This page contains information about LILIAS ACTIVE LIMITED of address 86-90 Paul Street, London, Greater London, EC2A 4NE (“we”, “our” and/or “us”), and the terms and conditions (the "Terms") under which we sell products, in accordance with section 2.1 below ("Products") through our website ("our site") to you. These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Before using our site, please read these Terms and Conditions carefully and make sure that you understand them.
Please note that by using our site you agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you must not use our site.
We may amend these Terms and Conditions, from time to time, as set out below.
If there is any discrepancy between the terms of this document in any other language and the English translated version of this document, the terms of the English version shall prevail.
1. INFORMATION ABOUT US
1.1 We are Lilias Active Limited, a company registered in the United Kingdom and with our registered office in 86-90 Paul Street, London, Greater London, EC2A 4NE.
1.2 Contacting us
1.2.1 If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at our Customer Service Email Address: firstname.lastname@example.org or by phone at our Customer Service number: (763)-762-7545
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 By placing an order with us, through our site, you acknowledge that your transaction will be with us. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provided. We will be responsible for fulfilling the order to you.
2.2 The process of placing an order on our website
Find the product(s) you want on our website
Select the size you require and press ‘Add to Basket’
Once you’ve added all of the items you require to your basket, select checkout option
You will be asked to input your delivery & billing details
Review your order to ensure all items & details are correct
Press ‘Place Order’
Remember to check your basket and delivery information to ensure your order is correct before pressing the ‘Place Your Order’ button, as we may not be able to amend your order once it has been submitted.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email.
2.4 We will send you an e-mail that confirms that the Item(s) have been dispatched ("Dispatch Confirmation").
2.5 If we are unable to supply you with an Item, for example because that Item is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Item(s), we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
2.6 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you.
2.7 Please note that any Product made available through our site is intended for non-commercial use, and the purchase of any Product for resale purposes is strictly prohibited.
2.8 By placing an order or making a payment through our site, you warrant that you are legally capable of entering into a binding contract. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the necessary description. You warrant that all the information provided to us, for the purpose of processing payments, is correct and you are authorised to use the proffered payment method.
2.9 Prices: The product prices displayed on the website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered.
2.10 prices may vary across stores: Conversion rates may apply.
2.11 price changes: We reserve the right to change the price of a product at any time without any forewarning. Any orders placed prior to this change cannot be amended to the revised price.
All orders made on our website are dispatched from the UK. We aim to get all orders out on the same day; however, due to volumes this is not always possible. Tracking numbers, if applicable, are included in dispatch confirmation emails.
3.2 We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites are unavailable at any time or for any period.
3.5 We may update our site from time to time and may change the content at any time.
3.6 Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole site, at our discretion.
3.7 The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.8 You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorised access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.
3.10 We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.
4. WHAT YOU AUTHORISE US TO DO
4.2 We may, at any time, require you to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.
5. SHIPPING AND DELIVERY
5.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an Event Outside of Our Control. See section 8 for our responsibilities when this happens.
5.2 If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact us on email@example.com.
5.3 Delivery of an order shall be completed when we deliver the Product(s) to the address you gave us.
5.4 Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) because of inaccurate information provided by you then you are responsible for such breach.
5.5 Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
6. RETURNS AND CANCELLATION RIGHTS
6.1 Details on how you can cancel your order or return your Products (where permissible), including the address to which Products must be returned, will be provided on the returns portal, (the “Return Merchandise Portal”).
6.2 Returns must only be sent to the address indicated on the Return Merchandise Portal. These details will be provided with the delivery package containing your order or in the Dispatch Confirmation email (which will contain a link to the Return Merchandise Portal).
6.3 Returned Products must be in same condition with the original tags attached and must be accompanied. All returned Products are sent at your own risk. If you have received a return label, you must use the return label provided to you via the Return Merchandise Portal.
6.4 All refunds are subject to inspection and verification within our return centres. If the returned Products are not fully resalable or the packaging is damaged, we reserve the right to refuse a refund.
6.5 Only in cases where the details of the returned Products have been provided within the Return Merchandise Portal will we reimburse you.
6.6 You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed. The refund will be processed as soon as practicable but within ten (10) working days of the Product arriving at the return centre in a perfect resalable condition.
6.7 Deductions may be made from refunds where such returned Products are returned in an unacceptable condition.
6.8 We acknowledge that any Products returned on the basis of being faulty shall not be subject to this section and no provisions within these Terms shall affect your statutory consumer rights.
6.9 Certain goods may not be suitable for return. In the event that a Product is not suitable for return, please refer to your order confirmation email and you will be advised as to how your refund may be processed in accordance with the policies and procedures set out therein.
7. PRODUCT WARRANTIES AND OUR LIABILITY
7.1 Any warranty-related issues arising in respect of a Product should be communicated to the respective retailer's customer support team. In these circumstances, we will provide a refund or replace the product as appropriate and solely upon instruction from the retailer.
7.2 ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE RETAILER. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
7.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
7.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
7.4.1 use of, or inability to use, our site; or
7.4.2 use of or reliance on any content displayed on our site.
7.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
7.6 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside our Control. An Event Outside our Control is defined below, in section 8.2.
8.2 An "Event Outside our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside our Control takes place that affects the performance of our obligations under a Contract:
8.3.1 you will be contacted as soon as reasonably possible to notify you; and
8.3.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside our Control is over.
8.3.3 you may cancel a Contract affected by an Event Outside our Control which has continued for more than 30 days from the date of order. To cancel, please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where applicable and in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).
9.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
10.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.
11. ONLINE DISPUTE RESOLUTION
11.1 The EU ODR (Online Dispute Resolution for Consumer Disputes) Regulations 2015 require all traders established in the European Union, who engage in online sales or services contracts, and all online marketplaces established within the European Union to provide:
11.1.1 an electronic link to the ODR Platform which is available at http://ec.europa.eu/consumers/odr/.
11.1.2 If you wish to contact us directly regarding your Online Dispute you can do so at firstname.lastname@example.org.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms and Conditions. These Terms and Conditions and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
12.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.7 Please note that these Terms and Conditions are governed by laws of England and Wales. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by laws of England and Wales. You and we both agree that the courts of Ireland will have nonexclusive jurisdiction over the dispute.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 LiliasActive owns all intellectual property rights in the website and in the material published on it. These works are protected by copyright laws worldwide.
13.2 Permission is granted temporarily to download one copy of the materials (information or software) on our web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:+
modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on LiliasActive's web site; remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
13.3 This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
14.1 Countries outside of the European Union may be subject to additional duties to be paid.
14.2 As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you reside in; payment of these is necessary to release your order from customs on arrival.
14.3 The final value of your order does not include any additional duties required. The carrier, prior to delivery, will inform you of the additional duties.
14.4 If you refuse to pay the duties to release your order, the order will subsequently be returned back to our warehouse and refunded. A shipping & handling fee may be deducted from your refund.
14.5 By law, we are required to state the correct amount paid for any outgoing international package. Any requests to change this information will be denied.
15. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in London, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which USliliasactive.com’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.