Buyer Agreement
This Agreement between we, the Company, and you as Buyer governs your purchase of Content on the Website and the use of the Website for purposes of finding and purchasing Content from other Users of the Website.
“Buyer” means a Registered User who purchases Content through the Website.
“Company” means CAREERMARKET LLC, an Illinois Limited Liability Company.
“Company Content” means text, graphics, images, music, software, audio, video, information, or other works of authorship and any article, data, text, image, post, profile information, or other information that the Company is the copyright owner of and adds, creates, uploads, submits, distributes, transmits, sends, shares, or posts, whether privately or publicly, on or to the Website.
“Content” when used alone means “Company Content,” “Third-Party Content,” and “User Content.”
“Registered User” means anyone who has registered for an account so they may use features of the Website.
“Seller” means a Registered User who submits Content to the Website for the purpose of said Content being purchased by other Registered Users.
“Terms” means all terms and conditions set forth in this Seller Agreement, our Website Terms and Conditions, or any other Agreement between you and the Company
“Third -Party Content” means text, graphics, images, music, software, audio, video, information, or other works of authorship and any article, data, text, image, post, profile information, or other information that a Registered User adds, creates, uploads, submits, distributes, transmits, sends, shares, or posts, whether privately or publicly, on or to the Website or that the Company is not the copyright owner of and adds, creates, uploads, submits, distributes, transmits, sends, shares, or posts, whether privately or publicly, on or to the Website.
“User” means anyone who, as a visitor to or accesses or uses the Website for any purpose.
“User Content” means text, graphics, images, music, software, audio, video, information, or other works of authorship and any article, data, text, image, post, profile information, public communication, review, or other information not offered for sale added, created, uploaded, submitted, distributed, transmitted, sent, shared, or posted, whether privately or publicly, on or to the Website by a User.
“Website” and “Website Platform” mean our website www.careermarket.com and applications that facilitate access to that website and any related applications, allow communication on and through that website and any related applications, and allow Users to participate in the services offered through that website and any related applications.
1. Buying on The Website
We provide a marketplace for Buyers to discover and purchase from Sellers. It is important to note that unless the Seller is specifically identified as the Company, the Company is not the Seller.
Seller. By making a purchase through the Website, you understand that, unless specifically indicated otherwise You are not buying Content from the Company, but from one of the many Sellers offering Content through the Website;
Pricing. Each Seller sets their own prices.
Reporting Violations. As a Registered User and Buyer, you have the opportunity to report Content that violates any of the Company’s policies. Reporting is confidential unless we are required by law to disclose your identity or resolution of your issue with a Seller’s Content is impossible without disclosing your identity. For our reviews Terms, please see Section 4.
Duty of Care. By making a purchase from a Seller or the Company through the Website, you agree that you have:
Read the Content description and any Seller policies before making a purchase;
Submitted appropriate payment for item(s) purchased; and
Provided accurate delivery information to the Company and/or Seller as needed to complete delivery of the Content.
Third-Party Payment Processing.
By making a purchase from a Seller through the Website you consent to processing of that purchases through a third-party processor. The Company shall clearly disclose the identity of the processor on the Website prior to completion of the purchase.
By using a third-party service, you may also be subject to an agreement with the third party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and your use of PayPal is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Google Pay is a third-party service provided by Google Payment Corp. and is subject to the Google Pay Terms of Service for US users, non-US users, and India residents. Payment methods made available by Klarna are third-party services provided by Klarna Inc. to buyers and are subject to Klarna’s Terms and Conditions and Privacy Notice.
The Company may share your personal or transactional information with those third-party service providers for purposes related to payments processing. The provider and processing time for your payment will vary based on the country in which you're located and the type of payment used. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, the Company reserves the right to contact you directly and to seek payment.
For the safety of our Users, and to avoid scams and fraud, all transactions must take place through the Website’s checkout system, and only transactions that take place through the Website’s checkout system are eligible for support by the Company.
Refunds
Undelivered Content. The Company shall provide refunds to a Buyer for Content never delivered to the Buyer. The Company will first make an attempt to redeliver the Content to the Buyer.
Dissatisfaction with the Content. Once Content has been delivered, a refund will be given only when the Company determines the Seller’s listing was inaccurate to the extent that the Content delivered to the Seller materially differs from the description in the Seller’s listing.
No Returns. The digital nature of the Content means the Content is ineligible for return.
2. Content
Permissible Content for Sale. As a Registered User and Buyer of the Website, you may access Content made available on the Website. Content may include submissions from Sellers, other Registered Users, Content licensed to us by publishers, or scientific metadata, bibliographic information, or other Content that we have sourced from publicly available sources.
Identification of Source. The source of Content may be identified next to or in connection with the Content. You can use Content available on the Website in accordance with applicable laws, in particular copyright laws (including any applicable exceptions or limitations), or otherwise in compliance with any applicable license terms. Trademarks and logos displayed on the Website belong to their respective owners.
No Guaranty or Warranty.
No Guaranty of Fitness for Location. We do not represent that Content made available on the Website is appropriate or available for use in any particular location. If you choose to access or use the Website, you do so of your own volition and at your own risk. You are responsible for compliance with all applicable local laws, including, if you are in the United States, any applicable export control, or foreign assets control regulations, and are solely responsible for any damage or loss to any party resulting from your access to or use of the Content.
Reliance on Content. The Content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
No Responsibility for Third-Party Content. All Content publicly posted or privately transmitted through the Website is the sole responsibility of the person by whom such Content was submitted. We do not endorse any Third-Party Content made available on the Website. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We do not generally monitor Content made available on the Service for violations of law or the Company’s policies.
Review and Monitoring We cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. We do not and cannot, unless notified, have knowledge of possible infringements, inappropriate or inaccurate Content, or violations of law caused by registered user submissions, and we are not liable for such information (Digital Millennium Copyright Act, 17 U.S.C. section 512).The following material is allowed as Content for sale on the Website:
3. Intellectual Property
Company Content. The Company grants you the non-exclusive right to use Company Content solely for personal purposes. You may not modify the Company Content for any commercial purpose. The Company gives you no license to use the Company’s common-law or registered trademarks.
Third-Party Content. Sellers grant you a license the non-exclusive right to use the Third-Party Content you have purchased solely for personal purposes. You may not modify the Third-Party Content for any commercial purpose.
4. Communication
Between Seller and Buyers. Communication between a Seller and Buyers shall be done through the Company’s Website Platform only.
Between Users and other Users. Communication between a User and other Users shall be done through the Company’s Website Platform only.
Between Buyer and the Company. Communication between a Buyer and the Company may be done through the Company’s Website and through email.
Prohibited Communication. Communication using the Company’s Website communications may not be used in violation of any part of the Website Terms and Conditions or for the following activities:
Sending unsolicited advertising or promotions, requests for donations, or spam;
Contacting someone after they have explicitly asked you not to; or
Interfering with a transaction or the business of another member.
Exchanging personal contact, financial or other information for the purposes of making an off-platform transaction, including phone number, address, email, social media handles, external URLs, instructions for money transfer, QR codes, etc.
Interference. Interference occurs when a User intentionally interferes with another User’s Content, presence on the Website, or reputation in order to drive away their business. Interference is strictly prohibited. Examples of interference include:
Contacting another member to warn them away from a particular Seller or particular Content;
Posting in public areas to demonstrate or discuss a dispute with another User;
Purchasing from a Seller for the sole purpose of leaving a negative review;
Maliciously clicking on a Seller’s ads in order to drain that Seller’s advertising budget, also known as "click fraud."
Creating or using an independent Buyer account to maliciously upvote a Seller’s negative reviews in order to position those reviews more prominently.
Reviews. We may allow Buyers to leave a public review of Content and any transactions with Sellers.
Negative Reviews. If a Seller receives an unfavorable review, the Seller may reach out to the Buyer or leave a response.
Disputing a Review. A Seller may dispute a review. If we find the review is inaccurate, we will remove the review. We will not remove accurate reviews.
Compliance with Terms. Reviews must comply with all Terms regarding communications and prohibited activities.
5. Prohibited Activities
In addition to other Terms prohibiting certain communication or use of the Website, the following activities are prohibited, as is any encouragement or enabling of others to engage in the following activities:
Child Exploitation: You may not offer goods or services, or post or upload Content that exploits or abuses children, or promotes or condones exploitation or abuse of children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
Harassment, Bullying, Defamation, Threats, Hateful Content, and Violent Content: You may not offer goods or services, or post or upload Content, that harass, bully, defame or threaten a specific individual. You may not use the Website to disseminate content that poses a risk of intimidating groups of a population, destabilizing political or social structures, or leading to a threat to public security or public health. You may not offer goods or services, or post or upload Content, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status. You may not use the Website to share any content that glorifies, incites, or calls for harm or violence of any kind, or praises, supports, legitimizes, or downplays violence, violent actors, or violent events. You may no use the Website to post or share anything that encourages, threatens, or amounts to commission of a crime, condones, denies, or trivializes crimes of genocide, crimes against humanity, war crimes, or crimes against peace, or that represents, praises, supports, or legitimizes ideologies, organizations, or individuals that engage in or promote violence, organized crime, extremism, hate, or terrorism, including any unconstitutional, terrorist, or former National Socialist (i.e. Nazi) organizations
Illegal Activities: : You may not use the Website in any way that violates any applicable federal, state, local, or international law or regulation. You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business. This includes stolen or “cracked” game and software and software keys, tools designed to defeat software copyright protections, tools designed to exploit vulnerabilities in software and games, and any other script, software, or product that the Company deems unacceptable for delivery on our network due to legal or ethical concerns.
Intellectual Property Infringement: You may not offer goods or services, or post or upload Content, that infringe on the copyright or trademarks, confidential or proprietary information, trade secrets, or any information you do not have a right to share of others.
Malicious and Deceptive Practices: You may not use the Website to transmit malware or engage in phishing. You may not perform activities or upload or distribute Content that harm or disrupt the operation of the Website or other infrastructure of the Company or others, including the Company’s third-party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities, including impersonation of any other person or entity. You may not use the Website to post or share anything false, inaccurate, dishonest, fraudulent, misleading, manipulative, deceptive, defamatory, or libelous, or to harm others or their careers or business prospects, or to air personal or legal grievances or disputes.
Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not access, process, harvest, store, or otherwise use any other person's personal data for any purpose other than the natural purpose of such data being made available within the Website
Self-Harm: You may not offer goods or services, or post or upload Content, that promote self-harm.
Spam: You may not use the Website to transmit unsolicited commercial electronic messages. This includes but not limited to importing purchased email lists as customers with the intent to abuse of the “send free download” feature or the “send product update” feature to send marketing messages to customers with which you have no previous business relationship or past purchase history.
Terrorist Organizations: You may not offer goods or services, or post or upload Content that imply or promote support or funding of, or membership in, a terrorist organization.
Sexually Explicit Content. You may not use the Website to post content containing nudity, or share any pornographic or sexually explicit, suggestive, or inappropriate materials, or content that sexually exploits or endangers children or otherwise violates any applicable legislation for the protection of minors.
User Disruption: You may not use the Website to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability, or to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content requirements set out in the Terms. You may not impose an unreasonable or disproportionate administrative burden on the Company, including by sending us a disproportionate amount of communications or reports
Content Scraping: You may not employ any mechanisms, devices, software, scripts, robots, spiders, or other automatic device, process, or means (including crawlers, browser plugins, add-ons, or any other technology) when using the Website, or use any such means to access, monitor, scrape or copy Content, data, or profiles on or from the Website.
6. Monitoring and Enforcement
Review of Use and Content. The Company has the right, but not the obligation, to monitor or investigate any Content and your use of the Website at any time for compliance with this Agreement and the Terms. Our determination of whether a violation of the Terms has occurred will be final and binding, and any action taken with respect to enforcing the Terms, including taking no action at all, will be at our sole discretion.
Removal or Refusal of Content. We have the right to, and may at any time and without notice:
Remove or refuse to post any Content for any or no reason in our sole discretion.
Take any action with respect to any Content we deem necessary or appropriate in our sole discretion, including:
disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or threat of harm to the Company, Users, or the public.
violates the Terms, including but not limited to the Content Standards, Privacy Policy, Copyright Policy, and Website Terms and Conditions;
infringes any intellectual property right or other right of any person or entity;
threatens the personal safety of users of the Website or the public; or
could create liability for the Company.
if we believe that such Content
Suspension and Termination.
We may, at any time and without notice, suspend or terminate your Account or your access to the Website if you engage in activities that violate the letter or spirit of this Agreement, including activities outside of your use of the Website. This includes but is not limited to:
Submitting one or more complaints you reasonably know to be inaccurate
Violation of the terms of this Agreement
Violation of the Website Terms and Conditions
Violation of our Privacy Policy
Violation of our Copyright Policy
Notification. Generally, we will notify you that your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms, or we have legal or regulatory reasons preventing us from notifying you.
Appeal. If you believe your Buyer account has been suspended or terminated in error, you may appeal the suspension or termination by notifying us in writing delivered by mail to: Careermarket, LLC, 508 E. Healey St. Champaign IL 61820 or by email to tony09032002@gmail.com.
Refunds. Upon termination for any reason, we will complete any pending refunds.
Cooperation with Third Parties. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Survival of Terms. After termination of this Agreement, we may continue to use the Content solely for internal archival and reference purposes or as stated in this Section. Sections 3 (Intellectual Property Rights), 7 (Warranties, Liability, and Indemnification), and 8 (Miscellaneous) will survive the termination of this Agreement. Any licenses to Content granted to our users or Buyers or to us prior to the removal of that Content from the Website or the date of termination of this Agreement will survive.
7. Warranties, Liability, and Indemnification.
Disclaimer of Warranties
We expressly disclaim any liability for information, feedback, materials, or answers to questions provided by us or our representatives, all of which are provided as a courtesy only and do not amend the Terms or constitute legal advice.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification Without limiting your obligations in the Terms, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors (including Users), and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Content, any use of the Website's Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter. Any refund that is or may be owed to you may be offset and reduced by any amount owed by you pursuant to your indemnity obligations hereunder, without demand or notice to you.
8. Miscellaneous.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. The Company may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Changes to this Agreement. The Company may modify this Agreement at any time by posting a revised version at www.thecareermarket.com. By continuing to use the Website or access your Account after a revised version of this Agreement has been posted, you agree to comply with the latest version of this Agreement.
Conflict of Terms. In the event of a conflict between this Agreement and the Terms, this Agreement will take precedence, but only to the extent required to resolve such conflict.
Reporting Violations of Terms. If you believe that a User has violated the Prohibited Activities terms or other Terms, please contact at: Careermarket, LLC, 508 E. Healey St. Champaign IL 61820 or by email to tony09032002@gmail.com
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by the Company (i) via email (in each case to the address that you provide); or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Governing Law and Jurisdiction.
All matters relating to the Website and Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration. At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability. No waiver by the Company of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
No Waiver. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.
Survival of Terms. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement. The Terms constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.