Terms and Conditions

ENTER YOUR SITE TERMS AND CONDITIONS HERE.8 Force Majeure

The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:

(a) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

(b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

(c) Fiber cuts;

(d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

(e) Failure of the telecommunications or information services infrastructure; and

(f) Hacking, SPAM, or any failure of a computer, server, network, or software.

24.9 No Third-Party Beneficiaries

This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

 

24.10 Relationship of the Parties

This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty.

 

24.11 Successors and Assigns

This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 24.4 addresses these matters.

 

24.12 Electronic Communications Not Private

The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.

 

24.13 Electronic Signatures

Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

24.14 Feedback

The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

 

24.15 English language

The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

 

24.16 Your Comments and Concerns

You should direct all feedback, comments, requests for technical support, and other communications relating to the Website here.

 

24.17 Usages

In this agreement, the following usages apply:

(a) Actions permitted under this agreement may be taken at any time and on one or more occasions in the actor’s sole discretion.

(b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

(c) References to numbered sections in this agreement also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.

(d) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

(e) “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

(f) “Including”

means “including, but not limited to.