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| General Terms & Conditions |
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Conditions of Training Workshop Purchase and/or Attendance:
You, as the Buyer and/or Trainee, acknowledge, accept and agree that (a) use of
products sold by Xtreme Lashes LLC (hereafter referred to as “Xtreme Lashes”)
must be used with great care to prevent an accidental injury, especially when
performing work near an individual’s eye, (b) there is danger associated with
the application of eyelash extensions that may include injury to an
individual’s eye and (c) Trainee will practice great care during the training
workshop and follow all prescribed safety guidelines.
You, as the Buyer and/or Trainee, acknowledge that all Xtreme Lashes workshops
involve “hands-on” training. Tardy Trainees may be required, at the classroom
instructor(s) sole discretion, to repeat the selected workshop. Trainees will
be expected to apply eyelash extensions onto other classmates during the
selected workshop. Trainees will also be expected to have eyelash extensions
applied during the selected workshop. These procedures will be done under
careful supervision by the classroom instructor(s). Trainees will not receive a
full set of eyelash extensions during the selected workshop. Trainees must
acknowledge and accept the risk associated with having a student apply eyelash
extensions to them – should Trainees voluntarily agree to have a student(s)
apply eyelash extensions to them. Trainees must agree not to hold any of the
fellow students in their workshop liable for any injuries that Trainees may
sustain as a result of other students applying eyelash extensions to them –
should the Trainees voluntarily agree to have a student(s) apply eyelash
extensions to them. Trainees who are unable to have eyelash extensions applied
during their scheduled workshops will be required to provide a model to receive
an application of eyelash extensions in their place.
It is the policy of Xtreme Lashes to sell products and services only for the
use by certain licensed/certified persons in the beauty, health, medical or
dental industries. Therefore you, the Buyer and/or Trainee, commit to purchase
this workshop for, and send only, persons who are licensed/certified in these
industries to the workshop. Before each workshop begins, all Trainees will be
required to provide classroom instructor(s) a photocopy of their professional
license or certificate, and/or required credentials. In addition, Trainees must
show classroom instructors a copy of their receipt of purchase and a valid
photo ID. If a Trainee cannot provide this documentation, he or she will not be
allowed to attend the selected workshop. No non-registered persons will be
allowed to observe or participate in any workshops. In no event will the
Trainee be reimbursed for the original cost of any workshop.
Trainee agrees to NOT use any recording devices, audio, still photo, or video,
during the workshop. Cell phones must be turned off during the workshop.
IN NO EVENT WILL XTREME LASHES OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, SUPPLIERS AND LICENSORS (XTREME LASHES, ET AL) BE
LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, LIABILITIES, SUITS, ATTACHMENTS,
JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, EXPENSES, INCLUDING COURT
COSTS AND REASONABLE ATTORNEYS’ FEES INCIDENT THERETO; INDIRECT, SPECIAL,
INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD BY XTREME LASHES. TRAINEE
SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES, ET AL FOR ALL SUCH
CLAIMS AND ACTIONS IN EACH CASE NOTWITHSTANDING THE ACTUAL OR ALLEGED
NEGLIGENCE (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR GROSS),
STRICT OR STATUTORY, PROVIDED THAT THE XTREME LASHES LIABILITY WILL BE LIMITED
TO THE PURCHASE PRICE OF THE PRODUCT.
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Certification:
Lash Stylist Workshops
Trainees will not be certified at the conclusion of the Lash Stylist Workshop
(formerly known as the “Level One Workshop”). Trainees who ONLY attend the Lash
Stylist Workshop (Public, Private, or In-Salon) must first successfully master
workshop objectives, and then practice the procedure on models after the
workshop in order to perfect their technique. Before becoming certified,
Trainees must meet the requirements outlined on the Xtreme Lashes Certification
Submission Form, including but not limited to, submitting “before” and “after”
photographs of completed applications to Xtreme Lashes demonstrating competency
in applying eyelash extensions. The company will then evaluate the expertise
level of the work shown in the photographs and make a determination as to
whether the Trainee’s skill warrants certification. Certification is not
guaranteed. If the Trainee’s skill level is not sufficient to warrant
certification according to guidelines determined by Xtreme Lashes, then Xtreme
Lashes reserves to right to withhold certification. The Trainee may be given
the option of attending an additional workshop to improve his or her skills,
which may or may not lead to certification, depending on the resulting skill
level of the Trainee. |
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Xtended Education/Certification Workshops
Xtreme Lashes highly recommends that existing clients attend our exclusive
Xtended Education/Certification Workshop (formerly known as the “Xtended
Education: Roadmap to Success Workshop”) due to the educational benefits
available. Trainees who attend the Xtended Education/Certification Workshop
will be offered guidance through a full eyelash extension application,
including the opportunity to be evaluated for onsite certification, and will be
privy to marketing, advertising, and business strategies to encourage their
success as Lash Stylists. Even though participants are offered the opportunity
for onsite certification, participants are not guaranteed certification as a
condition of attendance. It is possible, but unlikely, that brand new Trainees
will be skilled enough to achieve certification immediately after passing Lash
Stylist Workshop. In order to be evaluated for onsite certification, Xtended
Education/Certification Workshop participants must master the required course
objectives determined by Xtreme Lashes, which may change with or without
notice. In the event that a Trainee does not qualify for certification upon
completion of an Xtended Education/ Certification Workshop, then he or she may
still elect to submit a Certification Submission Form with all required
“before” and “after” photographs of completed applications to Xtreme Lashes.
The company will then evaluate the expertise level of the work shown in the
photographs and make a determination as to whether the Trainee’s skill warrants
the Trainee’s certification. If the Trainee’s skill level is not sufficient to
warrant certification according to guidelines determined by Xtreme Lashes, then
Xtreme Lashes reserves the right to withhold certification. |
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Advanced Certification
In order to apply for Advanced certification, clients must meet the
pre-requisites for Advanced certification, including but not limited to earning
a Lash Stylist Certificate and successfully completing the Advanced Training
Workshop. After successful completion of the Advanced Training Workshop,
Trainees must submit a Certification Submission Form, including “before” and
“after” photographs of completed applications showing their ability to perform
advanced eyelash extension applications. The company will then evaluate the
expertise level of the work shown in the photographs and make a determination
as to whether the Trainee’s skill warrants Advanced certification. If the
Trainee’s skill level is not sufficient to warrant certification according to
guidelines determined by Xtreme Lashes, then Xtreme Lashes reserves to right to
withhold Advanced certification. The Trainee may be given the option of
attending an additional Advanced Training Workshop to improve his or her
skills, which may or may not lead to certification, depending on the resulting
skill level of the Trainee. |
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General Certification Policies
Xtreme Lashes, in its sole discretion, reserves the right to determine
certification requirements which may change at any time without notice.
Certificates will not be issued during workshops. Xtreme Lashes will issue
certificates via US Mail once Trainees are approved for certification. In no
event will the Trainee be reimbursed for the original cost of any workshop.
Xtreme Lashes, in its sole discretion, reserves the right to decertify Trainees
who have received certification. If Xtreme Lashes decertifies a Trainee, the
Trainee agrees to immediately return any certifications and workbooks or
educational materials received from Xtreme Lashes to Xtreme Lashes corporate
offices. Xtreme Lashes may decertify a Trainee if any part of this agreement is
violated or it Xtreme Lashes receives repeated complaints about the Trainee’s
application technique or unprofessional behavior. Xtreme Lashes reserves the
right to decertify or withhold certification from any Trainee who reveals its
confidential, proprietary, or copyrighted information to any other individual.
Disclaimer: It is the Trainee’s sole responsibility to
assimilate the skills and gain the experience required to become competent at
applying eyelash extensions. The “certification of completion”, the “hands on”
training, and/or the marketing, business, or advertising strategies provided as
a result of workshop attendance DO NOT guarantee that a Trainee will become a
successful Lash Stylist. A Trainee may need further training, practice, and/or
guidance after attending his or her initial workshop to gain and maintain
success as a Lash Stylist. It is the responsibility of each Trainee to research
and determine their State statutes and regulations regarding eyelash extension
application. Xtreme Lashes issues Certificates to Trainees domestically and
internationally according to standards and requirements agreed upon by its
Board of Directors. Xtreme Lashes cannot be held liable for any claims that may
arise from the use of its techniques, products, or services in any State,
Country, or Territory. |
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Lash Stylist Directory:
A). An application of Xtreme Lashes is a luxury service. Xtreme Lashes reserves
the right to prohibit Nail Salons, Nail Technicians, Manicurists, and other
licensed beauty professionals (example: Cosmetologists or Estheticians) that
mainly offer Nail Services from purchasing Xtreme Lashes products and services
or marketing or advertising the Xtreme Lashes brand or logo.
B). Xtreme Lashes, in its sole discretion, reserves the exclusive right to
determine which professionals and businesses appear on the Lash Stylist
Directory. Salons and individuals who mainly offer Nail Services shall not be
listed on the Lash Stylist Directory.
Xtreme Lashes reserves the right to require clients listed on its Lash Stylist
Directory to meet a minimum purchase requirement and/or charge a minimum amount
for the Xtreme Lashes services they offer. Xtreme Lashes, in its sole
discretion, reserves the exclusive right to determine the requirements and
prerequisites for said listing, which may change without notice. |
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Use of Proprietary or Copyrighted Materials and Other Products
Trainees are expressly prohibited from using Xtreme Lashes proprietary
copyrighted workshop material to train others. Trainees are prohibited from
demonstrating any of the techniques or procedural information gathered from
Xtreme Lashes to any other person including but not limited to co-workers,
employees, contractors, friends, or family members for a period of two years
after the date of the Workshop. This is a critical requirement in order to
preserve the quality of training by and through Xtreme Lashes as well as the
quality of its brand. Another staff member at a commercial facility must
successfully complete a Lash Stylist workshop before the facility may continue
offering Xtreme Lashes products and services, in the event a Trainee
discontinues performing the procedure at said facility. If Xtreme Lashes
becomes aware that a Trainee has trained any other person or that technicians
who have not been trained by Xtreme Lashes are performing the procedure at a
particular Salon or other location, then Xtreme Lashes reserves the right to:
1) stop selling products to that Trainee / Salon and 2) remove the Trainee /
Salon from the Xtreme Lashes “Find A Lash Stylist” page on its website and 3)
pursue all legal remedies allowed by law.
Buyer and/or Trainee certifies that by virtue of purchasing and/or
attending any Xtreme Lashes Training Workshop, he or she is not an owner,
employee, independent contractor, or instructor of any other company that
offers eyelash extension products and/or training. Should Trainee and/or Buyer
violate these terms or conditions, then Xtreme Lashes reserves the right to
pursue any and all legal and equitable remedies against Trainee and/or Buyer
without delay.
Xtreme Lashes, in its sole discretion, reserves the right to prohibit Trainee’s
use, or any of Trainee’s affiliate’s use, of its brand and logo. This includes
all marketing materials, including posters, brochures, post cards, instruction
manuals, etc. Xtreme Lashes will only take such steps for cause. Examples of
causes that may persuade Xtreme Lashes to prohibit use of its brand and logo
are, but are not limited to: 1) substandard applications of eyelash extensions
by a careless technician and 2) using or selling competing eyelash extension
products that consumers believe to be Xtreme Lashes products due to the
prominent display of Xtreme Lashes marketing materials. Buyer also expressly
agrees that if he or she uses or sells competing eyelash extension products, he
or she will not convey the impression to consumers, through the prominent
display of Xtreme Lashes marketing materials or otherwise, that the eyelash
extension products of another company are Xtreme Lashes products.
The re-sale of Xtreme Lashes goods and materials, including but not limited to,
application supplies, merchandise, and educational materials to third-party
individuals or marketplaces, is strictly prohibited. Should you violate these
terms and conditions or any intellectual property rights of Xtreme Lashes, then
Xtreme Lashes reserves the right to pursue any and all legal and equitable
remedies against you without delay. |
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Public Workshop Refund/Rescheduling Policy:
Due to the high demand for workshop seats, a strict cancellation/rescheduling
policy is enforced. Xtreme Lashes prohibits the sale and use of its products to
individuals who have not successfully completed an Xtreme Lashes Training and
Certification Workshop, therefore no monies will be refunded for workshops
regardless of circumstances unless and until all products purchased are
returned. There is a non-refundable charge of $200 should you CANCEL your
workshop MORE THAN seven (7) days prior to your scheduled training date. If you
cancel your workshop WITHIN one (1) to seven (7) days prior to your scheduled
workshop date, a non-refundable charge of $250 will apply. If you do not cancel
your workshop at least 24 hours before your scheduled workshop begins then no
portion of your workshop fee will be refunded. No refund will be issued for no
shows (a “no show” is a person who registers but does not cancel and does not
attend the workshop).
Should you need to reschedule your workshop for any reason MORE THAN seven (7)
days prior to your scheduled training date, then you may do so free of charge.
Should you need to reschedule your workshop for any reason WITHIN one (1) to
seven (7) days prior to your scheduled workshop date, a non-refundable charge
of $150 will apply. If you do not reschedule at least 24 hours before your
scheduled workshop begins, no portion of your workshop fee will be refunded. If
you do not attend your scheduled workshop and have not rescheduled, then you
will be considered a no show and no portion of your workshop fee will be
refunded. We will charge a non-refundable fee of $150 if we must reschedule a
workshop due to an account balance.
If you must cancel or reschedule your scheduled workshop due to an unforeseen
emergency, Xtreme Lashes, in its sole discretion, reserves the right to enforce
or waive the rescheduling or fees. |
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Private or In-Salon Workshop Refund/Rescheduling Policy:
If you give notice of cancellation MORE THAN fourteen (14) days prior to your
scheduled training date, there is a non-refundable charge of 50% of the total
workshop fee. If you cancel your workshop WITHIN one (1) to fourteen (14) days
prior to your scheduled workshop date, there is a non-refundable charge of 70%
of the total workshop fee. If you need to reschedule your workshop for any
reason MORE THAN fourteen (14) days prior to your scheduled workshop date, a
non-refundable rescheduling fee equal to 25% of the total workshop fee will
apply. If you need to reschedule your workshop for any reason within seven (7)
to fourteen (14) days prior to your scheduled workshop date, a non-refundable
rescheduling fee equal to 50% of the total workshop fee will apply. If you need
to reschedule your workshop for any reason within one (1) to seven (7) days
prior to your scheduled workshop date, a non-refundable rescheduling fee equal
to 70% of the total workshop fee will apply. If you do not reschedule your
workshop and do not attend your scheduled workshop, then you will be considered
a no show and no portion of your workshop fee will be refunded. |
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Product Purchase, Usage, Returns, and Exchanges
Xtreme Lashes endeavors to ship products and provide services of only the
highest quality. Due to issues of hygiene, Xtreme Lashes cannot accept product
returns after packaging has been opened. Returns and exchanges of unopened,
resalable products are accepted within seven (7) days of the date Federal
Express confirms product delivery. You will be credited with your purchase
price, less shipping, and less a 20% restocking fee. Any and all opened
packages that are included as part of an eyelash extension kit will be subject
to deduction from the overall refund of the purchase price of an eyelash
extension kit. Please contact Xtreme Lashes within seven (7) days of product
receipt to receive a return authorization number (RA#) and shipping
instruction. Should you, the Buyer, determine that products shipped to you are
defective, please advise Xtreme Lashes of their condition within seven (7) days
of receipt at 281-907-0689. You will be given a return authorization number
(RA#) with shipping instructions. All products must be returned in original
packaging. Xtreme Lashes reserves the right to either replace defective product
or provide a refund of the purchase price upon receipt of defective product.
You, as the Buyer, acknowledge that (a) exposure of products (particularly
adhesives) sold by Xtreme Lashes to temperature extremes may cause changes in
the products and that such changes may make the products unsuitable for use and
(b) use of products sold by Xtreme Lashes must be used with great care by a
trained technician to prevent an accidental injury, especially when performing
work near an individual’s eye. It is the policy of Xtreme Lashes to sell
products and services only for the use by certain licensed/certified persons in
the beauty, health, medical or dental industries. You, the Buyer, certify that
the products and services that you purchase from Xtreme Lashes will only be
used by licensed/certified persons in these industries. Xtreme Lashes reserves
the right to prohibit Nail Salons, Nail Technicians, Manicurists, and other
licensed beauty professionals (example: Cosmetologists and Estheticians) that
predominantly offer Nail Services from applying for the Lash Stylist Directory
and purchasing Xtreme Lashes products or marketing or advertising the Xtreme
Lashes logo.
Xtreme Lashes requires the purchase of its hands-on Lash Stylist Workshop in
order to qualify to purchase Xtreme Lashes products. Xtreme Lashes strongly
recommends that all potential Lash Stylists practice for several hours on fake
eyelash strips prior to attending their initial workshop and before applying
eyelash extensions to a live person.
Xtreme Lashes reserves the right to refuse sales and service to anyone for any
reason at any time. IN NO EVENT WILL XTREME LASHES OR ITS DIRECTORS, OFFICERS,
OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUPPLIERS AND LICENSORS (XTREME
LASHES, ET AL) BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, LIABILITIES, SUITS,
ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, EXPENSES,
INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES INCIDENT THERETO;
INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD BY XTREME
LASHES. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES, ET AL
FOR ALL SUCH CLAIMS AND ACTIONS IN EACH CASE NOTWITHSTANDING THE ACTUAL OR
ALLEGED NEGLIGENCE (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR
GROSS), STRICT OR STATUTORY, PROVIDED THAT THE XTREME LASHES LIABILITY WILL BE
LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. |
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Shipping:
Xtreme Lashes does not require a signature for delivery of orders. Once the
delivery of an order is confirmed by Federal Express, Xtreme Lashes is no
longer liable for the order. Xtreme Lashes requires that each time a purchase
is made via website or phone that the buyer must request or decline a signature
requirement on his or her order. Xtreme Lashes strongly recommends that buyers
request that a signature be required upon delivery of all orders, especially if
there may be a possibility of theft or damage to orders left at the delivery
location. Same Day Shipping Policy: All orders (with the exception of some
orders containing adhesives) placed with Xtreme Lashes by 3 PM CST for air
shipment and 12 PM CST for ground Shipment, Monday through Friday, will ship
out on the same business day. Some Thursday and Friday orders (depending on
method of shipping selected) containing adhesive(s) may be held until the
following Monday in most cases to eliminate the probability of the adhesive(s)
being held in a non-temperature controlled Federal Express warehouse over the
weekend. Orders placed after 3 PM CST for air shipment and after 12 PM CST for
ground shipment may not ship until the following business day. Orders placed
beyond these deadlines on the day before a weekend or holiday(s) will not be
shipped until the next business day following the weekend and/or holiday(s).
Orders placed on weekends (Saturday or Sunday) and orders placed on Federal or
State Holidays (also including, but not limited to: Christmas Eve, New Year’s
Eve, and Good Friday) will be shipped on the next business day. |
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Privacy Policy:
Xtreme Lashes respects your privacy and values your trust. Xtreme Lashes will
not sell or give away any information about you or your company to any third
party. Xtreme Lashes will use your information to deliver products and services
that you have requested or ordered. Occasionally, Xtreme Lashes will use your
contact information to send you information about Xtreme Lashes, including
information regarding special promotions and new products. Xtreme Lashes will
promptly remove your name from our mailing list upon request. |
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Force Majeure.
Notwithstanding any other provision of this Agreement to the contrary, in the
event Xtreme Lashes is prevented from performing its obligations hereunder as a
result of any contingency which is beyond its control (such as any act of God,
war, riot, national emergency, terrorist act, general embargo, fire, casualty,
equipment failure, flood, earthquake or other similar occurrence) (any such
event, a "Force Majeure Event"), Xtreme Lashes shall be excused from its
inability to perform its obligations hereunder, but only to the extent and for
the duration of the Force Majeure Event in question. Xtreme Lashes will provide
reasonably prompt notice of the occurrence of such Force Majeure Event. Upon
the occurrence of such Force Majeure Event, Xtreme Lashes may delay the
scheduled workshop, but only for so long as may be reasonably necessary in
light of such Force Majeure Event, and shall reschedule the workshop hereunder
as soon as reasonably practicable following the date of such occurrence. In the
event an Xtreme Lashes Trainer is prevented from performing obligations
hereunder as a result of any contingency which is beyond the control of such
party (such as interruptions in the Trainer’s travel schedule or unforeseen
unavailability of the Trainer), Xtreme Lashes reserves the right to reschedule
workshops. In the event that an Xtreme Lashes workshop cannot be conducted
because of a lack of minimum student attendance, Xtreme Lashes reserves the
right to reschedule the workshop.
In the event that Xtreme Lashes cancels or reschedules a workshop, registered
participants may elect to apply the monies paid for the cancelled workshop to a
future workshop within 12 months of the cancelled workshop date. Xtreme Lashes
will honor a request for a full refund of cancelled workshop fees submitted in
writing and received in its corporate office via fax or mail within seven (7)
days of cancelled workshop date. Such a refund only applies to workshop
fees, not to other fees or expenses registered participants may have incurred,
including but not limited to travel or lodging expenses. Registered
participants who request a refund for their eyelash extension kit due to a
workshop cancellation by Xtreme Lashes will be credited with their full
purchase price less any opened items, once the kit is returned to the Xtreme
Lashes corporate office. Please contact Xtreme Lashes customer service within
seven (7) days of the cancelled workshop to receive a return authorization
number (RA#) and directions on where to send the kit. |
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Governing Law; Construction.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, without giving effect to the principles of conflicts of
laws thereof. The construction and interpretation of this Agreement shall not
be strictly construed against the drafter. Any dispute arising under this
Agreement shall be settled by arbitration in the State of Texas in accord with
such procedures as may be acceptable to the parties. |
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Entire Agreement; Amendment; Waiver; Invalidity.
This Agreement, together with any schedules and exhibits attached hereto and
made a part hereof, constitutes the entire agreement between the parties as to
the subject matter hereof and shall supersede all prior understandings,
letters, agreements, contracts and other documents. This Agreement may not be
amended except by an instrument in writing signed on behalf of all of the
parties hereto. No failure or delay by either party to exercise, and no course
of dealing with respect to, any right of any such party regarding an obligation
of the other party to this Agreement, shall operate as a waiver thereof, unless
agreed to in writing by both parties. Any single or partial waiver by either
party of any obligation of the other party under this Agreement shall
constitute a waiver of such obligation only as specified in such waiver and
shall not constitute a waiver of any other obligation. The invalidity or
unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provisions of this Agreement, all of
which shall remain in full force and effect.
Your signature below will constitute your agreement to these Terms and
Conditions. If any portion of these Terms and Conditions are ruled to be
unenforceable, the other portions will remain in effect. |
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