the rights of any individual or entity, engaged
in, caused by, or facilitated in any way through the use of the Website or
Services. This defense and indemnification obligation will survive this
Agreement and your use of the Website and/or Services.
14.
DISPUTES, GOVERNING LAW AND JURISDICTION
A.
Where permitted under applicable laws, you agree
that any claim or dispute arising out of or relating in any way to your use of
the Website, Services or any service provided by us, will be resolved solely
and exclusively by binding arbitration, rather than in court, except that you
may assert claims in small claims court if your claims qualify. The Federal
Arbitration Act and federal arbitration law apply to this Agreement. The laws
of the State of Delaware shall govern this Agreement, and shall be used in any
arbitration proceeding.
B.
There is no judge or jury in arbitration, and court
review of an arbitration award is limited. An arbitrator, however, may award
on an individual basis the same damages and relief as a court (including
injunctive and declaratory relief or statutory damages), and must follow the
terms of this Agreement as a court would.
C.
To begin an arbitration proceeding, you must send a
letter requesting arbitration and describing your claim to the following
address: PO BOX 25777 Sarasota, FL 34277.
D.
Arbitration under this Agreement will be conducted
by the American Arbitration Association (“AAA”) under its rules then in
effect. Payment of all filing, administration and arbitrator fees will be
governed by the AAA's rules.
E.
You agree that any dispute resolution proceedings
will be conducted only on an individual basis and not in a class, consolidated
or representative action. If for any reason a claim proceeds in court rather
than in arbitration, we both agree that we have each waived any right to a jury
trial.
F.
Notwithstanding the foregoing, you agree that we
may bring suit in court to enjoin infringement or other misuse of intellectual
property or other proprietary rights.
G.
To the extent arbitration does not apply, you agree
that any dispute arising out of or relating to the Website, Services or us, may
only be brought by you in a state or federal court located in Delaware. YOU
HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND
AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.
H.
Nothing in the foregoing shall exclude or restrict rights
you have under local law that cannot be excluded or restricted. You may be
entitled under law to bring claims against us in the courts and pursuant to the
governing law of your state or country of residence.
15.
GENERAL
A.
Severability. If any
provision of this Agreement is found for any reason to be unlawful, void or
unenforceable, then that provision will be given its maximum enforceable
effect, or shall be deemed severable from this Agreement and will not affect
the validity and enforceability of any remaining provision.
B.
Revisions. This
Agreement may only be revised in a writing signed by us or posted by us to the
Website or Services. In the event that we update this Agreement and you are
made aware of the update, your continued use of the Website or Services after
the update shall constitute your assent to the updated Agreement.
C.
No Partnership. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this Agreement or your use of the
Website or Services.
D.
Assignment. We may
assign our rights under this Agreement, in whole or in part, to any person or
entity at any time with or without your consent. You may not assign this
Agreement without our prior written consent. Any unauthorized assignment shall
be null and void.
E.
No Waiver. Our failure
to enforce any provision of this Agreement shall in no way be construed to be a
present or future waiver of such provision, nor in any way affect the right of
any party to enforce each and every such provision thereafter. The express
waiver by us of any provision, condition or requirement of this Agreement shall
not constitute a waiver of any future obligation to comply with such provision,
condition or requirement.
F.
Notices. All notices
given by you or required under this Agreement shall be in writing and addressed
to: PO BOX 25777 Sarasota, FL 34277.
G.
Equitable Remedies. You
hereby agree that we would be irreparably damaged if the terms of this Agreement
were not specifically enforced, and therefore you agree that we shall be
entitled, without bond, other security, or proof of irreparable harm or other
damages, to appropriate equitable remedies with respect to breaches of this
Agreement, in addition to such other remedies as we may otherwise have
available to us under applicable laws.
H.
Entire Agreement. This
Agreement, including the documents expressly incorporated by reference,
constitutes the entire Terms between you and us with respect to the Website or
Services, and supersedes all prior or contemporaneous communications, whether
electronic, oral or written.
I.
Survival. Any
provision of this Agreement that may reasonably be interpreted as being
intended by the parties to survive termination or expiration of the Agreement,
shall survive any such termination or expiration.
