Terms of Use

CREPIG - Terms of Use         Updated: January 17th, 2011

 

Welcome to CREPIG.com, a business social networking website, including all web pages, subpages and additional linked pages contained therein (collectively, the “Site”), owned, operated and managed by Fools Media Group ("we", “our”, or "us"). These Terms of Use for the Site contain general terms that apply to the user of the Site (“you”, or “your”). When using the Site, you will also be subject to our Privacy Policy, as well as the CREPIG Rules & Regulations, and any additional posted guidelines, policies or rules applicable to specific services and features on the Site (collectively, the "Terms of Use"), which are part of this Agreement and are hereby incorporated by reference. The Terms of Use may be changed by us from time to time and posted on the Site. We strongly recommend that, as you read these Terms of Service you also access and read the linked information. By registering, signing-up, signing-in, engaging in, viewing or browsing the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. If You do not agree to the Terms of Use, you can stop using the Site at any time.

 

The Site is directed at and offered only to users 18 years of age or older. If you are under 18 years old, do not use the Site. Any person who provides their personal information through the Site represents to us that they are 18 years of age or older. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Use.

If you are using the Site as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement, refers to your company or legal entity.

 

Quick Reference:

1. Definitions

2. Your Content and License to Your Content

3. Trademarks and Legal Notices

4. Third Party Content and Hyperlinks to Third Party Sites

5. Representations and Warranties

6. Acceptable Use and Conduct

7. Site Policies

8. Copyright Infringement

9. Disclaimer of Warranties

10. Indemnity

11. Your Interaction with Others

12. Limitations of Liability

13. Changes to Site

14. Amendments

15. Term and Termination

16. Governing Law; Venue

17. Relationship of the Parties

18. United States Export Controls

19. No Third Party Beneficiaries

20. General

21. Contacting us

 

1. Definitions

"Content" means (i) any work of authorship, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through the Site.

"Your Content" is any Content that you submit to the Site.

"Members" are users of the Site who complete a registration process and sign-up on the Site including responding to profile questions.

"Member Data" is data collected from users by us.

"Premium Services" are services provided by the Site to Members for a fee.

"Users" are all end users of the Site, and include you, any unregistered users, and all Members.

 

2. Your Content and License to Your Content

We do not claim any ownership rights in your Content. After posting your Content, you continue to retain ownership of your Content, and you continue to have the right to use and license your Content in any way you choose. The Content that you upload to the Site needs to comply with the terms of this Agreement. At any point, you can delete your Content from the Site subject to the terms of this clause, and cancel your account and we do not retain any license rights except as provided below:

You hereby grant us, during the course of your usage of the Site, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content (a) for the sole purpose of operating and making your Content available on the Site and in all current and future media in which the Site may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant users or the general public additional licenses to your Content, please include the license terms with your Content. Without limiting the foregoing, we reserve the right to retain copies of all Content for archival purposes after termination of the Agreement. You hereby agree that if your Content is removed from the Site due to a violation of these Terms of Use, including in response to any valid DMCA take down notice or because such Content contains illegal images, we shall have the right to use, reproduce and exploit your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of the Fools Media Group, the Site, any individual, or the general public. You are responsible for making sure that you have all rights in your Content, including the rights necessary for you to grant the foregoing licenses to your Content. You are solely responsible for your Content. You understand that whether or not your Content is published or marked private by you, we do not guarantee any confidentiality or privacy with respect to any of your Content. You agree not to include any advertising in any of your Content except where expressly allowed and as indicated in the Site’s Guidelines. We reserve the right, in our sole discretion, to retain and use your Content on the Site where we deem the deletion of your Content would cause any other Site Content to seem fragmented or discontinuous to the Members. By submitting or posting your Content, you thereby agree to such retention and use of your Content by us.  Additionally, you understand and agree that your Content that is displayed on the Site may continue to appear on the Site, even after you have terminated your Member account or terminated these Terms of Use, as portions of your Content may have been incorporated into Member profiles, posts, comments, bulletins, notifications, RSS feeds or other features. In addition to the rights, licenses and privileges referred to above, you agree that we, in our sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Site, and any products, goods, features, capabilities and/or services associated with the Site. As a user you acknowledge that we and our designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. If a Member is removed from the Site, the Content associated with that Member may also be deleted at our sole discretion. We encourage you to be sure you are comfortable with this possibility before contributing your Content to the Site. You should be aware that we are not required and may not keep back-up copies of Content (including your Content) on the Site once the Content is deleted. Additionally, we make no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Site and you should independently back-up your Content.

 

3. Trademarks and Legal Notices

Our trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Site are the copyrighted marks “Marks”, whether trademarked or not, of Fools Media Group and it’s subsidiaries, and may not be used without permission. We are not granting you a license under any intellectual property right to the Marks. Other trademarks, logos, and trade names that may appear on the Site are the property of their respective owners.

 

4. Third Party Content and Hyperlinks to Third Party Sites

Content from other Members or advertisers, including, information about third party products and services and any third party applications, ("Third Party Content") is made available to you on the Site. The inclusion of Third Party Content on the Site does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content. Notwithstanding the foregoing, we or our designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Site you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Site at your own risk. Additionally, we or third parties may provide hyperlinks on the Site, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Site and the inclusion of any link on a the Site does not imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Site. Access and use of Third Party Sites, including the information, material, products, and services on Third Party Sites or available through Third Party Sites, is solely at your own risk.

 

5. Representations and Warranties

You hereby represent and warrant to us that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Site including your promotional or other activities off the Site that relate to the Site; (b) you have the right to grant to us the rights granted herein and you own or have all necessary rights, title and interest in and to your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of your Content contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Site, or intercept or expropriate any system data or personal information from the Site.

 

6. Acceptable Use and Conduct

You are solely responsible for your conduct and your Content on the Site. We want to keep the Site safe and fun for everyone and the use of the Site for unlawful or harmful activities is strictly prohibited. In defining "safe and fun," you specifically agree that you will not post, email or make available any Content to users or use the Site:

• in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;

• in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Site in connection with your Content;

• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

• in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;

• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;

• to impersonate our employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;

• to interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site;

• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Member's account or to monitor or copy the Site or the content contained therein;

• to facilitate the unlawful distribution of copyrighted content;

• in a manner that includes personal or identifying information about another person without that person's explicit consent;

• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or to users; and

• in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

• "stalk" or otherwise harass anyone;

• collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;

• request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Site, including passwords, or to proxy authentication credentials for any Member of the Site for the purposes of automating logins to the Site;

• use any profanity or the description or name of any illegal activity in your Content;

• post any Content containing child pornography. We absolutely do not tolerate this and will report any suspected instances of child pornography, including reporting any Site Member Data, to law enforcement, including the National Center for Missing and Exploited Children;

• post any Content that we determine in our sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;

• post any Content that we determine constitutes pornography or is adult in nature;

• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";

• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Site's infrastructure;

• attempt to gain unauthorized access to the Site's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;

• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to the Site); and

• develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site.

You agree not to authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify us in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

 

7. Site Policies

We may establish general polices and limits concerning use of the Site ("Site Policies"), including (and without limitation) the maximum number of days that uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or your Content, the maximum number of times and duration for which you may access the Site in a given period of time, the maximum bandwidth used by your Content, and the maximum CPU power used by your Content. The Site Policies once established and within 24 hours of being posted on the Site become part of this Agreement.

 

8. Copyright Infringement/Digital Millennium Copyright Act Compliance

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). We may remove any allegedly infringing Content without any liability to you. We will promptly terminate without notice any Member's access to the Site, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, we will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content posted by that Member anywhere on the Site. We, however, reserves the right to identify and terminate Members under any circumstances we deem appropriate, including after only a single instance of allegedly infringing behavior by that Member.

 

9. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND ALL CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

10. Indemnity

You agree to indemnify, defend, and hold harmless us, and our successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

• your Content;

• your use of any Third Party Applications;

• your use or misuse of, or connection to, the Site;

• your breach or alleged breach of this Agreement;

• your violation of any rights (including intellectual property rights) of a third party;

• your use or misuse of any user data including, in violation of our Privacy Policy, and;

• your breach or alleged breach of any agreement or policy between you and other Users.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

11. Your Interactions with Other Users

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party, we are under no obligation to become involved. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

 

12. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL REALMASH OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF REALMASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SITE; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO REALMASH BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN REALMASH AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

 

13. Changes to the Site

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Site or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

14. Amendments

We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on the Site. The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the Site after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing user 30 days after the material changes are initially posted on the Site. The revised version will apply to you immediately if you are a user who registers or first uses the Site on or after the posting of the revised version.

 

15. Term and Termination

Term: This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership on the Site at any time and for any or no reason by following the instructions on the profile page while logged in to the Site.

Termination: We have the right (at our sole discretion) for any or no reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site, (ii) remove and discard any Content on the Site, with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, your Content, or Member Data. We are not responsible for deleting your Content on your behalf. Even if Your Content is deleted, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in this Agreement.

 

16. Governing Law; Venue

This Agreement shall be governed by the laws of the State of Florida without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.

 

17. Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that we have no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

 

18. United States Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from us under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify us, to the fullest extent permitted by law, from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

 

19. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

 

20. General

Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You may not delegate your duties under this Agreement or assign this Agreement or your Site accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. We may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors. This Agreement, which incorporates our Privacy Policy and the Rules & Guidelines, constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements (whether written or oral) between you and us regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement. The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it. We may provide you with notices, including those regarding changes to this Agreement or any of our terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four (24) hours after email is sent, unless we have previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement (such as notices relating to technical changes to the Site) are deemed given two (2) days following the initial posting.