Terms & Conditions of Service

The conditions and terms of use set forth in this agreement (the “Terms of Use”), govern your use of the services and features on the websites owned and controlled by Car Send It, Inc. including services available under the www.CarSendIt.com domain, sub-domains, other Car Send It powered websites and mobile applications (collectively referred to herein as “Car Send It”).

By accessing features or using Car Send It websites, you agree and consent to these Terms of Use, as well as the Privacy, Shipping, Cancellation, Refund and Return Policies (“Policies”) contained on www.CarSendIt.com, irrespective of whether you have read them. If you do not agree with Car Send It’s Policies, or with these Terms of Use, you should immediately cease using our websites. Car Send It reserves the right to change or modify any of the terms and conditions, from time to time, at any time, without notice, in its sole discretion. Car Send It may also discontinue our website at anytime and without notice and without any liability or responsibility to you. If Car Send It decides to change these Terms of Use or its other Policies, Car Send It will post a new version on its websites. Any changes or modifications to these Policies will be effective upon the posting of the revisions. Your continued use of Car Send It services following the posting of any changes or modifications to the Policies or Terms of Use constitutes your acceptance and acknowledgment of such changes or modifications thereof. If, at any time, you no longer agree with the Terms of Use or other Policies as they may exist on our websites from time to time, you must immediately cease accessing or using the websites. For this reason, you should frequently review our Terms of Use, and any other applicable Policies governing our websites. Should any conflict arise between these Terms of Use and Car Send Its other Policies, the provisions of these Terms of Use shall prevail and govern. You further agree and acknowledge that you are at least 18 years of age and can form legally binding contracts under applicable law. Minors may only use this service in conjunction with their parents or guardians’ direct oversight. Your Car Send It membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Any violations of these terms of use may result in membership suspension or termination.

Car Send It is an intermediary that connects automobile owners with Automobile Transport Carriers (“ATCs”) to enable them to enter into an agreement to transport their vehicles. We are not involved in the actual transaction between shipping customers and ATCs. As a result, we have no control over the cost, quality, safety, or legal aspects of the transactions that take place between shipping customers and ATCs on our website. Car Send It does not validate the claims of ATCs with respect to their licensure, insurance and registration. Car Send It, our websites and mobile applications function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the ATCs with which you correspond. Because we are not involved in the actual transaction between shipping customers and ATCs, we have no control over the accuracy of listings, the ability of ATCs to transport items, or the ability of shipping customers to send items, and we cannot guarantee that a shipping customer or ATC will actually complete a shipment.

Car Send it is not responsible for negotiating shipping prices. Prices are set by the ATCs themselves. If you do not like the price quoted by a particular ATC, you may either reject the offer and get a new one from the same ATC; reject the offer and wait for another ATC to contact you with respect to that given order, or cancel the order entirely. Car Send It is neither a transportation broker, nor an escrow service, and the customer retains the right to control any and all funds remitted to the ATC of their choosing, and releasing payments to an ATC is the equivalent of making a non-reversible cash payment. Car Send It is not responsible for any monetary disputes that reside with an ATC or shipping customer, and it is the responsibility of both the ATC and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, or other legal claims outside of Car Send It. Should damage occur, the shipping customer should take appropriate steps to file an insurance claim and/or work with their ATC to settle the damage claim, outside of the Car Send It network.

You agree that it is your responsibility to maintain a valid, credit card or bank account on file with us while engaging in activity on our website. You agree that if you do not maintain a valid, credit card or bank account on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize Car Send It to withhold any monies and/or debit any monies from any account that you have identified to Car Send It for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to Car Send It. Prior to any chargeback initiation, Car Send It must be notified by the card holder so that Car Send It may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a Car Send It transaction. Unauthorized chargebacks initiated by Car Send It members against Car Send It are prohibited and will result in the suspension of your Car Send It account, and may result in Car Send It pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency. In the event that shipping services were not performed, all members must abide by the Car Send It Cancellation and Refund Policies. We reserve our rights to all actions and remedies in connection with any monies owed to Car Send It, and you agree to indemnify, defend and hold us harmless for any claims, demands or causes of action we may take toward any identified account pursuant to this section.

If during any billing period, Car Send It is not able to collect fees owed on your account, we reserve the right to charge your payment method on file. If we are not able to collect Unpaid Fees from your account in any billing period, Car Send It may charge your account a penalty of $15.00 if the payment owed is 30 days past due, $25.00 if the payment owed is 60 days past due, and $50.00 if the payment owed is 90 days past due. In addition, Car Send It may charge interest, in the amount of 1.5% per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If at any time after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

A “Cancellation” occurs when either party has to cancel after a bid was accepted on Car Send It but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on Car Send It will not be performed. When you request a cancellation, the other party will be notified and will have to respond by either: a) accepting the cancellation and your reason; b) accepting the cancellation but providing their own reason and/or comments; or c) disputing the reason for cancellation and requesting review by Car Send It staff. The customer must first acquire a refund from the ATC before completing a cancellation on Car Send It, and a refund can only be given if the ATC agrees to accept the Cancellation, in the ATCs sole discretion.

You hereby agree and acknowledge that your acceptance of these Terms of Use, your provision of services and/or your use of the Car Send It website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

Should you have a dispute with one or more Car Send It users, you release Car Send It, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

As a shipping customer, you are obligated to complete the transaction with the ATC if you accept the ATC's quote, unless the transaction is prohibited by law or by this Agreement. By accepting an ATC's transportation bid, you agree to be bound by the conditions of the bid included in the bid details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the ATC materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) the ATC accepts the shipping customer’s request for a Cancellation. The ATC reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. Car Send It does not screen or qualify ATCs for compliance with federal, state or local laws and regulations, so it is recommended that you confirm such compliance directly with the ATC before services are rendered by the ATC.

ATCs and other members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. ATCs must legally be able to transport shipments that are bid on. As an ATC, you agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal insurance and licensing requirements. When responding to shipping customer bids, all ATCs must describe the offer and all terms of service on the bid submittal form at www.CarSendIt.com. You acknowledge that the Car Send It website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), Car Send It reserves the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of your transportation services. If you bid on any shipment and your bid is accepted by the shipping customer, you are obligated to perform the services offered in your bid at the accepted bid price. We may from time to time, provide distance calculations and driving directions (or links to 3rd party driving directions) to ATCs as part of our service. We are not responsible for the accuracy of this information. We recommend that ATCs verify with the shipping customer any information it may need to complete a shipping transaction.

Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on Car Send It. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Full responsibility rests with the sender to comply with all U.S. state and federal laws that regulate the mailing of hazardous, restricted and perishable goods. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties including fines and/or imprisonment.

The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, requires all ATCs handling interstate shipments register with it and provide certain information. You can determine the registration and safety statues of an ATC at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest you check with your state Department of Transportation if your service is entirely within one state.

You are solely responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing Car Send It. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile application. Furthermore, you may not list any shipment or trip on our site that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our prohibited items terms. You authorize Car Send It to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of our Policies.

Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or mobile application, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information will not: violate any international, federal or state law, regulation, rule, or statute; not violate the terms of this Agreement; infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights; contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography; be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Car Send It employees, agents, other members, or the marketplace itself; contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile application; scan or test the vulnerability or security of our website, mobile application or the system within which it operates; be used for commercial or public purposes outside of the requirements of this Agreement; create liability for us in any manner whatsoever; frame or link to our website without our written permission; and involve the upload, or insertion of, any programming language or code into or onto our website or mobile application. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information

Car Send It prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the Car Send It website. Actions of this nature, which circumvent Car Send It's fee structure and are a potential fraud risk for both shipping customers and ATCs, and are strictly prohibited. Users may neither manipulate the bid prices for any shipment or interfere with other members' listings or transactions, nor enter into an agreement or transaction that circumvents or avoids the rights of Car Send It. Car Send It may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site.

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that should monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, we shall be entitled to injunctive relief.

During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of these Terms of Use. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

We always want to receive messages and feedback from Car Send It members and welcome any comments regarding the Car Send It marketplace. However, if you do send Car Send It an unsolicited suggestion, idea, or proposal, or if you send, at the request of Car Send It, ( a "Submission"), Car Send It will consider the Submission to be non-confidential and nonproprietary. Car Send It shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Car Send It shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

We use techniques to help verify the identity of ATCs when they register on our website through the Car Send It.com domain, sub-domains or mobile application; however, Car Send It cannot and will not confirm each ATC’s identity.

Remedies for use of our website or mobile applications that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, refusing to provide our services to you, or any other remedies that may be available to Car Send It at law or in equity.

In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our mobile applications, our services or this agreement however arising, including negligence. Our liability, and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the lesser of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or $100.00.

Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Car Send It to collect our fees and/or recover damages for, or obtain an injunction relating to, the Car Send It site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Miami-Dade County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Disputes between you and Car Send It regarding our services should be reported to Car Send It customer service. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between members regarding services. If you report a dispute to Car Send It, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between members. If we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. You should report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the websites are Copyright™ owned by Car Send It. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on its websites remains the exclusive property of Car Send It and is protected by U.S. and international copyright laws. All software used on the websites is the property of Car Send It or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the websites for the sole purpose of placing an order, using interactive services or using the websites services. Any other use of our websites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Car Send It is strictly prohibited, and may be against the law. Car Send It.com, and all page content, headers, custom graphics and button icons are copyrighted, service marks, trademarks, and/or trade dress of Car Send It and may not be used in connection with any product or service that is not offered by Car Send It in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Car Send It, its affiliates, merchandise or products.

While Car Send It has tried to accurately display the colors and images of products and merchandise on its websites, the actual colors and images you see may not be accurate, and the merchandise you receive may vary from the images presented on our websites.

Car Send It may provide content of third parties ("Third Party Content") or links to Third Party Websites as a service to those interested in this information. Car Send It does not monitor, approve or have any control over any Third Party Content or the Third Party websites and the inclusion of links to Third Party Content or Third Party websites does not imply any association or relationship between Car Send It and such third party. Car Send It does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Car Send It is not responsible for updating or reviewing Third Party Content or Third Party websites. You use Third Party Content and Third Party websites at your own risk. Third Party Content, including comments from third party users submitted to Car Send It; do not necessarily reflect the views of Car Send It.

If you access the websites via your mobile phone, your carrier's normal rates and fees, such as text messaging fees or data charges, may apply.

Any and all content you submit is not confidential and may be used by Car Send It, for any reason in its sole discretion. Car Send It may or may not pre-screen content. However, Car Send It will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any content on the websites. In particular, Car Send It and its designees will have the right to remove any content for any reason in its sole discretion, including content that is objectionable or that violates these Terms of Use. Car Send It does not guarantee that you will have any recourse through Car Send It to edit or delete any content you have submitted. Car Send It reserves the right to incorporate any content you have submitted into any account you may have, now or in the future, as a registered user of the websites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Car Send It reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you are solely responsible for any and all content that you submit on the websites. None of the content that you submit shall be subject to any obligation of confidence on the part of Car Send It, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers agents and employees.

Car Send It reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use its websites and to block or prevent your future access to and use of its websites. Car Send It may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the law; (ii) enforce these Terms of Use, (iii) respond to claims that Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Car Send It (and its employees), its users and the public.

CAR SEND IT IS PROVIDING THE SITES, THEIR CONTENTS, MERCHANDISE, PRODUCTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CAR SEND IT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CAR SEND IT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION MAY VARY FROM TIME TO TIME, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. CAR SEND IT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS WEBSITES, MERCHANDISE, PRODUCTS OR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

You agree to defend, indemnify and hold harmless Car Send It, its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from any and all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the websites, Services; Products or Services (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the websites.

The websites and its related services are created and controlled by Car Send It in the State of Florida, U.S.A. As such, the laws of the State of Florida will govern these Terms of Use. Car Send It reserves the right to make changes to its websites, Policies, and these Terms of Use at any time.

Any claim or dispute between you and Car Send It that arises in whole or in part from the websites or website Policies shall be decided exclusively by a court of competent jurisdiction located in Miami-Dade, County, Florida.

If you believe your work or content has been copied and posted to the websites in a way that constitutes copyright infringement, please provide Car Send It the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the websites;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); an
• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or contact you to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND CAR SEND IT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ITS WEBSITES AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Car Send It's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Headings are provided for informational purposes only and shall have no bearing on the meaning or interpretation of the text thereunder, as contained in these Terms of Use.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. This agreement is effective on for all users.