"Company" means GlobalConNet LLC, with the legal address of 9675 NW 117th Ave Suite 405, Miami, FL 33178.
"Website" means this Website or the Website of any one of GlobalConNet LLC 's subsidiaries or unincorporated operating divisions, as appropriate.
"GlobalConNet" means GlobalConNet LLC, its subsidiaries, and its unincorporated operating divisions.
"CUSTOMER," "YOU," and "YOUR" refer to:
the natural person using this Website, regardless of whether he or she is acting is his or her individual capacity, or as the agent for any other natural person or business entity; and
the natural person who is the principal of any electronic agent(s) using this Website, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this Website.
In this Agreement, the Company and YOU may sometimes be referred to collectively as the "PARTIES." Where this Agreement uses the term "PARTIES," it intends both YOU and the Company.
Disclaimer of Warranties
Your use of this Website and any components of this Website are at your sole risk, and you voluntarily assume that risk. This Website and all of its components are provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion and provided by the manufacturer or service provider or carrier.
The Company hereby disclaims all WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE or any warranties arising from course of dealing or usage of trade.
No advice or information given the Company shall create a warranty of any kind. The Company does not warrant that the service will be uninterrupted or error-free or that any information, software, or other material accessible on the service is free of viruses, cancelbots, worms, logic bombs, trojan horses, or other harmful contents or components.
The Company is not responsible for the contents of any website to which this Website links, or any link contained in a linked website, or any changes or updates to such websites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company to which this Website links, nor shall any link create any express or implied warranty binding on the Website.
The merchandise, products or services (collectively, the "merchandise") offered for purchase through this Website are provided by third parties who are not under the direction or control of the Company Nor does the Company either expressly or impliedly claim to be an authorized dealer or representative of any of the individuals, companies, or organizations (collectively referred to as "vendors") who are offering or promoting merchandise through the Website. The Company neither represents nor warrants nor endorses the accuracy or reliability of any information or advertisements uploaded, displayed, or distributed through this Website. The Company in no way either expressly or impliedly takes responsibility for the quality of any merchandise available for purchase through This Website.
The Company further disclaims all warranties on the merchandise, either express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
The Vendors selling the merchandise through this Website are solely responsible for the representations regarding the merchandise advertised on this Website. In no event shall the Company, its parents, it subsidiaries, it members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors, or their respective employees be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorney's fees or any direct, indirect, special punitive, incidental, exemplary or consequential damages, or any kind of damages whatsoever, even if the Company or any of the other persons or entities identified in this paragraph have been advised of the possibility of such damages, whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery, arising out of or in connection with the use, inability to use of performance of the information, merchandise and materials available from the Website.
By YOUR agreeing to this disclaimer, YOU are indicating that YOU will not for any reason take any legal action against the Company, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors, or their respective agents or employees with respect to any matter covered by the aforementioned disclaimers.
Disputes between YOU and any vendor mentioned in this Website should be addressed to and taken up with the particular vendor, carrier and/or service provider and not with the Company.
Furthermore, YOUR acceptance of this disclosure also indicates that YOU will in no way use the Company as a mediator or witness in any disputes between YOU and any vendor.
Further, you are also agreeing that if any portion of this disclaimer is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer will be stricken and the remaining portions shall be valid and binding.
Limitation of Liability
The Company's entire liability and your exclusive remedy with respect to use of this Website and any components of this Website, as well as the Company's liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to the Company. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the Company's liability is limited to the extent permitted by law.
In no event shall the Company be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys' fees or any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any kind of damages whatsoever, even if the Company has been advised of the possibility of such damages, whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery, arising out of or in connection with the use, inability to use or performance of the information, merchandise, and materials available from this Website, or any part thereof, or your reliance on or use of information, services, or merchandise provided on or through this Website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event that the Company is found liable under any circumstance under the terms of this agreement, the Company's liability shall be limited to the liability as stated in this disclaimer.
Severability of this Agreement
If any portion of this disclaimer and limitation of liability is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer and limitation of liability will be stricken and the remaining portions shall be valid and binding.
Other Applicable Website Pages
Revisions to this Agreement.
YOU may not revise any of the terms of this Agreement without expressed prior authorization and written agreement signed by a duly authorized Officer or Manager of the Company.
The Company serves a variety of customers, retailers, and distributors, and cannot negotiate separate contracts with each of its customers. The Company is able to offer competitive pricing and billing by using standard Terms of Service contracts for all of its customers.
The Company reserves the right to, and may, revise this Agreement at any time, and such revisions shall become effective thirty (30) days after the Company posts the revised Agreement for public viewing. The revisions to the Agreement shall include notice of the date of posting the most recent revision to the Agreement.
YOU agree to read the revisions to this Agreement periodically and preferably, at least once every thirty- (30) days to become aware of such revisions to this Agreement.
YOUR continued use of this Website more than thirty (30) days after the Company posts revisions to this Agreement, as described above, shall be conclusively deemed YOUR assent to the additional terms and conditions made part of this Agreement by such revisions.
If any such revised or additional terms and conditions are unacceptable to YOU, or if YOU do not agree to and do not wish to be legally bound by such revised or additional terms and conditions, you may terminate this Agreement as provided in Section 13 below.
Services Provided to CUSTOMER.
The Company grants YOU a limited, non-exclusive, and nontransferable license to use This Website and its various components to purchase prepaid airtime refills from third-party carriers or to refer third parties to This Website for the sole purpose of purchasing such services. This license is subject to the restriction, that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or de-compile, disassemble or make derivative works from the software residing at or used to operate This Website. YOU may not modify the Website in any manner or form, or use it in any way which is not expressly authorized by the Company, other than to access this Website, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to the Website's service or data (also known as "hacking"). YOU agree to abide by the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including the Website's software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any required Website government authorization or licensing requirements and without first providing the Company with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.
Subject to all the terms and conditions of this Agreement and all applicable laws, YOU may access, for YOUR sole use, the Company's proprietary content offered at This Website and accessible through the Website's home page on the World Wide Web.
The Company will provide YOU with such customer and technical support related to YOUR use of This Website, at no additional charge, subject to the restrictions posted on the Customer Support area of This Website.
Warranties and Representations of CUSTOMER.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.
YOU represent and warrant that YOU are a citizen or a lawful resident of the United States of America or of Canada.
Should you opt to register for an account in this Website, YOU acknowledge that YOU must choose a unique user name to identify YOU to this Website. The Company expects YOU to be reasonable and responsible in selecting a user name. Vulgar or otherwise offensive user names may offend other persons and are unacceptable. YOU may not select or use a user name that is the real name of another person, or a user name that violates a trademark right, copyright, or any other proprietary right, or which the Company deems in its sole discretion to be vulgar or otherwise offensive. The company reserves that
YOU understand that YOUR password is confidential and is intended solely for YOUR use and for no other person's use.
YOU understand that the Company will rely on YOUR agreement to keep YOUR password secret and confidential and that YOU will not reveal YOUR password to any other person or entity, except as required by law.
YOU understand that disclosure of YOUR password to any other person or entity, except as required by law, could cause irreparable damages to the Company, including, but not limited to compromise of the Company's confidential and proprietary business information and trade secrets, compromise of the integrity of the information and communications of the Company's other customers, interruption of the Website's services, lost profits to the Company, and damages to the Company's business reputation and goodwill.
YOU understand and agree that disclosure of YOUR password to any other person or entity, except as required by law, is a MATERIAL BREACH of this Agreement, and MAY VIOLATE LOCAL, STATE, and FEDERAL LAW.
In the event that YOU disclose YOUR password to any other person or entity, YOU shall and hereby do forever agree to defend, hold harmless, and indemnify the Company from any harm or damages whatsoever resulting directly or indirectly from YOUR disclosure of YOUR password to any other person or entity.
YOU understand and agree that YOU shall be entirely liable for all activities conducted through use of YOUR password, whether any third person or entity may also be liable for such activities.
Information YOU Provide to the Company
YOU agree to provide the Company with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to the Website's service, and may result in immediate termination of YOUR account and subject YOU to civil and/or criminal liability. YOU further acknowledge that it is a Federal and State criminal offense to purchase any product from the Website by fraudulent means.
Charges, Fees, and Payment.
Rates and Billing Methods; Subject to Change with Notice.
The rates and charges for airtime refill products available from the Website, as well as the methods of payment shall be those posted on this Website, as amended or revised from time to time.
If YOUR chosen payment method for the Website's service is by credit or debit or prepaid card , and the Company has not received payment from the card issuer or its agents, YOU agree to pay all amounts due upon demand by the Company.
YOUR card issuer's agreement governs YOUR use of YOUR designated payment card in connection with This Website, and YOU must refer to such agreement and not this Agreement with respect to YOUR rights and duties as a cardholder.
Upon written request, the Company will provide YOU with a written statement of charges. Unless YOU notify the Company of any discrepancies within ninety (90) days after they first appear on the written account statement, they will be deemed acceptable by YOU for all purposes, including resolution of inquiries made by YOUR card issuer or bank.
YOU release the Company from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to the Company within 90 days of its publication to YOUR account.
YOUR Responsibility for Charges.
YOU shall be responsible for all charges resulting from YOUR use of this Website and the use of this Website by any other person who uses your user name and password, regardless of whether YOU have actually authorized such charges.
If YOU misplace YOUR user name or password or both, or suspect that someone else may be using them without YOUR authorization, YOU agree that YOU will notify the Company immediately. Failure to notify the Company may result in YOUR being liable for unauthorized charges.
Failure to Make Timely Payment.
The Company reserves the right to suspend or terminate YOUR account and YOUR access to this Website for any amounts past due. Amounts past due include, but are not limited to denied charges and dishonored checks.
Termination of YOUR account and/or YOUR access to this Website shall not relieve YOU from the obligation to satisfy outstanding invoices and to pay to the Company all amounts YOU owe to the Company pursuant to this Agreement, or otherwise.
In the event the Company utilizes an attorney at law to collect any unpaid amounts from YOU, YOU shall be responsible for the payment of all of the Company's attorneys' fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.
Limitations on Use of This Website
In any given 24-hour period, the number of purchases and the aggregate monetary value of the purchases YOU may make from this Website is limited. YOU agree that the Company reserves the right to change these limits at any time without notice and that the Company shall not be liable to YOU in any manner, for any reason, under any legal theory as a result of changing such limits. YOU further agree that YOU will not exceed or attempt to exceed these limits.
Intellectual Property Rights.
All Content the Company provides on any and all of its pages on this Website, any and all files, software, and databases the Company uses to operate this Website, and any and all files the Company makes available to YOU for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and other copyright laws as individual works, and as a collective work and/or compilation, and the Company claims and owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
YOU agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display, create collective works or compilations including, or in any way exploit, any of the Content, in whole or in part; provided that if the Company applies no specific restrictions directly or indirectly in relation to a particular item of Content, YOU may make a reasonable and limited number of copies of such item, including copyrighted material, provided that
YOU make and use the said copies solely for YOUR personal and non-commercial use;
YOU ensure that any notices contained in the Content such as all copyright, trademark, service mark, patent, and other proprietary rights notices are reproduced in an unmodified form in all such copies; and
YOU refrain from transferring such Content to any other person, entity, computer, computer network, or other device, without the prior express written consent of the Company
Intellectual Property Rights of Third Parties.
Third persons not parties to this Agreement shall retain all rights they have to intellectual property rights to Content they own and which they enjoy by law. YOU agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify the Company from any infringement YOU cause to the rights of any third party in any intellectual property rights that may result from YOUR use of this Website.
YOUR Duties Under this Agreement.
YOU agree to abide by and perform all the terms and conditions of this Agreement at all times.
YOU agree to abide by and to follow all applicable laws in using This Website and, to the extent allowed by law, YOU agree to defend, hold harmless, and indemnify the Company from any damages caused by YOUR violation of any applicable laws.
YOU acknowledge that access to or use of this Website may not be legal in certain countries. If YOU access or use this Website outside the United States of America, YOU do so at YOUR own risk and are responsible for compliance with the laws of the jurisdiction in which or from which YOU access or use this Website.
YOU may not use this Website or any products or services you purchase by way of this Website for any unlawful purpose.
The Company reserves the right to discontinue furnishing service or to limit the use of this Website necessitated by conditions beyond its control; or if YOU use this Website or any products or services you purchase by way of this Website in violation or attempted violation of the law.
Refraining from Certain Activities.
YOU further agree that YOU will not do or attempt to do any of the following activities in connection with YOUR use of this Website or otherwise:
Violate the security of this Website or any other computer network, or crack passwords or security encryption codes;
Transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
Impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that YOU are not authorized to use;
Solicit other customers, retailers, or distributors to become customers of other companies or services directly competing with the Company; or
Violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, or Internet service providers that YOU use to access this Website.
No Multiple Accounts Without Prior Permission .
Unless YOU obtain prior written permission from the Company, YOU shall not register for, apply for, or otherwise obtain multiple accounts or means of accessing this Website. YOU agree that if YOU register for, apply for, or otherwise obtain multiple accounts or means of accessing this Website without obtaining prior written permission from the Company, the Company may immediately terminate all of YOUR accounts without notice to YOU.
Once YOUR account in this Website or YOUR access to this Website has been terminated, for any reason, YOU shall pay in full any delinquent, past due, or unpaid accounts and shall resolve all issues in dispute with the Company before YOU may register for, apply for, or otherwise obtain a new account to use this Website.
Increasing Network Usage and Traffic.
YOU agree not cause or attempt to cause traffic levels to the Website's related servers and networks, or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to, transmitting large files to email, ftp, or other servers for malicious purposes, "mailbombing," transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same content to the Website for the purpose of harassment.
Attempting to Circumvent or Bypass System Security Measures.
YOU agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form.
YOU agree not to attempt to cause, or actually cause, any disruption of service on this Website or any other network or any server housing this Website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.
YOU agree not to abuse or attempt to abuse the system and resources of this Website in any manner.
YOU agree not to violate or attempt to violate the security of the authentication and accounting procedures of this Website.
YOU agree not to attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of this Website or any of its various components.
Indemnification of the Company by CUSTOMER.
Upon request of the Company, YOU agree to defend, indemnify, and hold harmless the Company, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its agents, its contractors, or their respective agents and employees, and all their respective successors and assigns from all liabilities, claims, losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from breach of this Agreement by use of, or in connection with, the transmission by or through YOUR account of any content or communications.
The Company reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU hereunder, and in such event, YOU shall have no further obligation to provide indemnification for such matter.
YOU shall promptly notify the Company in writing of any claim arising or potentially arising under this indemnity.
Termination of Agreement.
Either YOU or the Company may terminate this Agreement at any time. YOUR sole right with respect to any dissatisfaction with any term of this Agreement, as revised or amended from time to time, or the Company's performance of this Agreement is to terminate this Agreement by notifying the Company in writing.
Alternative Dispute Resolution.
Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo ante bellum or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, any dispute arising under this Agreement shall be resolved through a negotiation/mediation/ arbitration approach.
YOU and the Company agree first to try to resolve the dispute informally between ourselves through good-faith negotiations. If it proves impossible to reach a mutually satisfactory solution to the dispute by negotiation, then YOU and the Company agree to use mediation as described below.
YOU and the Company agree to try to resolve the dispute informally and in good faith with the help of a mutually agreed-upon mediator. The mediator shall have such qualifications and experience as YOU and the Company shall agree upon.
If YOU and the Company cannot agree upon the choice of a mediator, then YOU shall submit to the Company the names of three qualified candidates acceptable to the Company to mediate the dispute between us and the Company shall select as mediator one of those three candidates whose names YOU have submitted to the Company.
Alternatively, if YOU cannot submit to the Company the names of three qualified candidates to serve as a mediator, then the Company shall submit to YOU the names of three qualified candidates acceptable to the Company to mediate the dispute between us and YOU shall select as mediator one of those three candidates whose names the Company has submitted to YOU.
The mediation shall be conducted in good faith and on such terms and conditions as the mediator, YOU, and the Company shall agree.
YOU and the Company shall each pay the mediator one half of the fee for the mediator's services, regardless of the outcome of the mediation.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, YOU and the Company agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration may be conducted by one impartial arbitrator by mutual agreement or by three arbitrators if YOU and the Company are unable to agree on a single arbitrator within 30 days of first demand for arbitration. All arbitrators are to be selected from a panel provided by the American Arbitration Association. The chair of the arbitration panel shall be an attorney at law, and the other arbitrators shall have a background or training either in computer or Internet law, computer software, or Internet telecommunications technology, the marketing of computer software products, or electronic commerce conducted via the Internet.
Upon request of either YOU or the Company, the arbitrators shall have the authority to permit discovery to the extent they deem appropriate.
A court reporter shall record the arbitration hearing and the reporter's transcript shall be the official transcript of the proceeding.
The arbitrators shall have no power to add or detract from the agreements of YOU and the Company and may not make any ruling or award that does not conform to the terms and conditions of this Agreement.
The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that, which would otherwise be granted by a court of law or equity.
The arbitrators shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages.
Any damages awarded shall conform to the terms and conditions of this Agreement.
The arbitrators shall specify in writing the basis for any damage award and the types of damages awarded.
The decision of the arbitrators shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either YOU or the Company.
The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrators shall, for good cause, determine otherwise.
Consent to Jurisdiction; Venue.
Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by the Company
Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Delaware. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Delaware, without regard to Delaware's choice of law and conflicts of law rules, and the Company.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") OR ANY SUCCESSOR MODEL ACT THAT IS SUBSTANTIALLY SIMILAR TO THE APPROVED DRAFT OF UCITA APPROVED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (NCCUSL) ON OR ABOUT AUGUST 4, 1999, OR ANY STATE LAW THAT IS SUBSTANTIALLY SIMILAR TO THE AFOREMENTIONED MODEL UCITA OR SUCCESSOR LAWS, SHALL APPLY TO ANY TRANSACTION OR ANY PART OF ANY TRANSACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF ANY STATE IN WHICH UCITA MAY HAVE BEEN ENACTED AT THE TIME SUCH TRANSACTION OR ANY PART OF SUCH TRANSACTION PURSUANT TO THIS AGREEMENT SHALL HAVE OCCURRED.
The Company shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications service or connection to any telecommunications service, or any cause beyond the reasonable control of the Company.
Non-transferability of Right to Use Service.
The rights to use this Website and YOUR account are not transferable. Accounts and access to this Website are for YOUR sole use. YOU shall be responsible for the confidentiality of YOUR password. Loaning YOUR account, user name, or password to other persons is expressly prohibited.
Violation of those terms shall constitute theft of the Company's service and property and may be prosecuted under civil and criminal law.
Notices Pursuant to this Agreement.
YOU agree to notify the Company if YOU move or otherwise change YOUR postal or email address or phone number, and to list a truthful name, postal address, e- mail address, and telephone number on all forms YOU supply to the Company.
YOU may notify the Company by email at [email protected].
The Company will notify YOU by email at the most current email address YOU have provided to the Company of any notices the Company is required to provide to YOU under this Agreement. YOU are solely responsible for ensuring that the Company has YOUR most current email address, and The Company shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable email The Company sends to the most current email address YOU have provided to The Company
No Waiver of Provisions of this Agreement.
The Company's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between YOU and the Company nor any trade practice shall act to modify any provision of this Agreement.
No Oral Modification of this Agreement.
This Agreement may not be modified orally. This Agreement may be modified only by a written instrument signed by YOU and a duly authorized Officer or Manager of the Company. If email is used for the writing, the signatures shall be electronic digital signatures that are publicly registered with a duly authorized certification authority in the jurisdiction in which the Company operates its business.
Limitation of Actions Arising Under this Agreement.
All disputes arising under this Agreement shall be resolved subject to the Alternative Dispute Resolution provisions of this Agreement. Any cause of action or dispute YOU may have with respect to the Company's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. For purposes of the Alternative Dispute Resolution provisions of this Agreement, the commencement to which this paragraph refers is the date on which YOU notify the Company in writing of a dispute.
Attorney's Fees and Costs in Litigation.
In any action between the Company and YOU to enforce any of the terms of this Agreement, the Company shall be entitled to recover expenses from YOU, including, but not limited to, reasonable attorney's fees.