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Terms of Service

Terms of Service for TenantsThank you for choosing Network4Rentals.com. We are a website where tenants can communicate with landlords, tenants, and contractors and we look forward to working with You. In order to maintain competitive pricing, we must institute these Terms of Service (the “Terms”) that apply to You when accessing www.Network4Rentals.com (the “Site) and when using any feature of the Site (collectively, accessing the Site and/or using any of the features of the Site are referred to as the “Services”). These Terms will hopefully answer most, if not all, of Your questions regarding your use of the Services.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

As used herein, the terms “You” and “Your” refer to the entity or individual accessing the Site. These Terms are effective from the date You access the Site and form a binding legal agreement between Network 4 Rentals, LLC, an Ohio limited liability company (“Company”), and either (i) You in Your individual capacity or (ii) You in Your capacity as authorized representative of another person, company or other legal entity, together with that person, company or other legal entity for whose benefit You utilize the Services.

1. Accepting the Terms

1.1 Your use of the Services is subject to the terms of a legal agreement between you and Company, the owner of the Site. This document explains the terms of that agreement.

1.2 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept all of the Terms.

You can accept the Terms by:

(a) clicking to accept or agree to the Terms, where this option is made available to You by Company in the user interface for any Service; or
(b) by actually using the Services. In this case, You understand and agree that Company will treat Your use of the Services as acceptance of the Terms from that point forward.

1.3 You may not use the Services and may not accept the Terms if

(a) you are not at least eighteen (18) years of age or older and able to form a binding legal contract with Company, or
(b) you are a person barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you use the Services.

THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD BE, OR COULD BE, DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT, OR CUSTOM.

1.4 You should print or save a copy of these Terms for your records. The English language versions of the Terms will govern your relationship with Company.

If you do not agree with some or all of the provisions in these Terms,leave the Site and do not use any of the Services.

2. Your Use

2.1 Company has these Terms in place and expects its users to abide by these Terms. However, Company ultimately has little to no control over the conduct of the users or the truth and accuracy of what those users Post (as defined below) on the Site including, but not necessarily limited to, the identity of the user and the truth or accuracy of any Post on the Site.

2.2 Verifying identity of an on line user is extremely difficult and Company does not confirm each users identity. You are responsible for determining the identity of other users who may contact You or who You may contact by means of this Site. Initially, You should only contact other users through the tools available on the Site. Company does not endorse or approve any user who uses or registers for the Services. You are solely responsible for your interactions with other users and You specifically agree that Company is not responsible or liable in any way for any damage or harm resulting from your interactions with other users. Company may monitor Your interactions with other users on the Site.

3. Provision of the Services

3.1 You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to You.

3.2 You acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at Company’s sole discretion, without prior notice to You. You may stop using the Services at any time. You do not need to specifically inform Company when You stop using the Services.

3.3 You acknowledge and agree that Company may disable access to Your account at any time and for any reason. You acknowledge and agree that if Company disables access to your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account.

3.4 You acknowledge and agree that while Company may not currently have set a fixed upper limit on the number of transactions You may take part in through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Company at any time, at Company’s sole discretion.

4. Use of the Services by You

4.1 In order to access certain areas of the Site, You may be required to provide information about yourself (such as identification, email address or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any and all information you give to Company will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including but not limited to any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services, or any portion thereof.

4.6 You agree that You are solely responsible for (and that Company has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.

5. Your Passwords and Account Security

5.1 You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services. Accordingly, You agree that You will be solely responsible for all activities that occur under Your account.

5.2 If You become aware of any unauthorized use of Your password or of Your account, you agree to notify Company immediately.

5.3 THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO THE SITE AND/OR THIRD PARTIES. NEITHER COMPANY NOR ANY OF ITS OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED COMPANY OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND COMPANY HAS HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.

Company may, without notice, suspend or cancel Your account or any Post made by You at any time if Company believes, in its sole discretion, that Your password is being used without Your authorization or otherwise in a fraudulent manner.

6. Privacy Policy and Your Personal Information

6.1 By submitting personal information through the Site, You agree to the Terms including the terms of this Section 6 “Privacy Policy” and You expressly consent to the processing of your personal information according to this Privacy Policy. When you visit the Site, You may provide certain types of information including: personal information you knowingly choose to disclose and use information collected by Company as You interact with the Site. When You register with the Site, You provide Company with certain personal information. When You enter the Site, Company may collect use information including Your browser type and IP address at any time such as when You are uploading photos or using other interactive Services. Company does not intentionally gather personal information about visitors to the Site who are under the age of 18.

6.2 By way of illustration, and not meant to be a complete listing, Company stores personal information, including the email addresses of: a) visitors who want to Post any Content; b) visitors who subscribe to upload their own photos and pictures – to allow them to retrieve forgotten usernames and passwords automatically, and to allow Company to contact them regarding any matters related to the uploaded photos and pictures; and c) visitors who contact Company via the “Contact Us” page to reply to emails. Additionally, Company may use Your email address or other personal information to send You a newsletter (if You request it) or otherwise inform You about matters related to the Site such as changes or new features.

6.3 Under certain circumstances, Company may collect your browser type and/or IP address. Company’s collection of such information includes, but may not be limited to: a) when you post information or photos on the Site; b) when you use the chat feature; c) when you use other features; d) when you subscribe for uploading of certain information or other features. Company’s use of this information includes, but is not limited to, gaining insight into the demographics of those utilizing the Site.

6.4 Company does not share your personal information or Site use information collected by Company as you interact with the Site with third parties except: 1) as necessary in connection with support of the Site (such as third party credit card processors) or 2) when deemed necessary by Company in order to enhance the information provided. Other than the foregoing, Company uses such information solely for its own purposes.

6.5 Whenever You give out personal information online, such as when discussing topics with other visitors to the Site via the Services, or other means, that information can be collected and used by people You don’t know. While this Site strives to protect Your personal information and privacy, Company cannot guarantee the security of any information You disclose online; You make such disclosures at Your own risk.

6.6 Company may update this Privacy Policy from time to time and as Services change and expand. Substantial changes to this Privacy Policy will be Posted on this page along with a notice that this Privacy Policy has changed. Once any changes that are made to this Privacy Policy become effective, Your continued use of the Services after such time will signify Your acceptance of the new terms.

6.7 This Site may contain links to other sites. Company is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site. Those websites are owned and operated by third parties and access to and use of those websites is governed by the terms and policies of those websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, advertising, or products on or available from such website. The inclusion of any link does not imply that Company endorses the linked site. You use the web sites, links and resources at Your own risk.

6.8 If you have any questions about this Privacy Policy, please contact us at contact@Network4Rentals.com.

7. Content

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “Content” and includes, but is not limited to, Content that You Post. “Post”, “Posted” or “Posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Site.

7.2 You should be aware that Content presented to You as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that You do not own.

7.3 Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Company may not provide tools to filter out Content including explicit sexual content. You understand and agree that there are commercially available services and software to limit access to material that You may find objectionable. Such services and software may easily be found by doing an online search for “parental controls” and/or “internet filter”. www.netnanny.com and www.parentalsoftware.org are just two sources of readily available online information. Filtering software is also readily available through many local office and software supply stores.

7.4 You understand that by using the Services You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at your own risk. Company may remove or edit any Content at any time and for any reason and/or ban users from the Site at any time and for any reason.

7.5 You agree that you are solely responsible for (and that Company has no responsibility to You or to any third party for) any Content that You Post while using the Services and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so.

7.6 When using the Services to contact others on the Site, you represent and warrant that you will not:

  • Infringe the rights (including any fair housing or similar rights) of any other preson
  • Discriminate against, defame, abuse, harass, sexually harass or threaten others
  • SPAM other members
  • Knowingly Post fraudulent material, stories or misrepresent Yourself in any way
  • Make any bigoted, hateful, or racially or sexually offensive statements
  • Advocate illegal activity or discuss illegal activities with the intent to commit them
  • Post, link to or distribute any material that infringes and/or violates any right of a third party or any law
  • Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images
  • Post, link to or distribute any software or other materials that contain a virus or other harmful component
  • Post, link to or make statements that do not generally pertain to the housing rental or lodging industry
  • Offer any accommodation that You do not own or rent or otherwise have the legal ability to offer for rent via this Site
  • Post solicitations in areas that are not designated for such purposes
  • Post or distribute material that exploits children
  • Post Content that is copyrighted and claim it as Your own
  • Post any Content that You do not own or have the right to Post
  • Register for more than one user account
  • Register for an user account that is not in your name
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity

7.7 You acknowledge that the content of this site may deal with housing and agree that You will not make any posting, which denotes “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination”.

7.8 Company is not responsible for the content or accuracy of any information Posted on the Site by users, and shall not be responsible for any transactions made based on such information.

8. Contact with and Actions by Third Parties

8.1 Company is not responsible for any contact that you may have with anyone other than the Company (“Third Parties”) even if You meet, correspond with, or otherwise come in contact with such Third Party through or in connection with the Services or the Site.

8.2 You should be aware that You or your landlord may choose to engage the services of or otherwise contract with Third Parties who advertise on the Site. Company makes no representations or warranties of any nature relating to Third Parties, including advertisers, or their products or services.

8.3 You acknowledge that any contact or dealings that You may have with Third Parties are solely at your risk and that Company has no liability for any potential damages of whatever nature be they damages to Your person or Your property.

9. Payment for Services

Payment for the Services, if any, is made in accordance with the terms on the Site. NO REFUNDS ARE GIVEN ONCE THE SERVICES ARE PURCHASED.

10. Proprietary Rights

10.1 You acknowledge and agree that Company (or Company’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company’s prior written consent.

10.2 Nothing in the Terms gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

10.3 You agree that You are responsible for protecting and enforcing any intellectual property right you may have in the Content You Post and that Company has no obligation to assist You in any way in protecting or enforcing such rights.

10.4 You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.

10.5 You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

11. License from Company

11.1 Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Company as part of the Services as provided to you by Company. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by these Terms.

11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.

12. Content That You Post

12.1 You are solely responsible for all Content You Post on the Site. By submitting, Posting or displaying the Content You give Company the right to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sell, distribute and otherwise use the Content in any manner Company, in its sole discretion, sees fit including, but not limited to, using the Content in advertising of any form and promotional material of any form and kind. This includes, but is not limited to, the right for Company to make such Content available to other companies, organizations or individuals.

12.2 You understand that Company takes no responsibility for the transmission of the Content that You Post to any other person. You take sole responsibility to determine whether the Content that You Post has any or no effect under any lease or contract that You may be a party to with any other user of the Services.

12.3 You understand that Company, at any time and for any reason, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make changes (including adding a watermark or other mark of identification) to your Content as deemed necessary or appropriate by Company in its sole discretion. You agree that Company may take these actions.

12.4 You confirm and represent and warrant to Company that you own the Content You Post and have all the rights, power and authority necessary to grant the above. You also represent and warrant that You will not Post any photos or other Content that is fraudulent, defamatory in any way, obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violate of any laws. Company is not responsible, and You agree not to hold Company liable, for any comments anyone may Post about You or about Content that You Post. Your obligations in this Section 10 are in addition to all other obligations contained in the Terms.

13. Warranty

13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

13.2 USE OF THE SERVICES IS AT YOUR OWN RISK. THE SITE, THE SERVICES, AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.3 COMPANY IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO OTHER USERS) CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE SERVICE (COLLECTIVELY, “THIRD PARTY MATERIALS”). WITHOUT LIMITING THE FOREGOING, COMPANY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND COMPANY CANNOT AND DOES NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT COMPANY REQUIRES. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13.4 YOU SPECIFICALLY AGREE THAT IF YOU ARE DISSATISFIED WITH THIS SITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

14. LIMITATION OF LIABILITY

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF COMPANY OR OF COMPANY’S OWNERS, EMPLOYEES, LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $1000, WHICHEVER IS GREATER.

14.2 THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Termination

Company may terminate and delete Your account, delete any Content You have Posted on the Site, and/or prohibit You from using or accessing the Services (or any portion thereof) for any or no reason, and at any time in Company’s sole discretion, with or without notice. Further, Company reserves the right to change any aspect or feature of the Site at any time without notice.

16. Indemnity

You agree to indemnify and hold Company and the officers, directors, agents and employees of Company, harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including attorneys’ fees) (“Claim”) arising out of or related to Your (a) use of the Services or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by You herein. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate with Company’s defense of these Claims.

17. Changes to the Terms

Company may make changes to the Terms from time to time. You understand and agree that if You use the Services after the date on which the Terms have changed, Your doing so signifies Your acceptance of the changed Terms

18. Venue

You and Company agree to submit to the exclusive jurisdiction of the courts located within the Licking County, Ohio, United States of America in the United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that Company shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms will be interpreted under the laws of the United States of America, State of Ohio. The terms of the United States Communications Decency Act of 1996, as amended, apply.

19. General Terms

19.1 If and to the extent that any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms in that or any other jurisdiction.

19.2 Section Headings – The section headings and numbering of these Terms are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.

19.3 No Waiver – No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

19.4 These Terms represent the entire agreement between You and Company related to Your use of the Site and supersedes all prior understandings, arrangements and representations, whether verbal, written, or presented online.