PURCHASE TERMS & CONDITIONS
BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:
The terms “we”, “us” “our” and “Company” refers to Melonhead Studio, LLC dba Your Brand Spark.
The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products.
The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, Products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, classes, live posts and the like, whether purchased or not.
The term “Product” and “Products” shall include but are not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, video calls, live posts and the like.
1. USER’S ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS:
By using this Site, our Services, or purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink.
Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.
2. PURCHASE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site, Product and/or Service(s).
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Products and/or Services.
Due to the digital nature of our products, we do not offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at email@example.com, and we’ll do our best to make things right.
We will periodically update our Products and/or Services to stay current. For the lifetime of our business, you will be provided with these revisions and/or updates and/or edits at no additional charge. Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you.
If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, the Company reserves the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. Payment plans are provided for your convenience and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.
You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorneys’ fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Products and/or Service, or any Content on the Site through which our Products and/or Services and/or Content are provided, without express written permission by us.
We are not responsible if information made available on this Site or within our Content, Products and/or Services is not accurate, complete, updated, or current. The material on this Site is provided for general educational and informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on this Site, or in our Products and/or Services is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site, Content, Products and/or Services.
You understand that the information presented in any of our Content, Products, and/or Services via this Site is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. All of the information provided throughout the Site, Content, Product and/or Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice. You use this Site, Content, Products and/or Services at your own risk and do so voluntarily.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Content, Product and/or Services, including any actions you choose to make, or not make, as a result of using our Site, Content, Products and/or Services. You should consult with a professional for any and all individual questions or concerns.
4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Your Brand Spark will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
5. LAWFUL PURPOSES
You may use the Site, our Content, Products and/or Services for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
Infringement Notification. Your Brand Spark respects the rights of others and we expect users of our Sites, Products and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also the Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Your Brand Spark by both of the following means:
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Abigail Peugh LLC to locate the material.
- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible at: firstname.lastname@example.org
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
8. PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any Products, Services, Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site, Content, Product or Service will be corrected.
9. PERSONAL INFORMATION
10. OUR INTELLECTUAL PROPERTY
This Site, Content, Products and Service contain intellectual property owned by Melonheadhead Studio, LLC dba Your Brand Spark. including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Your Brand Spark name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
YOUR BRAND SPARK™, BRAND IN A WEEK™, are trademarks exclusively owned by Melonhead Studio, LLC dba Your Brand Spark.
License to Use. By purchasing our Product and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Services that you purchased.
No Resale of Products and/or Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any non-commercial or commercial purposes, any portion of the Site, Content, Products and/or Services purchased via the Site, use of the purchased materials/products, or access to any course or products purchased. This agreement and all Product and/or Services purchased are not transferable or assignable without the Company’s prior written consent.
You agree to not share access to the Products and/or Services purchased or other proprietary materials with others. This includes parties that have not purchased the Products, or any other third-party that Company has not authorized access to. If you violate these Terms, such as giving or selling a copy of our Products and/or Services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our Site, Products, and/or Services, temporarily or permanently.
Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.
11. MODIFICATIONS TO THE PRODUCTS AND/OR SERVICE AND PRICES
Prices for our Products and/or Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products and/or Service.
12. NO GUARANTEES
(a) We cannot guarantee any outcome of using or consuming the Products, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.
(b) Company may provide (on its Site, Content, Products or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of the product or service provided by any third-party and bears no liability with respect to such service or experience.
You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services. This section survives termination.
Please refrain from sending Company and its representatives any confidential information. If there is a private group environment included in your purchase (for example, Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.
15. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Products and or Services. Additionally, Melonhead Studio LLC dba Your Brand Spark is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Your Brand Spark has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Melonhead Studio, LLC dba Your Brand Spark cumulative liability to you exceed the total purchase price of the product/service you have purchased from Melonhead Studio, LLC and/or Your Brand Spark and if no purchase has been made by you, Melonhead Studio, LLC cumulative liability to you shall not exceed $100.
Without limiting the foregoing “Limitation of Liability” provision, the Site, Products and/or Services is provided to you “AS IS” and Melonhead Studio specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED.
You agree to defend, indemnify, and hold harmless Melonhead Studio, LLC dba Your Brand Spark its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
17. CHANGES TO POSTED TERMS
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site, Products, and/or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Melonhead Studio, LLC dba Your Brand Spark pertaining to this Site, Products and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Melonhead Studio, LLC dba Your Brand Spark shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Melonhead Studio, LLC dba Your Brand Spark.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Sacramento, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
20. GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the County of Sacramento, State of California, United States.
21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms are held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
24. ERRORS & OMISSIONS
The Site, Content, Products and/or Services may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services.
25. TESTIMONIAL DISCLAIMER
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
26. EARNINGS DISCLAIMER
Any earnings or income/financial claims or examples shown on our Site, Product and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program). We make no guarantees that you will earn any money using any of our Content, Products and/or Services and your income or earnings are solely dependent on your actions or non-actions.
28. THIRD-PARTY LINKS AND/OR PRODUCTS
Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Suggested Products: Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.
29. RULES OF CONDUCT
As a valued member of our community, you are required to adhere to the following rules of conduct while participating in discussions, forums, and any other interactive features of our Products and/or Services, where applicable. These rules are designed to ensure a positive and respectful environment for all participants.
- Respectful Communication: Always engage in respectful and courteous communication with fellow community members, moderators, and administrators. Do not use language or engage in behavior that may be considered offensive, harmful, or discriminatory.
- No Spam or Self-Promotion: Do not engage in spamming or excessive self-promotion within the community. Promotion of external products, services, or websites should only be done in designated areas with permission from the administrators.
- Confidentiality and Privacy: Respect the privacy of other members and do not share their personal information without their explicit consent. Additionally, refrain from sharing any confidential or proprietary information about our Company or other members.
- Compliance with Laws and Regulations: Do not use the community platform to engage in any illegal activities or violate any applicable laws and regulations.
- Be Supportive and Constructive: Encourage a supportive and constructive environment by offering helpful insights, feedback, and assistance to other members. Avoid any behavior that may discourage or harm the community’s spirit.
- No Harassment or Bullying: Harassment, bullying, or any form of intimidation is strictly prohibited. Treat all members with kindness and consideration.
- Report Inappropriate Behavior: If you encounter any behavior that violates these rules of conduct or makes you feel uncomfortable, promptly report it to the community moderators or administrators.
- Moderator Decisions: Respect the decisions of the community moderators and administrators. They have the authority to enforce these rules and may take appropriate actions to maintain the integrity of the community.
- Intellectual Property and Copyright: Only share content in the community that you have the right to use, and always give appropriate credit to the original creators when referencing their work.
- Compliance with Terms: Ensure that all community interactions comply with the overall Terms, as well as any additional guidelines provided by the Company.
30. RECORDINGS AND USE OF LIVE TRAINING SESSIONS
Consent to Recording and Use. By participating in live training sessions or events hosted by the Company, you acknowledge and agree that these sessions may be recorded and later used as pre-recorded lessons for educational purposes. You hereby grant the Company the irrevocable and unrestricted right to use, reproduce, distribute, display, and create derivative works from the recordings, including your voice, image, likeness and other attributes captured during these sessions and recordings.
Questions and Participation. If you ask questions or participate in discussions during live training sessions, you understand and consent to the recording of your voice, image, and likeness as part of the overall recording.
Confidential Information. The Company will make reasonable efforts to exclude any personally identifiable or sensitive information from the recordings before using them for pre-recorded lessons. However, it is your responsibility to avoid sharing any confidential or sensitive information during live sessions.
Release of Information. You understand that certain topics may be anonymously and hypothetically shared with others for training, supervision, mentoring, evaluation, further coach professional development, and/or consultation purposes. You consent to the release of this information provided it is released anonymously.
Limited Use for Educational Purposes. The recordings obtained from live training sessions will be used solely for educational purposes within the Company’s business. The recordings may be made available to other members who were not present during the live session to benefit from the knowledge shared and future members.
Withdrawal of Consent. If you wish to withdraw your consent to the use of your voice, image, and likeness in the recordings, you must notify the Company in writing. Please note that this withdrawal will only apply to future use of the recordings and not to any recordings already in use.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
32. FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
33. EFFECTIVE DATE
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.