Terms & Conditions
TERMS AND CONDITIONS
Effective Date: 10/1/19
PERMISSION TO USE — AGREEMENT TO TERMS AND CONDITIONS OF SERVICE
This website (‘Website”), networks, and the services, information, tools, data, software, updates and similar materials delivered or provided thereby (collectively, the “Service”) are owned and/or licensed and supplied by The Free Lancer. Access to and use of the Service is by The Free Lancer’s permission only and subject to your agreement to and compliance with the conditions set forth in the following Terms and Conditions of Service (“Terms and Conditions”) and any updated version of such policies or additional policy posted on this Website. By creating an account or otherwise accessing the website or using The Free Lancer Service, you are agreeing to be bound by these Terms and Conditions.
We may revise or update these Terms and Conditions or the Privacy Policy by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement is considered acceptance of any update.
IF YOU DO NOT AGREE TO BE BOUND BY THIS TERM OR ANY OF THE FOLLOWING TERMS AND CONDITIONS, OR FAIL TO MEET ANY OF THE ELIGIBILITY REQUIREMENTS LISTED BELOW, YOU DO NOT HAVE THE FREE LANCER’S PERMISSION TO ACCESS OR USE ITS SERVICE AND YOU SHOULD EXIT THE SERVICE NOW.
LICENSE
As long as you are in compliance with the Terms and Conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sub-licensable, non-exclusive license to access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
THE FREE LANCER INTELLECTUAL PROPERTY
We own our graphics, logos, names, designs, page headers, button icons, scripts, and service names, which are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) is protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by these Terms and Conditions.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of Us and/or our licensors, as the case may be.
These Terms and Conditions do not convey any title or ownership interest to you, and you agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Service. You are given only the limited rights set forth herein.
ELIGIBILITY — POLICIES FOR CHILDREN
You must be at least eighteen (18) years old or over the legal age to enter a binding contract under the laws of your jurisdiction to submit Content to THE FREE LANCER. By using the Service, you represent that you meet this minimum age requirement. Subject to the above, those under eighteen (18), but over the age of thirteen (13), may view the Content only, subject to these Terms and Conditions and all applicable laws.
The Service is not intended for use by individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. See www.ftc.gov for more information.
RULES OF CONDUCT
You agree that you will not violate any applicable law or regulation in connection with your use or viewing of the Service. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, questions, notes, plans, proposals, or materials similar thereto (“Submissions”) or graphics, drawings, designs, text, information, audio, photos, software, that:
1. is unlawful or encourages another to engage in anything unlawful;
2. contains a virus, worm, Trojan Horse or other harmful code, software or activity which may damage the operation of our or another’s computer;
3. is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.
You further agree that you will not do any of the following:
1. modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
2. interfere with or disrupt the operation of the Service;
3. attempt to breach or override security or authentication measures without proper authorization;
4. collect content or personally identifiable information from the Service or its users without permission;
5. submit, post or make available false, incomplete or misleading information to the Service or its users, or impersonate any other person or business; or
6. register for more than one user account without THE FREE LANCER’s express permission.
The foregoing Rules of Conduct should be viewed as minimum requirements for the use and viewing of the Service. They may be amended or revised at THE FREE LANCER’s sole discretion. Such Rules of Conduct do not in any way limit THE FREE LANCER’s right to terminate your use or viewing permissions.
DENIAL OR TERMINATION OF SERVICES
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at anytime. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. You may terminate your use of the service at any time for any reason.
CONTENT SUBMISSIONS:
THE FREE LANCER’S LICENSE TO USE YOUR SUBMITTED CONTENT
By submitting any Content to Us, you hereby agree, warrant and represent that: (a) you are authorized to submit the Content to Us for republication through the Service, and you have secured any necessary licenses or permissions from rights owners relating to the Content, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Content does not contain proprietary or confidential information; (c) the provision of the Content, and its use by us in connection with the Service, is not and will not be a violation of any third-party’s rights; (d) all such are accurate and true; (e) We are not under any confidentiality obligation relating to the Content or Submissions; (f) We shall be entitled to use or disclose the Content in accordance with the current Terms and Conditions; (g) you are not entitled to attribution relating to the Submissions or Content, however, where feasible (in our sole judgment), we will give you reasonable authorship attribution.
If you choose to submit any Content to The Free Lancer you hereby grant us a PERPETUAL, IRREVOCABLE, SUB-LICENSABLE, TRANSFERRABLE, WORLDWIDE, FULLY PAID UP, ROYALTY FREE, RIGHT AND LICENSE TO REPRODUCE, USE, MODIFY, DISPLAY, PERFORM, DISTRIBUTE, TRANSLATE AND CREATE DERIVATIVE WORKS FROM ANY SUCH CONTENT, IN ANY AND ALL MEDIA, WHETHER NOW KNOWN OR HEREAFTER DEVISED, BY ANY AND ALL MEANS OR TECHNOLOGIES, WHETHER NOW KNOWN OR HEREAFTER DEVISED, IN ALL LANGUAGES, THROUGHOUT THE UNIVERSE AND IN PERPETUITY, ALL WITHOUT ANY RESTRICTIONS, LIMITATIONS OR CONDITIONS OF ANY KIND, AS WELL AS TO COMMERCIALLY USE THE RIGHTS OF PUBLICITY, PERSONA, IMAGE AND NAME OF THE INDIVIDUALS DEPICTED IN SUCH CONTENT WITHIN OR OUTSIDE THE SERVICE.
We have sole discretion in determining what Content will be published on the Service, the duration of the publication, how and when it appears on the Service, and in what locations. The Free Lancer does not guarantee that purchased or licensed Content will be published or published in its entirety. You understand that We may amend, change, distort and otherwise modify the Content after its purchase or license from you. Other than the limited attribution possibility stated above, you waive any and all moral rights in your Content.
You acknowledge that We are under no obligation to maintain the Service, or any submitted Content. We reserve the right to withhold, remove and or discard any such material and are not responsible or required to maintain or return copies of any submitted Content. You should copy any submitted Content you desire to retain for your use.
INDEMNIFICATION
You agree to defend, indemnify and hold The Free Lancer and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service, (c) your violation of these Terms and Conditions, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violates of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Service.
SURVIVAL OF RIGHTS GRANTED TO THE FREE LANCER
All grants of any rights from you to Us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of your use permissions. Further, your representations and defense and indemnification obligations survive any usage termination.
AVAILABILITY
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
If you use the Service on your mobile device, it may cause you to incur data charges.
LINKS AND THIRD-PARTY CONTENT
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link. The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by Us.
PRIVACY
This Section of the Terms and Conditions describes the information that We gather from you on the Service, how We use and disclose such information, and the steps We take to protect such information. By using the Service, you consent to our use of your information and to the privacy practices described below.
The information we collect on the Service:
User-provided Information. When you use or register for the Service, you may provide and We may collect what is generally called “personally identifiable” information, including name, email address, mailing address, mobile phone number, and credit card or other billing information, or other “profile” information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide Us with personal information as part of the Registration process or in other various ways on the Service.
“Cookies” Information. When you use the Service, We may send one or more cookies – a small text file created by Us that is stored in on your computer either temporarily for that session only (“session cookies”) or permanently (“persistent cookie”). “Cookies” provide a way for Us to recognize you and keep track of your preferences on the website. We may use both session and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
“Automatically Collected” Information. When you use the Service, We may automatically record certain information from your device by using various types of technology, including your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
“Geo-tagged” or User Location Information. Some of the features of the Service enable Us to tailor your experience based on your location (“Geo-tagged Services”). In order to access certain services, you must allow The Free Lancer access to your geographic position through your device, which We may accomplish through a variety of means, including GPS location, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Us access to location data, We may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store location data. If you choose to disable Geo-Tagged located options, on your device, you will not be able to utilize certain features of the Service. By authorizing The Free Lancer to access your location or media files containing location-based metadata, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) The Free Lancer may, for so long as you allow Us to access such location data or metadata, provide Services related to your then-current location.
Third Party Access. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties, such as through the use of your Facebook credentials. By authorizing us to connect with such third party services, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that such third party services make available to us, and to use and disclose it in accordance with these Terms and Conditions. You are responsible for checking and understanding what information is disclosed by such third party services, and you should refer to the Terms and Conditions herein on Third Party Services in making your decision to access The Free Lancer through such third parties.
Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, customers, and Integrated Services. If We combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
How We use the information We collect: We use information We collect on the Service in a variety of ways in providing the Service and operating our business, including, but not limited to, the following:
Operating, maintaining, enhancing and providing all features of the Service, providing services and information that you request, responding to comments and questions and otherwise providing support to users, and processing and delivering entries and rewards in connection with promotions that may be offered from time to time on the Service.
Understanding and analyzing the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality. Contacting you for administrative purposes such as customer service, addressing intellectual property infringement, right of privacy violations or defamation issues related to your Content posted on the Service. Sending communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.” Using “Cookies” and automatically collecting information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
When We disclose information: Except as described below, We will not disclose your information that We collect on the Service to third parties without your consent. You agree that We may disclose:
Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users.
Information we provide to third party service providers to provide website, application development, hosting, maintenance, and other services for Us. These third parties may have access to or process your information as part of providing those services for Us. Generally, We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
Certain automatically-collected, aggregated, or otherwise non-personally- identifiable information to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
Your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose your information that We believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
YOUR CHOICES (Personal Information & Commercial email)
You may, of course, decline to share certain personal information with Us, in which case We may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an a Third Party Service, you may contact us at bberman@ntsd.org
Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate and lawful reason to do so.
If you receive commercial email from Us, you may unsubscribe at any time by following the instructions contained within the email, you may also opt-out from receiving commercial email from Us, and any other promotional communications that We may send to you from time to time, by sending your request to Us by email at bberman@ntsd.org
Please be aware that if you opt-out of receiving commercial email from Us or otherwise modify the nature or frequency of promotional communications you receive from Us, it may take up to ten business days for us to process your request, and you may receive promotional communications from Us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from Us, you will continue to receive administrative messages from Us regarding the Service.
THIRD-PARTY SERVICES
The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service.
DATA SECURITY
We use certain physical, managerial, and technical safeguards in an effort to protect the integrity and security of personal information that we collect and maintain. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
PRIVACY SETTINGS
Although We may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, We cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
INTERNATIONAL VISITORS
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, We may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
COPYRIGHT POLICY
If you believe in good faith that any material posted on or through our Service infringes the copyright in your work, please contact our copyright agent (contact information below), designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed; Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing; Information reasonably sufficient to permit us to contact you; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid.
COMPLAINT POLICY
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to bberman@ntsd.org, containing the following information:
Your name, home address, e-mail address and phone number;
A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
Your physical or electronic signature.
If We receive a message that complies with all of these requirements, We will evaluate the submission, and if appropriate, in our sole discretion, We will take action. We reserve the right to disclose your submission (absent your home address, e-mail address and phone number) to the poster of the claimed objectionable material, or any other party, to resolve the dispute or as otherwise permitted by these Terms and Conditions and Privacy Policy.
WARRANTY DISCLAIMERS AND LIMITATION ON LIABILITY YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS (COLLECTIVELY, THE “THE FREE LANCER PARTIES”) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FREE LANCER BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that an authorizes Tribunal shall find that the above disclaimers are not enforceable, then you agree that none of the Parties shall be liable for (1) any damages in excess of $10.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose. This limitation shall not apply to any damage that cannot be legally disclaimed herein.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute between us arising out of or relating in any way to your use of the Service or any service provided by us (“Dispute”), will be resolved solely and exclusively by binding arbitration. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated ore representative action, conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The laws of the State of Pennsylvania shall govern all Disputes, and shall be used in any arbitration proceeding.
Notwithstanding the foregoing, you hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. In particular, you agree that We may bring suit in court in a state or federal court located in Pittsburgh, Pennsylvania to enjoin infringement or other misuse of intellectual property or other proprietary rights, or for defense and indemnification as provided for herein. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO JURISDICTION AND VENUE IN PITTSBURGH, PENNSYLVANIA.
GENERAL
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Assignment: We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver: Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Entire Agreement: This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
OUR CONTACT INFORMATION
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at bberman@ntsd.org