The
following are the Terms of Services ("TOS") that govern the
use of the www.ticketleap.com
website ("Site"). Ticketleap, Inc., a Delaware
corporation, with a principal place of business at 1700 Sansom
Street, 6th Floor, Philadelphia, PA 19103 ("Company,"
"Ticketleap," "We," "Us," or "Our"
) provides You, the user of the Site ("You" or "Your"),
access to and use of the Site subject to the TOS. We reserve the
right to update the TOS from time-to-time at Our sole discretion.
You hereby agree as follows:
BY USING THIS SITE, YOU
REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TOS, THE PRIVACY
POLICY AND, AS APPLICABLE, THE PURCHASING AGREEMENT AND/OR THE
TICKETING SERVICES AGREEMENT (COLLECTIVELY, THE "USER
AGREEMENTS"), EACH OF WHICH ARE HEREBY INCORPORATED BY
REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF
THE TERMS AND CONDITIONS CONTAINED THEREIN. THE TOS SHALL HAVE THE
SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING
THIS SITE. ANY VIOLATION OF THE TOS CAN RESULT IN ACTIONS BY US
INCLUDING, BUT NOT LIMITED TO, TERMINATION OF YOUR ACCESS AND RIGHT
TO USE THE SITE, CANCELLATION OF YOUR TICKET ORDER, AND/OR REMOVAL OF
YOUR EVENT LISTING.
THESE TOS WERE LAST
UPDATED ON JULY 7, 2009.
License
Subject to the terms
and conditions set forth in the User Agreements and Your compliance
with their terms, We agree to provide You with access and use of Our
Site while you are in compliance with the User Agreements and all
other terms and conditions described for use of the Site. There is
no fee paid by You for access, although We charge purchasers and
sellers, which You may be, for Our ticketing services that We provide
pursuant to Our Purchasing Agreement and Ticketing Services
Agreement. Your access to the Site is provided pursuant to a free,
limited, non-exclusive, and revocable license provided by Us.
Accessibility
You understand and
agree that the Site may, at times, be inaccessible or inoperable for
any reason, including, but not limited to: (i) equipment or
communications malfunctions; (ii) periodic maintenance, repairs, or
administrative reviews which We may undertake from time-to-time; or
(iii) causes beyond Our control or which are not reasonably
foreseeable by Us. Our Site is offered as-is, and as-available.
While We will make efforts to maintain the Site, We have no control
over Your ability to access the Site at any particular time and We
are not responsible for any limitation of services due to technical
difficulties beyond Our control, including any interruption of
service in providing the Site.
Equipment
You shall be solely
responsible for providing, maintaining, and ensuring compatibility
with the Site, all hardware, software, electrical, and other physical
requirements for Your use of Our Site, including, but not limited to,
telecommunications and internet access connections and links, web
browsers or other equipment, and programs or services required to
access and use the Site.
Proprietary Rights
All or portions of this
Site are proprietary to Us and are protected by intellectual property
laws and/or treaties, including, but not limited to, copyright,
trademark, service mark, and patent laws. You agree to use this Site
for Your own personal use only and shall not copy, duplicate,
display, transmit, distribute, modify, or prepare derivative works
for any other purpose unless We give You express written permission
to do so. The User Agreements do not constitute any general license
to You to use any of Our copyrights or trademarks with the sole
exception of on-screen viewing. Our trademarks include but are not
limited to the TICKETLEAP and Frog Design trademarks.
No Redistribution or
Resale
You agree not to
reproduce, duplicate, copy, sell, resell, lease, distribute,
redistribute, publish, modify or exploit for any commercial purposes,
any portion of the Site, its use, or any access to it. You agree
that You are only authorized to visit, view and to retain a copy of
pages of this Site for Your own personal use.
No Interference
You agree that You
shall not use, implement, or employ, or directly or indirectly aid,
encourage, or solicit anyone else from using, implementing, or
employing any automated or manual device, process, or program (e.g.
robot, spider, spyware, etc.) designed to monitor, observe, track,
gather, copy, or transmit any of the content or user information
contained on Our Site without Our express written permission. You
further agree that You shall not use, implement, or employ, or
directly or indirectly aid, encourage, or solicit anyone else from
using, implementing, or employing any automated or manual device,
process, or program that interferes or attempts to interfere with the
operation of Our Site.
Linking and Framing
Our Site may also
provide links to other websites. These links are not intended to
imply sponsorship, affiliation, or endorsement. We do not exercise
any control over these other websites. We are not responsible or
liable, either directly or indirectly, for the availability or
accessibility of these other websites, any transmissions initiated by
or between You and the other website, any of the content posted on
the other website, or Your reliance upon such content.
User Submitted
Content
By
submitting any and all postings, messages, text, files,
images, photos, video, sounds, or other materials posted on,
transmitted through, and available through the Site ("Content")
to be used on the Site, You agree
that We may use Your name, voice, or image and any quotes
attributable to You, and any such photos, videos, or audio recordings
of or by You as described herein. You grant the rights hereunder
whether or not Your name, voice, or image, or any quotes attributable
to You are used in any manner by Ticketleap and We reserves the right
in Our sole discretion NOT to use any submitted content.
You grant these rights to Ticketleap worldwide, irrevocably,
royalty-free, with the perpetual right and license to copy,
reproduce, modify, edit, make derivative works, distribute, publish
(publicly or otherwise), display, link to, and otherwise use the
Content in any media for any purpose including but not limited to
publication on the Site, advertising, and other commercial uses in
connection with the Site. You waive all rights related to Our
use and release, discharge and hold harmless Ticketleap, its
officers, directors, employees, agents, contractors, successors and
assigns from any claims, causes of action, damages, costs or expenses
of any sort arising out of or connected with the use of Your name,
voice, or image, or any quotes attributable to You. You
further understand and agree that online visitors to the Site may
view the Content and may comment on the Content as they see fit such
as in (but not limited to) contests or polls. In
addition and by submitting Content: (i) You understand and agree
that the Content may be cropped, edited, electronically manipulated
or otherwise altered for use in the Site, without further consent or
approval, and that whether or how the Content is used in the Site is
entirely within Our sole discretion; (ii) You certify that You are
the original author (or have a written assignment of all rights from
the author) of the submitted Content, You are the sole copyright
owner of the Content, You are the only person depicted in the
Content, and You have complete authority to grant to Us the rights
stated herein; and (iii) You understand and agree that all Content is
subject to review and editing by Us prior to any posting or use by
Ticketleap. You further acknowledge that We reserve the right to
remove any Content from the Site at any time and for any reason at
Our sole discretion.
Grant of Likeness
You grant permission to
Ticketleap to utilize your name, image, likeness, acts, poses, plays,
appearance, movements, and statements in any live or recorded audio,
video, or photographic display or other transmission, exhibition,
publication or reproduction made of, or at, an Event (regardless of
whether before, during or after such Event) for any purpose, in any
manner, in any medium or context now known or hereafter developed,
without further authorization from, or compensation to, You or anyone
acting on Your behalf.
Unacceptable Uses
You are solely
responsible for any and all acts and omissions that occur while You
use this Site, and You agree not to engage in unacceptable use of the
Site, which includes, but is not limited to, use of the Site to: (i)
disseminate, store or transmit unsolicited messages, chain letters,
or unsolicited commercial e-mail (also known as "spam");
(ii) disseminate or transmit material that, to a reasonable person,
may be abusive, obscene, pornographic, defamatory, harassing, grossly
offensive, vulgar, threatening, or malicious; (iii) disseminate,
store, or transmit files, graphics, software, material, or other
content that actually or potentially infringes the copyright,
trademark, patent, trade secret, intellectual property rights, or
rights of privacy or publicity of any person or instruct any person
how to do so; (iv) create a false identity or to otherwise attempt to
mislead any person as to the identity or origin of any communication;
(v) impersonate any person or entity, including, but not limited to,
a Ticketleap employee or agent; (vi) export, re-export or permit
downloading of any message or content in violation of any export or
import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses
or exemptions; (vii) interfere, disrupt, or attempt to gain
unauthorized access to other passwords or accounts on the Site or any
other computer network; (viii) disseminate, store or transmit
viruses, trojan horses, or any other malicious code or program; (ix)
harm minors in any way; (x) solicit personal information from anyone
under eighteen (18) years of age; (xi) solicit confidential
information; (xii) interfere with or disrupt the Site or the servers
or network connected to provide service to the Site; (m) provide
instructional information about illegal or unlawful activities (xiii)
"stalk" or otherwise harass another person; (xiv)
intentionally or unintentionally violate any applicable local, state,
national or international law; (xv) engage in outside commercial or
business activities without Our express written consent; and/or (xvi)
engage in any other activity deemed by Us, in Our sole discretion, to
be unacceptable when using this Site or in conflict with the spirit
or intent of the User Agreements. Any violation of this section can
result in termination of Your account and/or license to use this Site
and any ticket orders and/or Event listings that You place with Us,
as well as other legal action. We will not routinely attempt to
match Your personally identifiable information to Your usage of the
Site or to other information in our possession. However, in
instances where We, in Our sole discretion, suspect or determine that
the Site is being used for any unacceptable, inappropriate, or
illegal purposes, personally identifiable information relating to
Your use of this Site may be disclosed to other parties as We deem
appropriate. Such information may also be disclosed pursuant to any
authorized law enforcement investigation, regardless of whether it
was initiated by Us or by another party.
Commercial Use
No
bulletin board, chat or other areas of this Site may be used by Our
visitors for any commercial purposes not associated with Ticketleap
Events and transactions . You must obtain Our prior written consent
to make commercial offers of any kind, whether by advertising,
solicitations, links, or any other form of communication. You
may not transmit any chain letters or junk email to others.
Content Posted on
the Site
All Content is the sole
responsibility of the person from whom such Content originated.
Ticketleap does not control, and is not responsible for
user-submitted Content and that by using the Site, You may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the Site may contain
links to other websites, which are completely independent of
Ticketleap. We make no representation or warranty as to the
accuracy, completeness or authenticity of the information contained
in any linked Site. Likewise, Ticketleap makes no
representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such Content posted
on, transmitted through, and available through the Site. Users
of the Site bear all risks associated with, the use and/or reliance
upon any Content, and/or the representations made therein, and under
no circumstances will Ticketleap be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the
Site. You acknowledge that Ticketleap does not pre-screen or
approve Content prior to posting. Ticketleap makes no
representations and/or warranties to any of the claims made in any
posting on reviews and comments, personal profile, listings,
postings, descriptions, messages, group discussions, guides, and
message boards or otherwise of any Content, by any user. And
further, as to Content: (i) You understand and agree that Ticketleap
may review and delete any Content that in the sole judgment of
Ticketleap violates this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the
safety of others; (ii) You are solely responsible for the Content
that You publish or display; and (iii) by posting Content to any
public area of the Site, You automatically grant, and You represent
and warrant that You have the right to grant, to Ticketleap an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license
to use, copy, perform, display, and distribute such information and
content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize
sublicenses of the foregoing. Ticketleap reserves the right to
investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without
limitation, removing the offending communication from the Site and
terminating the membership of such violators. The following is a
partial list of the kind of Content that is illegal or prohibited on
the Site: Content that (a) is patently offensive to the online
community, such as Content that promotes racism, bigotry , hatred or
physical harm of any kind against any group or individual; (b)
harasses or advocates harassment of another person; (c) involves
the transmission of “junk mail”, “chain letters,”
or unsolicited mass mailing or “spamming”; (d) promotes
information that You know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; (e) promotes an illegal or unauthorized copy
of another person’s copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files; (f) contains
restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page); (g) displays
pornographic or sexually explicit material of any kind; (h) provides
material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under
18; (i) provides instructional information about illegal
activities such as making or buying illegal weapons, violating
someone’s privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; (k) engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid
schemes; or (l) post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure.
Even though all of this is strictly prohibited, there is a small
chance that You might become exposed to such items and You further
waive Your right to any damages (from any party) related to such
exposure.
Digital Millennium
Copyright Act Compliance
It
is Our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act. If You believe
that a work protected by a U.S. copyright which You own has been
posted or stored on Our Site without Your authorization, You may
contact Our agent as follows: Via United States mail, at the address
listed above; via e-mail, at legal@ticketleap.com;
or via fax, at (215) 564-2718. Please include information sufficient
to identify the work, its location on Our Site, when you accessed it,
and Your copyright information. It is Our policy to terminate, in
appropriate circumstances, the access rights to Our Site of repeat
infringers.
Privacy
Your information is
collected and utilized pursuant to Our Privacy Policy, incorporated
by reference herein. We do not knowingly collect information from
children. This Site is intended for use by adults only.
Representations and
Warranties
You represent and
warrant the following: (i) You are over eighteen (18) years of age;
(ii) You have the right, power, and authority to enter into and
perform the User Agreements; (iii) You are not buying tickets
specifically for resale and are not a re-seller, wholesaler, or bulk
purchaser of tickets; (iv) You will not use Our service or Site for
any unacceptable uses, as partially listed in the paragraph titled
“Unacceptable Uses”; (iv) You will not use Our Site or
service to violate any federal, state, and/or local law; (v) You will
only use Our Site or service to transmit and disseminate information
reasonably related to Your ticket purchase and/or Event information;
and (vi) the information you provide, including but not limited to
all information concerning your name, address, credit card number,
and other identifying information of any nature will be true,
complete and correct, and that you will update all information as it
changes.
Disclaimer of
Warranties
THE SITE, ITS CONTENT
AND THE TICKETLEAP SERVICE IS PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT
YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE
SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS;
(iii) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR
ERROR-FREE; AND/OR (iv) THAT ANY INFORMATION OR MATERIAL OBTAINED
FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM
VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE
OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR
ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENTS. TICKETLEAP
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. TICKETLEAP MAKES NO
GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC
RESULT FROM USE OF THIS SITE OR USE OF THE TICKETLEAP SERVICE.
TICKETLEAP IS NOT
RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF
ANY EVENT, VENUE, PROMOTER, PERFORMER OR OTHER THIRD PARTY IN
CONNECTION WITH ANY ACTIVITY AT THE EVENT.
Limitation of
Liability
UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR
TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES FOR
ANY MATTER ARISING FROM OR RELATING TO THE USER AGREEMENTS, THE SITE
OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO:
(i) YOUR USE OR INABILITY TO USE THE SITE; (ii) ANY CHANGES TO OR
INACCESSIBILITY OF THE SITE; (iii) ANY DELAY, FAILURE, UNAUTHORIZED
ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (iv) ANY
CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR
RECEIVED; (v) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR
THROUGH THE SITE; AND (vi) ANY PROBLEMS OR DIFFICULTIES THAT ARISE
PERTAINING TO THE ISSUANCE OR PROCESSING OF TICKETS OR WITH THE EVENT
ITSELF, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF TICKETLEAP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE LIMITED TO THE TOTAL SERVICE CHARGES PAID
BY YOU TO US FOR, AS APPLICABLE, YOUR MOST RECENT TICKET PURCHASE OR
EVENT, AND SHALL NOT EXCEED THAT AMOUNT.
Indemnification
You agree to indemnify,
hold harmless, and defend Us, Our shareholders, directors, officers,
employees, and agents from and against any action, cause, claim,
damage, debt, demand or liability, including reasonable costs and
attorney's fees, asserted by any person, arising out of or relating
to: (i) the User Agreements and/or any breach by You thereof; (ii)
Your use of the Site, including any data, content, or material
transmitted or received by You; (iii) any unacceptable or
objectionable use of the Site, as we determine in Our sole
discretion; (iv) any negligent or willful misconduct by You; and (v)
as otherwise provided in the User Agreements.
Termination
We may terminate your
right to access this Site at any time and without notice, in Our sole
discretion.
Independent
Contractors
Ticketleap and You are
and shall be independent contractors and neither party by virtue of
the User Agreements shall have any right, power, or authority to act
or create any obligation, express or implied, on behalf of the other.
Compliance with Laws
The sale or purchase of
tickets to Events may be regulated by certain state, county and city
laws or regulations. This Site is further subject to United States
export controls. You acknowledge that complying with laws is Your
responsibility, and You agree not to hold Us liable for Your failure
to comply with any law or Our failure to notify You of any law.
International Users
This Site is
controlled, operated and administered by Us within the United States.
We make no representation that materials on the Site are appropriate
or available for use at other locations outside of the United States
and access to them from territories where the contents or products
available through the Site are illegal is prohibited. If You access
this Site from a location outside of the United States, You are
responsible for compliance with all local laws and regulations.
Governing Law and
Forum
The User Agreements are
made in, and shall be governed by, the laws of the Commonwealth of
Pennsylvania, excluding its conflicts-of-law provisions. All
actions, claims, or disputes arising under or relating to the User
Agreements shall be brought in the federal or state courts of
Philadelphia, Pennsylvania. You irrevocably submit and consent to
the exercise of subject matter jurisdiction and personal jurisdiction
over you by the federal and/or state courts in Pennsylvania. You
hereby irrevocably waive any and all objections which You may now or
hereafter have to the exercise of personal and subject matter
jurisdiction by the federal or state courts in Pennsylvania and to
the venue of any such suit, action, or proceeding brought in any
federal or state court in Philadelphia, Pennsylvania.
Remedies
In order to avoid
irreparable injury to Us, in the event of any breach or threatened
breach by You of the provisions of the User Agreements, We shall be
entitled to an injunction and/or other equitable relief restraining
such breach. Nothing in the User Agreements shall be construed as
prohibiting Us from pursuing any other remedies available to Us for
such breach or threatened breach, including the recovery of monetary
damages from You. You understand and agree that in Ticketleap’s
sole discretion, and without prior notice, Ticketleap may terminate
and block Your access to the Site or to its services.
Survivability
The respective rights
and obligations of the parties under the paragraphs titled
“Representations and Warranties” (in the TOS and the
Ticketing Services Agreement), “Disclaimer of Warranties,”
“Limitation of Liability,” “Indemnification,”
and “Governing Law and Forum” and as otherwise provided
in the User Agreements, shall survive any termination or expiration
of the User Agreements.
Integration and
Conflicting Terms
The User Agreements
constitute the complete and exclusive statement and agreement between
Ticketleap and You with respect to use of this Site and the User
Agreements supersede any and all prior or contemporaneous
communications, representations, statements, agreements, and
understandings, whether in oral, written, or electronic form, between
You and Us concerning the use of the Site and Our service. The terms
of the TOS and, as applicable, the terms of the Purchasing Agreement
and/or Ticketing Services Agreement shall be construed as consistent
with each other whenever possible, but if such construction is
unreasonable due to conflicting terms, the terms of the Purchasing
Agreement and/or the Ticketing Services Agreement shall control.
Notice
Except as provided
herein, all notices relating to the Site, Your use thereof, and/or
the User Agreements sent by either party shall deemed to be delivered
when sent via e-mail to the other party's last known e-mail address.
Waiver
No waiver of any term,
provision or condition of the User Agreements, whether by conduct or
otherwise, in any one or more instances, shall be deemed to be, or
shall constitute, a waiver of any other term, provision or condition
of the User Agreements, whether or not similar, nor shall such waiver
constitute a continuing waiver of any such term, provision or
condition of the User Agreements. No waiver shall be binding unless
executed in writing by the party making the waiver.
Modification and
Amendment
We have the right, at
any time and without notice, to add or modify the terms of the User
Agreements. Your access to or use of the Site after the date such
amended terms are added shall be deemed to constitute acceptance of
such amended terms. No modification made by You shall be binding
upon Us unless it is made in writing and signed by Us.
Force Majeure
If the performance of
any part of the User Agreements by either party is prevented,
hindered, delayed, or otherwise made impracticable by reason of any
flood, riot, fire, judicial or governmental action, labor disputes,
act of God, or any other causes beyond the control of either party,
that party shall be excused to the extent that it is prevented,
hindered, or delayed by such causes.
Severability
If any one or more of
the provisions contained in the User Agreements shall for any reason
be found to be invalid, illegal, or unenforceable in any respect,
said finding shall not affect the remaining provisions of the User
Agreements, which shall be enforceable to the fullest extent
permitted by law.
No Assignment or
Delegation
No rights, obligations,
or duties under the User Agreements shall be assigned or delegated by
You. Any such attempted assignment or delegation shall be void and
of no effect.
Successors and
Assigns
Except as otherwise
expressly provided in the User Agreements, the User Agreements shall
inure to the benefit of and be binding upon both parties, their
successors, assigns, heirs, executors, administrators, and legal
representatives.
Further Assurances
You agree to execute
and deliver any additional documents and instruments and perform any
additional acts, in a reasonable period of time, that may be
appropriate or necessary to perform and effectuate the provisions of
the User Agreements.
Headings and Order
The headings and
sequential order of the paragraphs and sections contained in the User
Agreements are for convenience or reference only and shall have no
substantive or procedural effects in construing the provisions of the
User Agreements.