1. AGREEMENT TO TERMS
- These Terms of Service (or "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “yourself”) and CoreMedix Pro (“Company” or “we” or “us” or “our”), concerning your access to and use of the CoreMedix Pro website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and/or creation of your account with us on the Site (by choosing any of the options provided by us, from time to time) for, inter alia, accessing/using Services at the Site.
- You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby, expressly incorporated herein, by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.
- We control and operate the Site from our offices in Degloor, Dist: Nanded, State: Maharashtra, India. We make no representation that the Site is appropriate, lawful, or available for use in any location other than India. As such, if any person chooses to access or use the Site from locations outside India, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access/ use of the Site from jurisdictions where the content or practices of the Site are illegal, unauthorized, or penalized is strictly prohibited.
2. USER REPRESENTATIONS
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By using the Site, you represent and warrant that:
- (A) You have the legal capacity and you agree to comply with these Terms of Service;
- (B) You are not a minor in the jurisdiction in which you reside;
- (C) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- (D) You will not use the Site for any illegal or unauthorized purpose;
- (E) You have not been previously suspended or removed from the Site by CoreMedix; and
- (F) Your use of the Site will not violate any applicable law or regulation.
- Additionally, in order to use the Site and access any Services thereto, you represent that any registration and account information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
- If you provide any information that is untrue, 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 portion thereof).
3. SERVICES
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We provide you with access to the Site free of charge, but to enjoy the full benefits of the Site and
certain features or functionality, you may have to purchase/subscribe to certain Services, in which case
you may have to download our mobile application or access our website and register your account with us.
- There may be special promotional plans, memberships, or services, including offerings of third-party products and services, which may be offered from time to time. However, we are not responsible for the products and services provided by such third parties.
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The Services will also be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”).
- Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.
- Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
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When creating an account with us:
- You must provide true, accurate, current, and complete information as we request. If there are any changes to the information you provide in connection with your account, you must update the applicable information promptly, as necessary, to keep it current and accurate.
- You represent to us that the information provided upon the creation of your account is accurate and that any email address you provide is an email address controlled by you.
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You acknowledge and agree that you are fully responsible for all activities that occur through your account with us,
so you should keep it secure.
- Notify us through the Contact Us page if you suspect or know of any unauthorized use of your account or any other breach of security.
- We will not be liable for any loss or damage arising from unauthorized use of your account with us.
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For better user experience, we are refining and evolving our Services over time. Accordingly, we reserve the right
to alter, amend, change, add to, suspend, retire, or discontinue any aspect of the Services at any point, without
prior notice.
- If you object to a change made to the Services, your sole remedy is to stop using the Services.
4. THIRD PARTY SERVICES
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We may link to or offer third-party services on our Site or otherwise through the Services.
- Any purchase, enabling, or engagement of such third-party services, including but not limited to implementation, customization, and any exchange of information between you and your opted third-party services, is solely between you and the applicable third-party service provider.
- Such interactions shall at all times be subject to the terms and conditions of the respective third-party service provider.
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The Company does not warrant, endorse, or support third-party services and is not responsible or liable
for:
- The services provided by such third-party providers.
- Any losses or issues that arise as a result of your use of such services.
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If you purchase, enable, or engage any third-party services for use in connection with the Services:
- You acknowledge that the Company may allow such third-party providers to access your data/ information used in connection with the Services, as required for the interoperation of such services.
- You represent and warrant that your use of any third-party service signifies your independent consent to the access and use of your data by the third-party service providers.
- Such consent, use, and access are outside the Company’s control. The Company will not be liable for any disclosure, modification, or deletion of data resulting from any such access by third-party providers.
- As of the date of these Terms of Service, the Company provides the following third-party services. If you opt to engage any of them, we highly encourage you to review their independent terms of service:
- Please note that the above list may not be conclusive or exhaustive. The Company reserves the right to alter, amend, change, add to, or suspend any of the third-party services to deliver its Services more efficiently.
5. PRIVACY
- You acknowledge and agree that to access or use the Site and for performance of the terms, it is essential that we process information about you and other users.
- Your privacy is important to us. Please read our Privacy Policy to learn how we may collect, use, share, and store your information.
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The Privacy Policy is part of and is governed by these Terms. By agreeing to these Terms, you:
- Agree to be bound by the terms of the Privacy Policy.
- Consent to the use of information collected from you in accordance with the terms of the Privacy Policy.
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If you do not agree to the use of your personal information in accordance with our Privacy Policy:
- You should not access or use any portion of the Site and/or the Services.
6. CONSENT TO COMMUNICATIONS
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You have consented to receiving electronic communications from us, including:
- Emails
- Calls
- Push notifications
- Text messages
- For more information about how we use your information, please read our Privacy Policy.
7. USER REGISTRATION & CONDUCT
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Signing-up and Process of Member Account Creation:
The Services include a cloud-based platform for customer relationship management, pharmacy billing, and inventory management. To use the Site and Services, you must first sign up and provide true, complete, current, and accurate information. Verification is mandatory through:
- Step 1: Mobile number verification via a unique code.
- Step 2: Email verification via a unique code.
Only verified users can access the Services. If you want to update your registered information in the future, it can only be changed by verifying your registered email address. CoreMedix is not responsible for the authenticity or genuineness of the information you submit during registration.
- Protection: You are responsible for ensuring the confidentiality of your user identification and password. Notify us immediately if you suspect your account has been compromised. CoreMedix will not be liable for any losses arising from unauthorized use of your account.
- Not an Offer: Unless otherwise stated, descriptions or information about the Services are not considered an offer. Requests for Services are only concluded when accepted or provided by us or relevant third parties.
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User Contributions:
You may create, submit, post, display, or transmit content on the Site ("Contributions"), which may include text, images, comments, or other materials. Contributions may be viewable by us for research and development purposes and will be treated as per our Privacy Policy. You acknowledge that:
- You will not receive any compensation for your Contributions.
- CoreMedix reserves the right to remove any Contributions it deems objectionable.
- CoreMedix is not liable for statements or representations made in your Contributions.
- Your Contributions may be preserved or disclosed to comply with legal obligations.
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Representation and Warranties:
By providing Contributions, you represent and warrant that:
- Your Contributions do not infringe proprietary rights (e.g., copyrights, trademarks).
- You own or have the necessary rights and permissions to submit the Contributions.
- Your Contributions:
- Are not false, misleading, or inaccurate.
- Do not include unauthorized advertising, spam, or solicitation.
- Are not obscene, defamatory, violent, or otherwise objectionable.
- Do not violate laws, regulations, or third-party rights.
- Your Contributions comply with all applicable terms and policies.
Violation of these representations may result in suspension or termination of your access to the Site. CoreMedix reserves the right to remove Contributions that infringe intellectual property rights or are otherwise objectionable in its sole opinion.
8. SUBMISSIONS
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You, hereby, waive all moral rights to any such Submissions, and you, hereby, warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all source code databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (including the Services) (collectively, “Content”), and the trademarks, service marks, and logos contained therein (“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 laws of India, international copyright laws, and international conventions.
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, whatsoever, without our express prior written permission.
- Provided that 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, to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
10. PROHIBITED ACTIVITIES
- You may not access or use the Site and/or the Services for any purpose other than that for which we make the same available. The Site (including the Services) may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a user of the Site (including the Services), you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- 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 enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site of the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- 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 pretences.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavour or commercial enterprise.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- (A) Monitor the Site for violations of these Terms of Service;
- (B) Disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances determined by us in our sole discretion;
- (C) With or without prior notice, suspend or terminate your account if activities occur on your account which, in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Services, infringe or violate any third-party rights, damage our reputation, or violate any applicable laws or regulations;
- (D) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
- (E) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your ability to use any of our Services or any portion thereof;
- (F) In 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 are in any way burdensome to our systems;
- (G) Otherwise manage the Site in a manner designed to protect our, our members, and third-party rights and properties and/or to facilitate the proper functioning of the Site.
12. TERM AND TERMINATION
- These Terms will continue to apply to you and remain in full force until terminated by either you or us.
- Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.
- We may, in our sole discretion, without prior intimation or warning, terminate your use or participation in the site or delete any content or information that you posted at any time.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. CoreMedix is and will not be responsible for any loss or damage arising to you from such termination of your use of the Site.
- You may terminate these Terms of Service at any time, in which case you may not continue accessing or using the Site and/or the Services. To learn how to terminate your account with us, please contact us.
- If you or we terminate these Terms of Service, or if we suspend your access to/use of the Site, you agree that we shall have no liability or responsibility to you, in any manner, whatsoever, and (except as expressly provided in these Terms of Service) we will not refund any amounts that you have already paid.
13. MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
- However, we have 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 notice at any time.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
- You agree that we have no liability, whatsoever, for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
- Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
14. DISCLAIMER
- We make no promises, representations, warranties, or guarantees that the Site and/or the Services will operate as intended. The Site and/or the Services may not function as intended due to certain errors or other interruptions. By using the Site and/or the Services, you understand and accept this risk and uncertainty.
- THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, 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 Site's content or the content of any websites linked to the Site, and we will assume no liability or responsibility for any:
- (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
- (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES;
- (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
- (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA 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 hyperlinked website, 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 providers of products or services.
- As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
15. LIMITATIONS OF LIABILITY
- IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, PARTNERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, GOODWILL, OR OTHER DAMAGES (INCLUDING INTANGIBLE DAMAGES) ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE, WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR [INR/USD -].
16. INDEMNITY
- To the fullest extent permissible by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, without limitation, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- (A) use of the Site and/ or the Services;
- (B) breach of these Terms of Service;
- (C) any breach of your representations and warranties set forth in these Terms of Service;
- (D) your violation of the rights of a third party, including but not limited to intellectual property rights; and/ or
- (E) any overt harmful act toward any other user of the Site with whom you connected via the Site.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.
- We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
- You consent to receive electronic communications, and you 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, HEREBY, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
- You, hereby, waive any rights or requirements under any statute, regulation, rule, ordinance, or other laws in any jurisdiction, which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18. 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 the information on the Site at any time, without prior notice.
19. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by and defined following the laws of India.
- The Company and yourself irrevocably consent that the courts of [-] shall have exclusive jurisdiction to resolve any dispute, which may arise in connection with these Terms.
- Any dispute or difference either in interpretation or otherwise, of these Terms and other policies on the Site, between you and CoreMedix/Company, shall be resolved by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996.
- The arbitration proceeding shall be conducted in English language.
- The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The seat of arbitration shall be Ahmedabad, India.
- Without any prejudice to our rights set-out in these Terms, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its Content and Marks or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
20. GENERAL
- Entire Agreement: These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site and/or the Services constitute the entire agreement and understanding between you and us.
- Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by applicable law.
- Assignment: We may assign any or all of our rights and obligations to others at any time. You will not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
- Liable: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- Severability: If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
- Relationship: There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site and/or the Services.
- You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You, hereby, waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto, to execute these Terms of Service.