PLEASE READ THE FOLLOWING POINTS CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE.
AGREEMENT ON THE TERMS
Last update 17/11/2022
These Terms of Use constitute a legally binding agreement made between you, either personally or on behalf of an entity ("you") and TIPWIZER, doing business as TipWizer ("TipWizer", "we", "us", or "our "), in connection with your access to and use of the tipwizer.com website, as well as any other form of media, media channel, mobile website or mobile application related, linked, or otherwise linked (collectively, the "Site" ). The user agrees that, by accessing the site, he has read, understood and agrees to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USING THE SITE IMMEDIATELY.
Supplemental terms and conditions or documents which may be published on the website from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. The user will be subject to, and will be deemed to have been informed and accepted,
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within that jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not authorized to use or register on the Site.
INDEX
MODIFICATIONS AND INTERRUPTIONS
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SUBSCRIPTIONS
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Site is owned by us and all source code, databases, functionality, software, site design, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and trademarks trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws unfair treatment of the United States of America, international copyright laws and international conventions. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use,
Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content you have properly accessed for your personal, non-commercial use only. . We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have legal capacity and agree to be bound by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site by automatic or non-human means, whether via a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part thereof).
FEES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
You may need to purchase or pay a fee to access some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You further agree to promptly update your account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as necessary. We invoice you via an online billing account for purchases made through the Site. Sales tax will be added to the purchase price as deemed necessary by us. We can change prices at any time. All payments will be made in euros.
You agree to pay all charges or fees at the then-current prices for your purchases, and you authorize us to charge your chosen payment provider any such amounts when making your purchase. If your purchase is subject to recurring charges, then you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or errors in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or by contacting us using the contact information below. Your cancellation will take effect at the end of the current payment period.
If you are not satisfied with our services, please send us an email at contact@tipwizer.com.
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If that software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, non-assignable license to use that software only in connection with our services and in accordance with these Terms of Use. Any software and any related documentation is provided "as is" without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of the use or performance of any Software.
You may not access or use the Site for any purpose other than that for which we make it available. They may not be used in connection with any commercial endeavors other than those specifically endorsed or approved by us.
As our user, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means, for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a purchasing agent or purchasing agent to make purchases on the Site.
4. Using the Site to advertise or offer to sell goods and services.
5. Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
6. Unauthorized Framing of the Site or Linking to the Site.
7. Misleading, defrauding or deceiving us and other users, especially in any attempt to learn sensitive account information, such as user passwords.
8. Misusing our support services or making false reports of abuse or misconduct.
9. Make any automated use of the system, such as using scripts to send comments or messages, or use any data mining tools, robots or other similar data gathering and mining tools.
10. Interfere with, disrupt or create an undue burden on the Site or networks or services connected to the Site.
11. Attempt to impersonate another user or person or use another user's username.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in a way to harass, abuse or harm another person.
14. 14. Using the Site as part of any effort to compete with us or using the Site and/or the Content for any revenue-generating effort or commercial endeavor.
15. Decipher, decompile, disassemble or reverse engineer any software comprising or in any way forming part of the Site.
16. Attempting to circumvent any Site measures designed to prevent or restrict access to the Site, or any part thereof.
CONTRIBUTION LICENSE
By posting your Contributions anywhere on the Site, you automatically grant, and represent and warrant that you have the right to grant to us, an unlimited, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide, and license to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, rework, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part), and distribute such contributions (including, without limitation, your likeness and voice) for any purpose, commercial, advertising or otherwise, and prepare derivative works from, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing.Use and distribution may occur in any media format and through any media channels.
This license will apply in any form, medium or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, names commercial, personal and commercial logos and images that you provide. You waive all moral rights in your Contributions, and warrant that moral rights are not otherwise asserted in your Contributions.
We do not claim any ownership in your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from any legal action against us in connection with your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact or amend any Contributions; (2) to re-categorize any Submissions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Submissions at any time and for any reason without notice. We are under no obligation to monitor your Contributions.
GUIDELINES FOR REVISIONS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) must not be associated with competitors if you post negative reviews; (6) must not draw conclusions about the lawfulness of the conduct; (7) may not post false or misleading statements; and (8) may not run a campaign that encourages others to post reviews,
We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to review reviews or delete reviews, even if someone finds the reviews objectionable or inaccurate. The reviews are not endorsed by us and do not necessarily represent our views or the views of any of our affiliates or partners. We assume no responsibility for any revision or for any claims, liabilities or losses resulting from any revision. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable, sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content related to reviews.
MOBILE APPLICATION LICENSE
User license
If you access the Site through a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive source code or decode the application; (2) make any modifications, adaptations, enhancements, enhancements, translations or derivative works of the Application; (3) violate any applicable laws, rules or regulations relating to your access to or use of the Application; (4) remove, alter or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the application's licensors; (5) use the Application for any revenue generating endeavor, commercial enterprise or other purpose for which it was not designed or intended; (6) make the application available over a network or other environment that allows access or use by multiple devices or users at the same time; (7) use the order to create a product, service or software that is directly or indirectly competitive with the order or in any way replaces it; (8) use the Application to send automated queries to any website or to send any unsolicited commercial email;
Apple and Android Devices
The following terms apply when you use a mobile application obtained from the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device using Apple's iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services in relation to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor is under no obligation to provide any maintenance and support services in relation to the mobile application; (3) in the event of any failure of the mobile application to comply with any applicable warranty, the Distributor may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any , paid for the mobile application, and to the fullest extent permitted by applicable law, the App Distributor will have no further warranty obligation with respect to the mobile application; (4) the Distributor represents and warrants that (i) it is not located in a country that is subject to a U.S. or that has been designated by the US Government as a "terrorist supporting" country and (ii) is not on any US Government list of prohibited or restricted parties; (5) you must comply with applicable third party terms of agreement when using the mobile application, for example if you have a VoIP application, you must not violate your wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as the third party beneficiary thereof. and (ii) is not on any US Government list of prohibited or restricted parties; (5) you must comply with applicable third party terms of agreement when using the mobile application, for example if you have a VoIP application, you must not violate your wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as the third party beneficiary thereof. and (ii) is not on any US Government list of prohibited or restricted parties; (5) you must comply with applicable third party terms of agreement when using the mobile application, for example if you have a VoIP application, you must not violate your wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as the third party beneficiary thereof. (5) you must comply with applicable third party terms of agreement when using the mobile application, for example if you have a VoIP application, you must not violate your wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as the third party beneficiary thereof. (5) you must comply with applicable third party terms of agreement when using the mobile application, for example if you have a VoIP application, you must not violate your wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as the third party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") that you provide to us are non-confidential and will become our exclusive property. We will own exclusive rights, including all intellectual property rights, and be entitled to unrestricted use and disclosure of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. The Contractor hereby waives all moral rights in such Submissions, and the Contractor warrants that such Submissions are original or that it has the right to send such Submissions. The Employer agrees that there will be no remedy against the Contractor for any breach or misappropriation, alleged or actual,
THIRD PARTY SITES AND CONTENT
The Site may contain (or may be sent through the Site) links to other sites ("Third Party Sites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or verified by us for accuracy, adequacy or completeness, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted, available or installed from of the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in Third Party Websites or Third Party Content. The inclusion of, linking to, or permission to use or install any Third Party Websites or any Third Party Content does not imply our approval or endorsement thereof. If you decide to leave the Site and access Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be made through other websites and other companies, and we assume no liability in connection with such purchases which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and that you will hold us harmless from any damages caused by your purchase of such products or services. Furthermore, you will hold us harmless from any losses you suffer or damages caused to you in connection with or resulting in any way from any Third Party Content or any contact with Third Party Websites.
ADVERTISERS
We allow advertisers to display their ads and other information in certain areas of the Site, such as sidebar ads or banner ads. If you are an advertiser, you assume full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you have all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights and contractual rights. We simply provide the space to place such advertisements, and have no other relationship with advertisers.
WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access, limit availability or disable (to the extent technologically feasible) any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems;
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://tipwizer.com/terms/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be aware that the Site is hosted in Portugal. If you access the Site from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data other than applicable laws in Portugal, then, through your continued use of the Site, you are transferring your data to Portugal, and you agree that your data will be transferred and processed in Portugal.
TERM AND TERMINATION
These Terms of Use will remain in full force and effect as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON, FOR FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME WITHOUT PRIOR NOTICE IN OUR SOLE DISCRETION.
If Tipwizer terminates or suspends your account for any reason, you are prohibited from registering and creating a new account in your name, a false or borrowed name, or the name of any third party, even though you may be acting in third party's name. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctions.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove content on the Site at any time or for any reason, in our sole discretion, without notice. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without prior notice, at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or maintenance related to the Site, resulting in outages, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time or for any other reason without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any Site downtime or discontinuity. Nothing in these Terms of Use will be construed as obliging us to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time without prior notice.
RESPONSIBILITY
THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ITS USE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND WE WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS, ERRORS OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR MATERIAL DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINK SITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU MUST USE YOUR BEST DISCERNMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold us harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Site; (3) violation of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of others, including but not limited to intellectual property rights; or (6) any obvious harmful act to any other Site user with whom you connect through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. The Contractor will use reasonable efforts to notify the Contractor of any claim, action or proceeding that is subject to this indemnity upon becoming aware of it.
USER DATA
We will retain certain data that you transmit to the Site for the purposes of managing the Site's performance, as well as data relating to your use of the Site. Although we carry out regular routine backups of data, you are solely responsible for all data that you transmit or that relate to any activity that you undertake while using the Site. You agree that we will have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising out of any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SUBSCRIPTIONS
Visiting the Site, sending us emails and filling out online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATE OR COMPLETED BY US ON OR THROUGH THE SITE. You waive any rights or requirements under any statutes, regulations, rules,
SEVERAL
These Terms of Use and any policies or operating rules posted by us on or in connection with the Site constitute the entire agreement and understanding between you and us. Failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. The Contractor may assign any or all of its rights and obligations to third parties at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any other provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of the terms of use having been drafted. The user waives any and all defenses that he may have based on the electronic form of these Terms of Use and the lack of signature by the parties present here to execute these Terms of Use. partnership, employment or agency created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of the terms of use having been drafted. The user waives any and all defenses that he may have based on the electronic form of these Terms of Use and the lack of signature by the parties present here to execute these Terms of Use. partnership, employment or agency created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of the terms of use having been drafted. The user waives any and all defenses that he may have based on the electronic form of these Terms of Use and the lack of signature by the parties present here to execute these Terms of Use.