Privacy Policy and User Agreement

petstoAgoodhome.com

Privacy Policy and User Agreement

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Privacy Policy: Your privacy is very important to us. If you are merely visiting our site, we collect and store only the following information about you:

The IP address of the terminal from which you access the Internet
The IP address of the website from which you linked directly to our site
The date and time you access our site
The browser you used to access the site
The operating system you used to access the site

petstoAgoodhome.com reserves the right to change its Privacy Policy and User Agreement from time to time. Before Privacy Policy or User Agreement changes take effect, we will post notices prominently.
petstoAgoodhome.com takes special care to protect the safety and privacy of young people using our services. Users thirteen (13) years of age and younger are not permitted to participate in activities where personal information may be collected. We do not specifically collect information about children. We encourage parents to participate in their child's experience in cyberspace. Our kids only section provides access to age-appropriate content available on the Web.
As part of the normal operation of our services, we collect and, in some cases, disclose information about you. This Privacy Policy outlines the information that we collect about you and what may happen to that information.
We use this information to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors.
We will not obtain any other personally identifying information about you when you visit our site, unless you choose to provide such information to us. Sometimes, we may specifically ask for information about you when you sign up to use a service and we may also use that information to let you know of additional products and services about which you might be interested. You can choose not to receive such information if you don't want to by sending an email originating from the registered User email address, containing the word "remove" in the subject line, to our privacy department , or by sending a written request containing the same information to PetsInNeed.org, 873 Fifth Avenue, Redwood City, CA 94063.
We automatically track certain information about you based upon your behavior on our site. We use this information to analyze user demographics, interests, and behavior to better understand your preferences and improve your petstoAgoodhome.com experience. petstoAgoodhome.com works with third parties that serve ads to this site. These third parties may also collect information about you.
Cookies are used on certain pages of our site. We offer certain features that are only available through the use of a cookie. Cookies are stored on your hard drive, not on our site. If your browser permits, you are always free to decline our cookies, but you may not be able to use certain site features and will have to enter your personally identifying information manually more often. If you choose to join, register, place, modify, delete, search and use the Auto-Notify feature on our site, we collect information about these behaviors.
To fully use our services, you will need to register using one of our online forms. When you register, place, modify, delete, search and/or use the Auto-Notify feature or any of the online services available, we may collect and store additional information about you. The registration process provides us with your contact information such as name, address, email address, and telephone number. In addition we may collect other information such as age or age range, gender, date of birth or other information for privacy and/or marketing purposes. Some of your personally identifiable information may be disclosed to third parties and used by third parties and us. By using the petstoAgoodhome.com site you agree to accept the terms of this Privacy Policy and User Agreement and you expressly consent to our use and disclosure of your personally identifiable information.
We use the information we collect from you to aid in the efforts to adopt a pet, find a lost pet, redeem a found pet, participate in sweepstakes, update listings and promote the services and products of petstoAgoodhome.com, it's partners and affiliates. We may also use it to send you information that is targeted to your interests, such as updated pet listings, upcoming events and promotions. By using the site you accept the User Agreement and Privacy Policy and you expressly agree to receive this information. Additionally, on appropriate portions of the site, we may display or archive your user name and system and user-generated feedback, including the comments you submit and that others submit about you.
If you send us personal correspondence, such as emails or letters, or if third parties such as other users send us correspondence about your activities or postings on the site, we may collect such information into a file with information specific to you. We use this information to support your customer inquiries, settle disputes, enforce our User Agreement, maintain our customer ranking system, troubleshoot problems, and to identify you as eligible for special user campaigns.
On rare occasions, we may look across multiple users to identify problems, resolve disputes, and evaluate you for multiple user names. We may share, market or lease any personally identifiable information about you to any third party. If you choose to use the outside and optional services available on the petstoAgoodhome.com site, we may provide some of your personally identifiable information to these service providers. However, you can avoid these disclosures by choosing to not use these services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. As an example, without limiting the foregoing, petstoAgoodhome.com will provide personal data records if required by the order of any court of competent jurisdiction. We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal and may expose us to legal liability.
In the event we sell or buy assets, user and/or customer information may be one of the transferred business assets. In the event we are acquired, user and/or customer information will be one of the transferred assets.
In order to facilitate community, our service allows you to access other users' personal information, such as (but not limited to) contact information, name, email address and phone/fax numbers. By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information, you obtain through the Site or through a petstoAgoodhome.com related communication or petstoAgoodhome.com facilitated transaction, petstoAgoodhome.com hereby grants you license to use such information only for: petstoAgoodhome.com related communications that are not unsolicited commercial messages, and any use that such user expressly opts into after adequate disclosure of the purpose(s). Additionally, under no circumstances, except those defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different information access rights.
petstoAgoodhome.com and its users will not tolerate any spam. Without limiting the foregoing, you are not licensed to add any petstoAgoodhome.com user, even one with whom you have transacted, to your mail (email or physical) or phone list without their express consent after adequate disclosure.
The terms applicable to the Send this ad to a friend service apply to your use of that service. Without limiting the foregoing, you are not allowed to use this service to send spam. We do not use the email address you enter for any purpose other than to send your email. We do not rent or sell these email addresses. After we have generated your requested message, we generally discard the email addresses at some point.
Except as specifically permitted by this section, you may not disclose your petstoAgoodhome.com password to any third parties nor share it with any third parties. If you lose control of your password, you will lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. The petstoAgoodhome.com staff will never ask you for your password. If you receive a request from anyone claiming to represent us, you should not reveal this information until you have checked with petstoAgoodhome.com.
petstoAgoodhome.com uses industry standard efforts to safeguard the confidentiality of your personally identifiable information. However, 'perfect security' does not exist on the Internet.
STILL HAVE QUESTIONS? Send an email to customer support.

User Agreement

Welcome to petstoAgoodhome.com.'s User Agreement ("Agreement".) This Agreement describes the terms and conditions applicable to your use of our services at the petstoAgoodhome.com web site. Throughout this Agreement, you are sometimes identified generally as "User," which is given as a pertinent description of any of the ways in which you are using our services at any particular time. By using the petstoAgoodhome.com web site you accept the terms and conditions of this Agreement and agree to be bound by them. If you do not accept these terms and conditions you should cease using the petstoAgoodhome.com web site. If you have any questions, please contact customer support.
We may amend this Agreement at any time by posting the amended terms on our site. The amendment shall automatically be effective 30 days after they are initially posted on our site, to govern only agreements for services accepted by you after such 30-day period. This Agreement may not be otherwise amended except in a writing signed by both parties.
To register with an account you must provide us with your legal name, and email address as well as other required information as noted on the registration page(s). The petstoAgoodhome.com web site operates a database of lost, found and adoptable pets and is considered a 'Neutral Exchange'. This site feature serves as a place for pet guardians to list pets and for others to locate these pets and to attempt to become guardians of pets listed. Pets are not being sold by petstoAgoodhome.com. petstoAgoodhome.com merely facilitates the transaction by which a guardian agrees to place a pet for adoption or to reunite lost pets. We do not control the actual transfer of the pet.
petstoAgoodhome.com may refuse services to anyone at anytime, at our sole discretion. Users using the sites services for reuniting pets, adopting pets, using information from the site or handling pets in any way, as a direct or indirect result of a listing, posting, or otherwise on the petstoAgoodhome.com web site, is doing so at their own risk.
petstoAgoodhome.com has absolutely no responsibility to investigate or determine whether Users are permitted to use the services of the site or to determine suitability of information on the petstoAgoodhome.com web site.
petstoAgoodhome.com assumes no liability for statements posted or provided by Users. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. We disclaim any responsibility or liability for claims of libel, slander or defamation arising from statements of Users posted or otherwise made available through our system.
petstoAgoodhome.com assumes no liability for interrupted access to services. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
As a condition of using our site, each User warrants and represents that User is an authorized contact and has sole and exclusive authority to authorize transfer of a pet.
Users agree to defend, indemnify and hold petstoAgoodhome.com harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees and court costs associated with any claim or action brought against petstoAgoodhome.com arising from the actions of such Users, including without limitation, for breach of any warranties or representations contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the posting, listing, transfer or handling of any pet in accordance with this Agreement, or any other provision of this Agreement or under the Privacy Policy.
In the event that you have a dispute with petstoAgoodhome.com, its agents and employees, another User or anyone using the petstoAgoodhome.com web site, you release petstoAgoodhome.com and its agents and employees from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
petstoAgoodhome.com reserves the right at its discretion to halt or suspend any posting, listing or other usage of the web site at any time. Listing and posting shall be in text with the option to post an image of the pet. Text and image must be suitable for placement on the petstoAgoodhome.com web site.
Without limiting any other remedies, petstoAgoodhome.com may suspend or terminate your account if you are found by investigation, or otherwise to have engaged in fraudulent activity in connection with our site.
You are responsible for the truth and accuracy of any information you provide publicly or privately to us or other Users during the registration, posting, listing or any participation in any public message area (including but not limited to chat, discussion forums, postings and listings) or through any email feature.
You are solely responsible for information you post, list or participate in on the petstoAgoodhome.com web site. We are merely a passive conduit for your online distribution and publication of your information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
Information you post, list or participate in shall not be fraudulent, shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene or contain any pornography or, if otherwise harmful to minors; shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not link directly or indirectly to any other site with the exception of sites intended to promote animal welfare; shall not contain any item that could cause us to violate any applicable law, statute, ordinance or regulation.
Solely to enable petstoAgoodhome.com to use information you post, list or participate in, without violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have, in any media now known or not currently known, with respect to information posted, listed or participated within or through petstoAgoodhome.com.
Our current privacy policy ("Privacy Policy"), is incorporated herein by reference, and petstoAgoodhome.com may only use your postings, listings, registration and any other information in accordance with our Privacy Policy.
No User shall receive any right, license or permission to use or reproduce any of the petstoAgoodhome.com marks, copyrights or other intellectual property rights nor to link to any of the petstoAgoodhome.com web pages without express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the petstoAgoodhome.com site, or any action being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third parties to use your password for any unauthorized purpose.
No Warranty. USE OF THE PETSTOAGOODHOME.COM WEBSITE AND OUR SERVICES ARE FURNISHED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WHATSOEVER INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. petstoAgoodhome.com reserves the right to refuse web site usage to any person, at any time, and for any reason. We also reserve the right to refuse posting of any pet.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES, IS LIMITED TO ONE HUNDERED DOLLARS ($100). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your posting, listing and participation in any form on or through our web site.
You and petstoAgoodhome.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to our notices department (in the case of petstoAgoodhome.com), or to the email address you provide on any petstoAgoodhome.com registration form (in your case), or such other address as either party shall specify by notice to the other at above addresses. Notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or not received. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the postal address provided on the Form. In such case, notice shall be deemed given five days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Redwood City, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or petstoAgoodhome.com may seek any interim or preliminary relief from a court of competent jurisdiction in Redwood City, California necessary to protect the rights or property of you or petstoAgoodhome.com, pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
User Agreement: Welcome to petstoAgoodhome.com.'s User Agreement ("Agreement".) This Agreement describes the terms and conditions applicable to your use of our services at the petstoAgoodhome.com web site. Throughout this Agreement, you are sometimes identified generally as "User," which is given as a pertinent description of any of the ways in which you are using our services at any particular time. By using the petstoAgoodhome.com web site you accept the terms and conditions of this Agreement and agree to be bound by them. If you do not accept these terms and conditions you should cease using the petstoAgoodhome.com web site. If you have any questions, please contact customer support.
We may amend this Agreement at any time by posting the amended terms on our site. The amendment shall automatically be effective 30 days after they are initially posted on our site, to govern only agreements for services accepted by you after such 30-day period. This Agreement may not be otherwise amended except in a writing signed by both parties.
To register with an account you must provide us with your legal name, and email address as well as other required information as noted on the registration page(s). The petstoAgoodhome.com web site operates a database of lost, found and adoptable pets and is considered a 'Neutral Exchange'. This site feature serves as a place for pet guardians to list pets and for others to locate these pets and to attempt to become guardians of pets listed. Pets are not being sold by petstoAgoodhome.com. petstoAgoodhome.com merely facilitates the transaction by which a guardian agrees to place a pet for adoption or to reunite lost pets. We do not control the actual transfer of the pet.
petstoAgoodhome.com may refuse services to anyone at anytime, at our sole discretion. Users using the sites services for reuniting pets, adopting pets, using information from the site or handling pets in any way, as a direct or indirect result of a listing, posting, or otherwise on the petstoAgoodhome.com web site, is doing so at their own risk.
petstoAgoodhome.com has absolutely no responsibility to investigate or determine whether Users are permitted to use the services of the site or to determine suitability of information on the petstoAgoodhome.com web site.
petstoAgoodhome.com assumes no liability for statements posted or provided by Users. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. We disclaim any responsibility or liability for claims of libel, slander or defamation arising from statements of Users posted or otherwise made available through our system.
petstoAgoodhome.com assumes no liability for interrupted access to services. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
As a condition of using our site, each User warrants and represents that User is an authorized contact and has sole and exclusive authority to authorize transfer of a pet.
Users agree to defend, indemnify and hold petstoAgoodhome.com harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees and court costs associated with any claim or action brought against petstoAgoodhome.com arising from the actions of such Users, including without limitation, for breach of any warranties or representations contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the posting, listing, transfer or handling of any pet in accordance with this Agreement, or any other provision of this Agreement or under the Privacy Policy.
In the event that you have a dispute with petstoAgoodhome.com, its agents and employees, another User or anyone using the petstoAgoodhome.com web site, you release petstoAgoodhome.com and its agents and employees from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
petstoAgoodhome.com reserves the right at its discretion to halt or suspend any posting, listing or other usage of the web site at any time. Listing and posting shall be in text with the option to post an image of the pet. Text and image must be suitable for placement on the petstoAgoodhome.com web site.
Without limiting any other remedies, petstoAgoodhome.com may suspend or terminate your account if you are found by investigation, or otherwise to have engaged in fraudulent activity in connection with our site.
You are responsible for the truth and accuracy of any information you provide publicly or privately to us or other Users during the registration, posting, listing or any participation in any public message area (including but not limited to chat, discussion forums, postings and listings) or through any email feature.
You are solely responsible for information you post, list or participate in on the petstoAgoodhome.com web site. We are merely a passive conduit for your online distribution and publication of your information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
Information you post, list or participate in shall not be fraudulent, shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene or contain any pornography or, if otherwise harmful to minors; shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not link directly or indirectly to any other site with the exception of sites intended to promote animal welfare; shall not contain any item that could cause us to violate any applicable law, statute, ordinance or regulation.
Solely to enable petstoAgoodhome.com to use information you post, list or participate in, without violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have, in any media now known or not currently known, with respect to information posted, listed or participated within or through petstoAgoodhome.com.
Our current privacy policy ("Privacy Policy"), is incorporated herein by reference, and petstoAgoodhome.com may only use your postings, listings, registration and any other information in accordance with our Privacy Policy.
No User shall receive any right, license or permission to use or reproduce any of the petstoAgoodhome.com marks, copyrights or other intellectual property rights nor to link to any of the petstoAgoodhome.com web pages without express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the petstoAgoodhome.com site, or any action being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third parties to use your password for any unauthorized purpose.
No Warranty. USE OF THE PETSTOAGOODHOME.COM WEBSITE AND OUR SERVICES ARE FURNISHED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WHATSOEVER INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. petstoAgoodhome.com reserves the right to refuse web site usage to any person, at any time, and for any reason. We also reserve the right to refuse posting of any pet.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES, IS LIMITED TO ONE HUNDERED DOLLARS ($100). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your posting, listing and participation in any form on or through our web site.
You and petstoAgoodhome.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to our notices department (in the case of petstoAgoodhome.com), or to the email address you provide on any petstoAgoodhome.com registration form (in your case), or such other address as either party shall specify by notice to the other at above addresses. Notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or not received. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the postal address provided on the Form. In such case, notice shall be deemed given five days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Redwood City, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or petstoAgoodhome.com may seek any interim or preliminary relief from a court of competent jurisdiction in Redwood City, California necessary to protect the rights or property of you or petstoAgoodhome.com, pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

July 30, 2010

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