The kinds of personal information we collect from users of the Site and how that information is collected;
How we use your personal information;
The circumstances under which we disclose personal information to third parties; and
The mechanisms we have implemented to protect your personal information.
WHAT INFORMATION ARE YOU COLLECTING AND HOW ARE YOU COLLECTING IT?
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer's "Internet Protocol" IP address. When a visitor requests a page from any website within Company’s site, our Web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We use this information to examine our traffic in aggregate, and to investigate misuse of Company, its users, or to cooperate with law enforcement. We do not collect and evaluate this information for specific individuals.
We may collect and process the following data about you:
• Information you give us. You may give us information about you by
filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service,
participate in any discussion boards, forums or other social media functions on our site or enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial
and credit card information, personal description and photograph. We also store the Content that your upload or provide to the Service in order to provide you with the features and functionality of the Service.
• Information we receive from other sources. We may receive
information about you from individuals or corporate entities which are subscribers to our service (‘Subscribers’) where you are to be designated a user of our service. We may receive information about you if you use any of the other websites we operate or the other services we provide.
We are also working closely with third parties (including, for example, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them, subject to your agreements with them.
Technologies such as: cookies, beacons, tags and scripts are used by our Company and our marketing partners, affiliates, or analytics or online customer support service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may
receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Log Files – As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other
information we collect about you. We do this to improve services we offer you,
to improve marketing, analytics, or site functionality.
We use Local Storage (LSs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSs such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
We partner with a third party to either display advertising on our web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used
for the purpose of serving you interest-based ads, you may opt-out by clicking here.
Please note this does not opt you out of being served ads. You will continue to receive generic ads.
Uses of the Information
We use information held about you in the following ways:
• Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us only;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased that may be beneficial or inquired about;
- to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, please do not tick the relevant box situated on the form on which we collect your data (the registration form);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
• Information we collect about you. We will use this information:
- to carry out our obligations arising from any contracts entered into between a Subscriber and us;
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you, Subscribers and other users of our site about goods or services that may interest you or them.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive). We may use Credit reference agencies for the purpose of
assessing your credit score where this is a condition of us entering into a contract with you.
• Policy for Children. We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. Obviously, this does not apply in regard to information provided by the minor’s guardian(s) in regard to obtaining legal services for the benefit of those minors.
Disclosure of Your Information:
In certain situations, Company may be required to disclose personal data in response to a company merger or lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose your personal information to third parties:
• If Company or substantially all of its assets are acquired by a third
party, in which case personal data held by it about its customers will be
one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to
comply with any legal obligation, or in order to enforce or apply our terms
and conditions of service and other agreements; or to protect the rights,
property, or safety of our Company, our customers, or others. This
includes exchanging information with other companies and organizations
for the purposes of fraud protection and credit risk reduction.
• If Company is involved in a merger, acquisition, or sale of all or a
portion of its assets, you will be notified via email and/or a prominent
notice on our Web site of any change in ownership or uses of your
personal information, as well as any choices you may have regarding
your personal information.
Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to our Company.
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
User Access and Choice
Company will make commercially reasonable efforts to provide you reasonable access to any of your personally identifying information we maintain within 30 days of your access request. If your personally identifiable information changes, or if you no longer desire our service, you may [correct, update, amend, delete/remove, ask to have it removed from a public forum,
directory or testimonial on our site or deactivate it] by making the change on
our member information page or by emailing our Customer Support, or by contacting us by telephone or postal mail at the contact information listed on the website.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or by sending an email to the address on the Website.
Where We Store Your Personal Data
using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. While no transmission of information via the internet is completely secure, we take reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict
procedures and security features to try to prevent unauthorized access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by email.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Blogs and Social Media
Our website includes social media features, such as Facebook Like button — and widgets such as the Share button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted on our site or by a third party, and your interactions with these features
Our website includes publicly accessible blogs or community forums. Any information you provide in these areas may be read, collected and used by others who access them. This includes information posted on our public social media accounts. To request removal of your personal information from our blog or community forum, contact us by email. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
With consent, we may display personal testimonials of satisfied customers on our site, along with other endorsements. If you wish to update or delete your testimonial, you can contact us by email.
Links to Other Sites.
Our website may contain links to other websites that are created and maintained by others. Though the existence of a link on our website probably means that we think you’ll find the information interesting, we can’t guarantee the accuracy or completeness of anything on those websites, and we don’t assume any responsibility for anything contained on those sites. In addition, their privacy policies may be different than ours.
TERMS & CONDITIONS
1. You Accept These Terms.
2. Updates to Terms.
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity.
This is a general audience site for clients seeking legal services. We will assume (and by using the Services you warrant that) you have legal capacity to enter the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. No Solicitation or Offer.
The Site is designed to provide general information about Company, its products and services, and its related companies. Information on the Site is not intended to constitute an offer to sell or a solicitation of any product or service. Any Company product described on the Site may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your specific contract. The terms of your contract shall govern your relationship with company. Some products and/or services may not be available in all states or countries.
5. You Must Provide Accurate Information.
To access the Services or some of the resources it should offer, you may be asked to provide registration and/or account details. It is a condition of use of the Services that all the details you provide be correct, current and complete. If we at Company believe the details are not correct, current, or complete, we have the right to refuse you access to the Services, or any of its resources and to terminate or suspend your account.
6. Online Privacy Notice.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used by the Services.
7. Disclaimer of Warranties.
Although the attorney responsible for your matter may offer an opinion about possible results regarding the subject matter covered under your Agreement, no attorney can guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney will not constitute a guarantee.
8. Binding Arbitration of All Disputes; No Class Relief; Jury Trial Waiver. U.S. Residents. To the fullest extent permissible by law, any dispute of any kind between you and Company arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any state or federal court with substantial experience in business litigation and shall follow California substantive law in adjudicating the dispute, except that this Section 9(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 9(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Company. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. The costs shall be borne equally between the parties. USE OF COMPANY PRODUCTS AND/OR SERVICES CONSTITUTES AGREEMENT TO THESE TERMS AND CONDITIONS TO UTILIZE ARBITRATION, WAIVE JURY TRIAL, TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the Section 9(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 9(b). Your notice to us must be sent to us at email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will engage in a dialogue in order to attempt to resolve the Section 9(b) Dispute, though nothing will require either you or Company to resolve the Section 9(b) Dispute on terms which either you or Company, in each of our sole discretion, are uncomfortable with. If a resolution cannot be reached, , any dispute of any kind between you and Company arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any state or federal court with substantial experience in business litigation and shall follow California substantive law in adjudicating the dispute, except that this Section 9(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 9(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the Company.
9. Trademarks and Copyrights.
The Services, software and materials incorporated by Company for the Services (“Material”) are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Company for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Company or others (“Trademarks”). Company respects the intellectual property rights of others and asks users of the Services to do the same.
10. Permitted Uses.
Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content of Services for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, private and personal use only. The Material and all other content of the Services may not otherwise be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by Company. Any authorization to copy Material granted by Company in any part of the Services for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF COMPANY OR CONTENT PROVIDERS. COMPANY DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF COMPANY. COMPANY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN COMPANY’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Company is interested in hearing from you regarding your questions or comments about our Services. However, Company does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Therefore, please do not send any unsolicited submissions to Company.
14. Invited Submissions.
From time to time, Company may expressly request submissions of content from you, such as testimonials regarding your experiences with Company (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services. By sending in content, you expressly agree to release Company for any liability from use of the content and furthermore assign ownership of the content to Company.
13. Our Use of Content.
Company will consider anything you provide to Company and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
14. Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered through the services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content of the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
15. Seller; Risk of Loss.
Company is or may be the seller of various goods and services through the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or delivery of access via the internet.
You agree to defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Company’s servers and/or from any and all use of the Services or your account.
17. System Abuse.
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on the Services. In addition, you are prohibited from removing any material inserted by Company anywhere on the Site (e.g., on any web space made available for your use).
18. Passwords and Security.
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for maintaining the security and confidentiality of your username and password (if any). Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Company considers insecure, Company will be entitled to require this to be changed and/or terminate your account.
Company reserves the right to investigate suspected violations of these Terms. Company may seek to gather information from the user who is suspected of violating these Terms and from any other user. If Company believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts, or take other corrective action it deems appropriate. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY COMPANY OR LAW ENFORCEMENT AUTHORITIES.
In order to use the Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
21. Reservation of Rights.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Site, with or without notice and/or to establish general guidelines and limitations on their use. This Application is governed by both the Apple and GooglePlay standard End User License Application (EULA) policies. Company is the “Licensor” in regard to the App, and hereby reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
22. Local Regulations.
Company makes no representation that Materials or other content on the Services are appropriate or available for use outside the Country in which the service is subscribed to, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
23. Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that (whether or not such sites are affiliated in any way with Company) LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Company or any association with its operators.
24. Proprietary Online Services.
Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
25. Jurisdictional Issues.
The Materials and all other content of the Services are presented for the purpose of providing information regarding Company products or services.
26. Choice of Law.
With the exception of Section 9 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Except where prohibited by law, any claim or dispute that does not fall under Section 9, i.e., disputes pertaining to Company’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the federal and state courts in Orange County, CA, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.
27. Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
How to Contact Us.
The Services are controlled and operated by Company located at 400 Spectrum Center Dr #220 Irvine, California 92618. You may contact us at firstname.lastname@example.org or (714) 869-2900.
If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Company relating to the matters contained here and the Services.
Each party represents and warrants to each other that this Agreement constitutes their valid and binding agreement, and they have not assigned or purported to have assigned to any person or entity any right or benefit that they have transferred under this Agreement and they agree to indemnify and hold harmless each other and their respective predecessors, successors, heirs, representatives, and assigns, from any and all losses, claims, liabilities or damages resulting from any assignment or purported assignment of the rights or benefits transferred herein.
This Agreement contains the entire understanding of the parties and can be changed only by an instrument in writing signed by the party against whom enforcement of any change, modification, waiver, or discharge is sought.
This Agreement shall be interpreted, enforced and governed by the laws of the State of California, and any action to interpret, enforce and/or concerning the subject matter of this Agreement shall be brought in a court of competent jurisdiction located in the County of Orange, State of California.
This Agreement may be executed in counterparts and any counterparts are hereby declared to be part of the original. Facsimile or emailed signatures shall be as valid as original signatures.
This Agreement is not to be construed in favor of or against any party, regardless of which party or parties drafted or participated in the negotiation or drafting of its terms. Any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
All terms recited within this Agreement are declared to be material terms. Where applicable, time is declared to be of the essence.
Neither party may assign the rights nor delegate the duties contemplated under this Agreement without the prior express written consent of the other party.
This Agreement shall inure to the benefit of and be binding upon the predecessors, successors, heirs, representatives, affiliated entities and assigns of each of the parties hereto.
The failure of either party to this Agreement to object to or take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of that conduct or of any future breach or subsequent wrongful conduct.
Neither party may alter any of the terms of this Agreement unless done so in writing and signed by an authorized representative of both parties.
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. Additionally, if any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted or modified, that part will be deemed to be deleted or modified, and the rest of the Clause will continue in effect unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted.
The parties declare that the headings of this Agreement are provided for ease of navigation and to not encapsulate all the applicable and relevant terms.
Any notice required or permitted under this Agreement shall be deemed given, if in writing, on the earliest of i) delivery of such notice, or ii) five (5) days after deposit of such notice in the U.S. mail, first class postage prepaid and addressed to the opposing party at the address shown for them in this agreement, although such address may be changed by written notice from one party to the other as necessary. Electronic mail or facsimile is permitted under this Agreement.
I am submitting this Client Application and other information for consideration of Company pursuant to the terms and conditions within the Agreement.
I understand that by submitting this Client Application and other information, the Company may conduct due diligence. I understand that I must qualify for services as provided within the Agreement.