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My Moves Matter
App Terms & Conditions

Contents

About  

Scope of Terms & Conditions      

Terms & Conditions — In General             

Copyright and restrictions on Use of Materials

Creating a My Moves Matter account     

Cancellation of your paid services

Privacy 

Community Standards and Conduct Guidelines

Submissions

Parental or Guardian Permission

Third Party Products and Services             

Copyright Complaints    

Password and User Security        

Health Disclaimer            

Disclaimers of Warranties            

Limitation of Liability      

Indemnification

Governing Law and Choice of Forum       

Miscellaneous Terms      

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR MY MOVES MATTER MOBILE APP CAREFULLY.

About

My Moves Matter mobile App ( the “App”) is a self-care companion providing you with the knowledge, insights, support and community to empower you to live the life you want. It has been developed by women with Parkinson’s for women with Parkinson’s. Many women get dismissed around their Parkinson’s symptoms prior to diagnosis and for many, this continues subsequent to their diagnosis. You will be able to prove you are not ‘imagining’ things when your symptoms get worse before your menstrual period, or as you navigate peri-menopause or when your medications are changed. It will support you through life from menstrual, to pregnancy, to perimenopause, menopause and post menopause. You will learn what works for you and what doesn’t – from the timing of your medication, to the timing of your meals and exercise. You will be able to access support from experts in Parkinson’s and from your peers who are at the same stage as you. You will be able to share your learnings and insights with your health care providers so they can work with you to make the choices to live better with Parkinson’s. Self-care is about doing the things that make you feel more like yourself.

Please note that the content of the App is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within our content.  If you think you may have a medical emergency, speak to your doctor or contact the emergency services immediately.

By using our App, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this mobile App after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our mobile App and, if applicable, you should arrange to cancel your registered user account or subscription with us.

 

Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of the App which are owned or operated by My Moves Matter Ltd.

Terms & Conditions — In General

By using this App, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this Agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this App (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the App, including, but not limited to, (I) restricting the time the App is available, (II) restricting the amount of use permitted, and (III) restricting or terminating any user’s right to use the App. You agree that any termination or cancellation of your access to, or use of, the App may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our App immediately if the breach is serious, or after giving you reasonable notice if the breach is not serious. Further, you agree that we shall not be liable to you or any third- party for any termination or cancellation of your access to, or use of, our Apps. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the App to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

 

Copyright and restrictions on Use of Materials

All of the content that we make available within the App is subject to international intellectual property law unless otherwise indicated. The reproduction, processing, distribution and any form of commercial exploitation of the content, services and software requires our written consent.

The use of the services (and/or the provision of input information) does not give you any legal rights, titles or legal interests in our services or software. The service and software are protected by copyright law, trademark law, intellectual property rights and other applicable laws.

The App is a copyright protected software program. You as a user are granted a simple, non-exclusive, non-transferable and revocable right for personal use. You are not entitled to decompile, change or edit the App beyond the extent permissible by law. You are not permitted to lease, rent or otherwise transfer the App and/or its contents.

You acknowledge that this App contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the European Union copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.

Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this App. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other App or networked computer environment is strictly prohibited unless you receive our prior written consent.

The commercial use or retransmission of the App services is prohibited. In particular, you may not copy or publish any part of the App.

 

Creating an account

To use this App, you need to create an account. This requires an acceptance of these Terms & Conditions and consent to data processing under the terms of our Privacy Policy which can be found here https://www.mymovesmatter.com/app-privacy-notice, including all documents, declarations and consents included therein by reference. Furthermore, you will need to provide a username, email address, and a personalized password. In addition, you can provide other information as part of your onboarding, in order to personalize your experience from the start. Account creation is completed when you click on the link in the confirmation email sent to your email address, confirming your account.

When you create an account, you assure that all of the information you provide is correct and complete. We recommend that you secure your data as permitted by your device.

We are not obliged to confirm or accept user registrations, and may, at our own discretion, refuse to create an account that may interfere with our services. We may accept your registration or order by activating the relevant service, i.e. without making a specific written declaration.

You may not transfer your user account to third parties. You may only use the App for your own private purposes or for such other purposes as we explicitly agree to in writing (for example, if you are an academic researcher and we enter into a research collaboration agreement).

The App is only available via the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase within the App, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.

Any paid services provided via the App are generally available on a subscription basis. Therefore, you will be charged once in the duration period of your subscription (for instance per month or per year). Your subscription will automatically be renewed for an indefinite time at the end of your initial subscription period, unless we or you have cancelled your subscription or disabled auto-renewal or you have concluded a new contract with a new initial subscription period with us. In case of an indefinite subscription period after the end of your applicable initial subscription period, you may cancel your subscription with a notice period of at least 24 hours to the end of each subscription month.

If payment cannot be collected, we will be entitled to block access to the relevant paid services.

You agree to provide current, complete and accurate purchase and account information for all purchases made for paid services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of the our  services.

Cancellation of your services

You can cancel our free service at any time by contacting support@mymovesmatter.com.

For paid services, you have 14 days after purchasing to change your mind and cancel the specific service and receive a refund. If you access the services, or stream content during this 14 day period, you will lose this right. In order to exercise this right, please contact Member Support at the following email address: support@mymovesmatter.com to discuss your available refund options.

You may also have additional rights at law to terminate this contract and receive a refund or other remedies. Where you have a legal right to terminate this contract, please notify us of your termination by contacting Member Support at email support@mymovesmatter.com.

Otherwise, if you no longer wish to use the paid services, you may cancel your access with us by contacting Member Support at email support@mymovesmatter.com. If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed above.

 

Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy which can be found here https://www.mymovesmatter.com/app-privacy-notice.

 

Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this App. We do not control the Postings posted, emailed or otherwise transmitted on our App by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our App (as described below), you understand that by using this App, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this App. You agree not to use this App to:

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

  • Harm young people in any way, or solicit or otherwise attempt to gain any information from a minor;

  • Impersonate any person or entity, including, but not limited to any user of this App, a director, officer, employee, shareholder, agent or representative of My Moves Matter LTD, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with My Moves Matter, or our affiliates or any other person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this App;

  • Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;

  • Upload, post, email or otherwise transmit any Postings or other materials that contain 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;

  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this App;

  • Interfere with or disrupt this App or servers or networks connected to this App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;

  • Intentionally or unintentionally violate any applicable laws, including, but not limited to, any regulations having the force of law;

  • “Stalk” or otherwise harass another user or employee of this App; or

  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the App, including user names or passwords; or Access or attempt to access another user’s account without his or her consent.

Except as may otherwise be provided in our Privacy Policy, communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this App for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on our App, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our App, and we are not liable for any loss you incur in the event that Content you post or transmit to our App is removed.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this App any Content, (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available on our App for personal use. Subject to the foregoing, the owner of a Submission placed on this App retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Parental or Guardian Permission

Some of the Content on this App may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS APP. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before using this App. If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.

Third Party Products and Services

You may order services, merchandise or other products through our App from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. This includes all third party event entries. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions..

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our App (or any part thereof) who infringes the intellectual property rights of others. Copyright law provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under applicable copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us at support@mymovesmatter.com and include the following information:

  • a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;

  • identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this App are covered by a single notification, a representative list of such works);

  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our App;

  • your name, mailing address, telephone number and email address;

  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • a statement by you that the information in your notification is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

 

Password and User Security

If you are a registered user of this App, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

Health Disclaimer

Your acknowledgement that the information on or within this App is provided “as is” for general information only. This App provides information applications and content and is intended only to assist users in their personal management of Parkinson’s disease. My Moves Matter is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this App should be construed as such advice or diagnosis. The information and reports generated by the App should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before making any changes.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER MYMOVESMATTER.COM OR OUR APP, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS APP OR ANY FUNCTION CONTAINED IN THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVERS THAT MAKE THIS APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS APP IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER MYMOVESMATTER.COM OR THIS APP, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS APP; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS APP OR ANY APP OR APPS LINKED TO THIS APP, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS APP; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR APP; OR (F) ANY OTHER MATTER RELATING TO OUR APP. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR APP, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS APP. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend My Moves Matter and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of this App or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of Ireland.

Costumer Support

Should you require any help using the App, please email us at: support@mymovesmatter.com.

Note that the App requires one of the following devices:

  • Apple:  An Apple device running on iOS 10 and above. You will also need a minimum of 40 MB of spare storage space on your chosen device.

  • Android:  An Android device with internet access running Android v7.0 or above operating system.

We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.

We endeavor to ensure that the App operates without disruption and is available to the greatest extent possible, but we point out that complete and uninterrupted availability is not technically feasible. We therefore do not guarantee disruption-free operation or a specific level of availability. In particular, we may restrict access without providing reasons – in whole or in part, temporarily or permanently. In addition, no claims shall exist regarding the maintenance of individual functionalities of the App. We are entitled at any time to change or remove content, services and functionalities that are provided within the app and to make new content, services and functionalities available or to discontinue the App entirely; this includes pay walling all or certain services that were previously free of charge, as well as their partial or complete discontinuation.

Miscellaneous Terms

If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms & Conditions and the Subscription Agreement, the Subscription Agreement shall prevail. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this App, or by the written agreement of both parties. Each time you access this App, you will be deemed to have accepted any such changes.

Nothing in these terms is intended to or shall affect any mandatory rights you have under applicable law as a consumer, to the extent that excluding or limiting those rights is prohibited under applicable law.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

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