Date Last Revised: January 31st, 2017
Dott Connect Private Limited, a private limited Company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘Company’) and having its registered office at B – O – 1 Somatane Phata, Tal – Maval, Dist. – Pune, Pin 410506, India and specializes in providing Functional skills tests and testing software under SaaS Model i.e. Software as a service (hereinafter referred to as ‘Services’) through its official website testnachor.com (hereinafter referred to as ‘Website’). This Agreement for the Terms and Conditions of use of the Company’s Website (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the Website of the Company by a visitor or a registered user (hereinafter referred to as the “End User”, “You” or “Your”)
Acceptance Of Terms Of Use
Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below. The company reserves the right to alter, amend and modify these terms and conditions at its sole discretion. All such amendments and modifications will be duly notified on this website. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
You expressly agree to be bound by this Agreement, irrespective of whether you are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether you are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for your own records. Or you may even take a print out of the same.
The Company expressly states that the Services provided or offered by this Website and the Agreement that you are required to be bound by is meant only for individuals /entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if you are not legally permitted to enter into a contract or are for some reason either due to your age or any other reason not permitted to enter into an Agreement, then, you are not permitted to utilize the Services provided by this Website or enter into this Agreement.
Your acceptance of this Agreement and utilization of Services implies and you expressly and implicitly represent to the Company that you are of the legal contracting age and nothing will invalidate this Agreement. The Company has the right to bind you to this Agreement.
In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that you have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.
The Services made available on or through this Website has been made available to you for the specific purpose of skill testing and testing software. It is not intended to be providing you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Website, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that we may disclose and transfer any information that You provide through this Website to (i) our affiliate or information providers, (ii) to any third party but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
You expressly agree and acknowledge that usage of this website may be monitored, tracked and recorded. As such You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website.
Description Of Service
The Company provides ready to go skills tests. However, this Service is not and should not be construed as providing decision to hire or not hire any candidate who has applied for the job. This Service is designed in order to help You take hiring decisions in a more objective, organized and clear manner. Any professional advice or implications should be sought from Your Human resource manager or HR department or hiring manager or decision maker and the Company or testnachor.com shall not be held liable or responsible for the same.
Please note owing to the constant business changes, the Company endeavours to change the Services it provides or upgrade or revise them. This is done to provide better and more efficient services to You. Any such changes, up gradation or revision shall be done at such times and at such frequency as determined by the Company in its sole discretion. All such changes shall be updated on this Website.
Information Required From You
Upon Your acceptance of agreeing to be a member and avail services from our Website, we would request You certain basic information for registration. Once You provide us with the details, we would request You for additional information in order to provide You with the services. However, we will not request You for any personal information or identity disclosure. All information provided by You will be treated as private and confidential. The same is more fully detailed under clause in Privacy Policy and Security below.
The Company hereby undertakes and confirms that the mechanism employed by the Company is more specific to users whereby no personal data or information is maintained or tracked or stored on Company’s servers or any third party servers. All such data or information shall at all times remain on Your machine or server only, except for some value-added services that may require you to share personal information.
Links To Third Party Sites
As part of availing the Services, You as a member will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom You have an account, bank with or have created certain liabilities. dotttest.com does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.
The Website may provide, or third parties may provide, or the Website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.
Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
For paid service users, the Company provides a link to a payment gateway. Once You click on that link, You will be accessing a third party website. The Company merely facilitates an easy access for You to make the payment and therefore is a mere link provided. Thus, any transaction between You and the designated bank or payment gateway shall be strictly between You and such bank or payment gateway. The Company or the Website shall not be privy to the same.
Registration and use
You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your e mail address password or account and You shall ensure that You exit from Your account at the end of each session.
The Company will send all correspondences, notices and any other communication to the e-mail address furnished by You. Please note that your email address cannot be changed at our end In case of any change in the said e-mail address, it is Your duty to maintain the same email ID that you had provided earlier. In case you are not sure of the same , we request you provide a permanent email ID. In case you are not sure of your email id permanency then we strongly suggest you do not become our member to avail any services.
The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. In the event of Your becoming aware of any unauthorized or misuse of the information provided by You to the Company, You are requested to forthwith contact the Company at support@dotttest.com. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
Legal Uses
Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity, except to the extent specifically provided below in section 8.
You understand that You are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself only. In the event You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and company i.e. Dott shall not be held responsible or liable in anyway to any person or entity.
Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at dotttest.com / company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.
You expressly acknowledge that under no circumstance You or Your representatives are permitted to sub license the Services or the rights granted to You or commercially exploit or alienate the rights granted by dotttest.com / dott pursuant to these terms and conditions or by availing the Services from dotttest.com / dott.
You further agree that irrespective of whether You use the Free Service or the paid Service, and if You propose to use any of the mentioned plans for commercial purpose then, You shall forthwith contact company at support@dotttest.com for the pricing structure for commercial usage. Any violation of this clause or unauthorized usage of the solutions will be deemed as a material breach and the Company reserves the right to forthwith terminate your subscription.
Card Payments
You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event You use the card belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the card for making payments.
Storage, Deletion Or Transport Of Data
The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion.
In the event, You desire the Company to remove or delete all or any portion of the data belonging to You, then, the same needs to be provided in writing to the Company. Upon receipt of such written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.
Communication
The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends You to revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the Services and not any marketing or spam mails.
Changes to Your email address will apply to all of your alerts.
Any e-mail which is sent by dotttest.com, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete the said message from Your system and notify us immediately.
You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. Perfios.com therefore does not accept responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.
Your Postings On Website
We, as part of our Service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the Website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.
Further, if You intend to use a forum, a blog or any other feature available on this Website, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitting on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform.
In case of any violation of this condition, then, Dott reserves the right to forthwith stop your participation on such public forums.
Intellectual Property
You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part.
You acknowledge that the entire Website and its contents including the software is owned or duly licensed to the Company and are protected by the Copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
Prohibited Activities
You agree NOT to do to the following:
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; Impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site; Collect or store personal data about other users; Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by dotttest.com / dott; Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website, either in whole or part; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this Website or the Service. Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of this Website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.
Security And Privacy
The Company knows that You care how information about You is used and shared, and we appreciate Your trust that we will do so carefully and sensibly. We let You retain as much control as possible over Your personal information. However, You may not visit and use our site at anytime without telling us who You are or revealing the required information about Yourself. To the Company, our most important asset is our relationship with You. We are committed to maintaining the confidentiality, integrity and security of any personal information about our users. We are proud of our privacy practices and the strength of our site security and want you to know how we protect Your information and use it to provide to You the services. This notice describes our privacy policy. By visiting this Website, You are accepting the practices described in this Privacy Policy.
Information You Give Us: We receive any information You enter on our Website or give us in any other way. However, we do not store any personal sensitive information on our server. They remain with You on Your system.
You can choose not to provide certain information, but then You might not be able to take advantage of many of our features. We use the information that You Provide for such purposes as responding to your requests, customizing future commercial transactions, improving our data base, and communicating with You and utilizing/exploiting/disclosing, without prejudice to any of Your other rights, the same for any other, whether commercial or non-commercial purpose which the Company in its sole discretion considers necessary for its business purposes or otherwise.
You can add or update certain information. When You update information, we usually keep a copy of the prior version for our records.
Automatic Information: We receive and store certain types of information whenever You interact with us. Our server logs Your activities for various diagnostic and analytical purposes. However, other than the IP address of Your machine from where You are accessing the Service, there are no other personal information maintained by the Company in the logs.
E-mail Communications: To help us make e-mails more useful and interesting, we may request to receive a confirmation when You open e-mail from Your end if Your computer supports such capabilities.
Sharing of Information Received by the Company: You can tell when another business is involved in Your transactions, and we share, use or, disclose customer information related to those transactions with that business.
Business Transfers: As we continue to develop our business, we might be acquired completely or merge with any other Company. In such transactions, customer information generally is one of the transferred business assets. In such a case, we will intimate to You of the same and ensure the protection of Your information as per these policies and guidelines.
Protection of the Company and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters. Security Of Information
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, unless it is in (i) in response to a valid legal request by a law enforcement officer or government agency or (ii) when You have explicitly or implicitly given Your consent, or (iii).utilize the same for some statistical or other representation without disclosing personal data.
We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts.
We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a Login ID email address and password that keeps Your personal identity anonymous. Access to Your Registration Information and Your personal financial data is strictly restricted to those of our Company employees and contractors, strictly on a need to know basis, in order to operate, develop or improve the Service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
It is important for You to protect against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer.
As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts and obtain Your financial transaction details account information from those third parties in order to provide the Service to You.
Conditions of Use, Notices, and Revisions
If You choose to visit this Website, Your visit and any dispute over privacy is subject to this Agreement, including limitations on damages, arbitration of disputes, and application of the law of the Republic of India. If You have any concern about privacy at this Website, please send us a thorough description to support@dottest.com and we will try to resolve it. Our business changes constantly. This Notice and the Terms of Membership will change also, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless You have instructed us not to, but You should check our Website frequently to see recent changes.
DISCLAIMER
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS WEBSITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE OR (ii) OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Termination
This Agreement to be applicable and shall be binding on the parties, i.e., you and Dott, unless terminated as specified below:
By you, by providing a written notice of at least 5 (five) business days;
Closure of your account by Dott or You for any reason immediately;
The Company may terminate this Agreement and close your account if it comes to the knowledge of the Company that you have breached any of these terms and conditions, whether intentionally or by implication;
The Company may terminate the Agreement; it is so required to be one by an express direction of law
All termination notices have to be forwarded to support@dotttest.com
Dott hereby expressly states that this Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news and bulletin boards, blogs, tools, information and databases) is intended for End Users who are legally permitted to enter into a contract. This Service is not intended for the use of minors or people who are not permitted to enter into a valid and binding contract. In the event if it comes to the attention of the Company, from authentic and valid resources, that a particular End User does not meet this criteria, then, the Company will forthwith close the account of the said End User and will delete all information and content which is relating to that End User without any obligation or liability towards such End User from the Company’s records. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from the Site or any services or products obtainable there from the unavailability or interruption of the Site or any features thereof your use of the Site the content contained on the Site any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED Rs. 1,000/- AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Indemnity by you
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the Service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.
Jurisdiction
The Company controls and operates this Website from its registered office in Pune, India, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Pune, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Pune, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Pune. The courts in Pune shall have the sole jurisdiction regarding the subject matter of this Agreement.
MISCELLANEOUS
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.
END OF TERMS & CONDITIONS
