Sacred Transitions, Inc
TERMS AND CONDITIONS OF USE
1.1 Sacred Transitions, Inc, the “Company” offers certain services by way of its websites https://www.katedow.com and https://www.DrKate.CEO (collectively or individually, as the case may be, referred to as “the Website”)
1.2 – The user of the Website (“the User”) agrees that the usage of the website shall be subject to and based on the terms and conditions of use set out below (“these Terms”).
- ACCEPTANCE OF THESE TERMS
2.1 – By using the Website, the User signifies that the User has read, understood and agrees to these Terms and further agrees to comply therewith. In addition, in using any of the Company’s current or future services, the User will also be subject to Wilde’s guidelines, terms, conditions and agreements applicable to those services. If these Terms are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms will prevail.
2.2 – The Company’s shall, save for any provisions determining the primary contractual obligations of the User and as set the Company’s out hereunder, have the right at any time to change or amend these Terms or any part thereof, or to impose new terms. Such changes, modifications, additions or deletions shall be effective immediately upon the posting thereof on the Website. Any use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, amendments or additions.
- THE SERVICES
3.1 – Through the Website, and subject to these Terms, the Company grants the User a limited, non-exclusive, revocable, non-transferable, and non-sub licensable right to access a variety of free and premium information products, content and services relating to business, leadership and personal development, in the form of, but not limited to, written content, streaming or downloadable video and audio media, webinars, podcasts, live events, private coaching, group coaching and user driven content via various online resources, including download areas, member areas, communication forums, blogs, vlogs, social media platforms and product information pages (“the Services”).
3.2 – The Company reserves the right at any time to upgrade, modify, enhance, change, remove or discontinue any aspect or feature of the Website or the Services, including, but not limited to content, layout, products and services, pricing, user-created content, comments, posts, categories, tags, hours of availability, member levels, badges, trophies, rewards, discounts, coupons, and equipment needed for access or use.
3.3 – The Company reserves the right to deny the User access to the Website or any part of the Services if, in the Company’s sole discretion, the User has failed to comply with these Terms.
- THE EQUIPMENT
4.1 – Use of the website requires certain computer hardware and internet connection (“the Equipment”). The User shall be responsible for acquiring, installing, operating and maintaining the Equipment and for the costs thereof.
4.2 – The User acknowledges that the ability to use the Website may be affected by the Equipment, for which the User shall be solely responsible without recourse to the Company.
- RESTRICTIONS ON USE
5.1 – The User shall use the Website for lawful purposes only. The User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, racist or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Wilde’s express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that in Wilde’s discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. The User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, posting of affiliate links or the solicitation of users to become subscribers of other on-line information services competitive with the Company.
5.2 – The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, documents, software, icons, logos, images, models, programs, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the copyright laws of Mauritius and are subject to and protected by such laws, international copyright laws, treaties and conventions. Wilde owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, lease, rent, sub-license, distribute or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for User’s personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of Wilde and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, no content shall be modified, used in a manner which suggests an association with any of Wilde’s products, services or brands or downloaded so as to avoid future downloads from the Website. The User’s use of content from the Website on any other website or in any other computer environment is strictly prohibited. The User acknowledges that the User shall not acquire any ownership rights by downloading copyrighted material.
5.3 – The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, the User automatically grants, or warrants that the owner of such material has expressly granted Wilde the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other user to access, view, store or reproduce the material for that user’s personal use. The User hereby grants Wilde the right to edit, copy, publish and distribute any material made available on the Website by the User, except in so far as such material is uploaded or added to the Website by the User in a secure private chat room, private forum, or private member area reserved exclusively for the User and Coach or Mentor assigned by Wilde, wherein the right to edit, copy, publish and distribute such material shall be subject to the written approval of the User.
5.4 – Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names contained on the Website are proprietary to Wilde or its licensors or licensees, and may not be used in connection with any product or service that is not Wilde’s in any manner that is likely to cause confusion among users or that disparages or discredits Wilde or anyone else.
5.5 – The User shall not have the right to resell or make any commercial use of the Website or any of its content or collect and use any product listings, descriptions or prices or make any derivative use of the Website or the content thereof or download or copy account information for the benefit of anyone else or use any form of data mining, robots or similar data gathering and extraction tools. The User may not frame, or utilize framing techniques to enclose, any trademark, content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Wilde’s and each applicable owner’s express prior written consent. Any unauthorized use automatically terminates the license granted to the User hereunder. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink only to Wilde’s home page provided that the link does not portray Wilde or its licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive manner. The User may not use any of Wilde’s or any such party’s intellectual property as part of the link without Wilde’s and each such party’s express prior written consent.
5.6 – No right, title or interest in or to the Website or any content thereof, is transferred to the User, and all rights not expressly granted herein, are reserved by Wilde.
5.7 – The User promises, acknowledges, and agrees that access privileges may not be transferred to any third-parties and that it will not access, store, distribute or transmit any viruses or translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder.
5.8 – The provisions of this clause 5 are for the benefit of Wilde, its subsidiaries, affiliates and its third-party content providers, licensors and copyright holders and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- USE OF SERVICES
6.1 – The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the User to communicate with other users or the Company (each a “Communication Service” and collectively “Communication Services”). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Without limiting the generality thereof, the User agrees that when using the Communication Services, the User will not:
6.1.1 – Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
6.1.2 – Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
6.1.3 – Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, retaliatory or unlawful topic, name, material or information;
6.1.4 – Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents to do the same;
6.1.5 – Use any material or information, including images, videos or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
6.1.6 – Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website, another’s computer or property of another;
6.1.7 – Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically permits such messages, or unless express written approval is granted by Wilde;
6.1.8 – Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
6.1.9 – Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
6.1.10 – Restrict or inhibit any other user from using and enjoying the Communication Services;
6.1.11 – Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
6.1.12 – Harvest or otherwise collect information about others, including email addresses;
6.1.13 – Violate any applicable laws or regulations;
6.1.14 – Create a false identity for the purpose of misleading others;
6.1.15 – Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
6.2 – Wilde has no obligation to monitor the Communication Services. However, the Company reserves the right to review material posted to the Communication Services and to remove any material in its sole discretion. The Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to moderate, edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
6.3 – Material uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations if the User downloads the material.
6.4 – The User shall use caution when giving out any personally identifiable information in any Communication Services. The Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Services. Unless expressly authorized by the Company to act as its spokesperson, any moderator, community manager or any other person who fulfils any function on the Communication Services will not be regarded as an authorized Wilde spokesperson, and his or her view does not necessarily reflect those of Wilde.
6.5 – The Company shall have the unrestricted right to the use of all content that the User posts or sends to the Company’s intentionally or unintentionally for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to the User or anyone else. Wilde and its designees also shall have the right (but no obligation) to use the name that the User submits, as well as any other name by which the User is or may be known, in connection with such content. Without limiting the generality of the foregoing, the User hereby unconditionally grants to Wilde a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to the User and with or without attribution.
6.7 – The User agrees that such content will not be subject to any expectation of trust or confidence between Wilde and the User and that no confidential or fiduciary relationship is intended or created between them. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any such content and which are not exclusively owned by the Company, the User agrees not to enforce or assign, or permit any third party to enforce or assign, any such rights.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires the User to register on the Website, the User must complete the registration process by providing the Company’s with current, complete and accurate information as prompted by the applicable registration form. The User will either be required to choose a password and a user name or a system generated password and/or user name will be assigned to the User (“Login Credentials”). The User is solely responsible for maintaining the confidentiality of the Login Credentials. Any person who accesses the Users account by entering the Login Credentials shall be deemed to be authorized by the User to access and use the Website, and the Company shall have no obligation to investigate the authorization or source of any such access or use. Furthermore, the User is entirely responsible for any access to the Website and all activities that occur under the User’s account whether or not such access to and use of the Website is actually authorized by the User, including all communications and transmissions and all obligations (including financial obligations for purchases through the Website) that may result from such access or use. The User agrees to notify the Company immediately of any unauthorized use of the User’s account or any other breach of security. The Company’s will not be liable for any loss that the User may incur as a result of someone else using the Login Credentials, either with or without the User’s knowledge. However, the User may be held liable for losses incurred by Wilde or another party due to someone else using the Login Credentials. The User is not permitted to use anyone else’s account or Login Credentials at any time.
- DISCLAIMER OF WARRANTIES
8.1 – The User expressly agrees that the use of the Website and the Services are at the User’s sole risk.
8.2 – The content on the Website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, the Company, its affiliates or any of their respective employees, agents, third party content providers or licensors disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company’s does not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make such content available are free of viruses or other harmful components and the User assumes the entire cost of all necessary servicing, repair or correction of any of the User equipment or software. The Company makes no representations or warranties as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website or made available through the Website.
8.3 – The Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on third party sites that link to or from the Website. The Company cannot ensure and does not warrant that the User will be satisfied with any product or service that the User purchases from a third-party website that links to or from the Website or third-party information, content or materials contained on the Website. Wilde does not endorse any of the merchandise, nor has it taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. Wilde does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) the User might be requested to give to any third party. The User waives irrevocably and unconditionally any and all claims against the Company with respect to information, content and materials contained on the Website (including, without limitation, user-generated content), on third party sites, and any information, content and materials the User provides to or through any such third party sites (including, without limitation, credit card and other personal information). The User shall make whatever investigation the User deems necessary or appropriate before proceeding with any online or offline transaction with any third party.
8.4 – This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, delinquent behavior, negligence, or under any other cause of action. The User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely upon the User.
8.5 – The products and/or the Services contained on the Website are for information purposes only, and shall not be regarded as advice and shall not substitute the advice of a trained professional in the area or field concerned. Not all products and services are suited for everyone and the creators of the products and /or the Services do not assume, and shall not have, any liability to the User for any injury or loss in connection therewith. the Company makes no representations or warranties and expressly disclaims any and all liability in respect of any action which may be taken or consequences which may flow from decisions made by the User on the basis of the information provided through the Website. If the User has any specific concerns or a situation in which the User requires specialist professional advice, the User should consult with an appropriately trained and qualified specialist in the area or field concerned, such as, for example a licensed psychologist, financial advisor or attorney. If the User opts to disregard the advice of such a professional, or delays in seeking such advice, on the basis of the information offered or provided through the Website, the Company shall not be liable for any harm or losses suffered by the User as a result thereof.
- LIMITATION OF LIABILITY
9.1 – Under no circumstances, including negligence on its part, shall the Company be liable to the User or anyone else for any direct, indirect, incidental, special, consequential or punitive damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that may arise out of or result from the use of, or any inability to use, the Website or any content or functions thereof or any act or omission, online or offline, of the user or anyone else who uses the Website, even if the Company had been advised or foresaw the possibility of such damages being suffered by the User or any other person concerned.
9.2 – In addition to the terms set forth above neither, the Company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained on the Website, or for any delay or interruption in the transmission thereof to the User or any incompatibility between the Website and another site or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
- FORCE MAJEURE
Neither party shall be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riots, embargoes, strikes, acts of civil or military authorities, fire, floods, accidents, labor disputes, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within fifteen (15) days from the date of occurrence and performance in terms of this agreement shall then be suspended for as long as any such event prevents the affected party from performing its obligations under this agreement.
The User hereby agrees to indemnify, defend, and hold the Company and its licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the aforesaid persons arising out of, in connection with or related to any breach or alleged breach by the User of these Terms. The User shall use his/her/its best efforts to cooperate with the Company in the defense of any claim. Wilde reserves the right, at the User’ expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by the User.
- LINKS TO THIRD PARTY SITES
12.1 – The Website may contain links to other websites that are not operated or controlled by or related to Wilde. Wilde is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by the Company. If the User leaves the Website to access these third-party sites, the User does so at its own risk.
12.2 – The Company will not be liable for any costs, charges or fees which may be payable in respect of any such links or websites.
12.3 – The Company reserves the right to disable links from or to third-party sites, but is under no obligation to do so.
- IDEA SUBMISSION POLICY
The User acknowledges, accepts and agrees that the User shall not have any proprietary rights or interests in any solicited or unsolicited ideas intentionally or unintentionally submitted in any manner or form by the User to the Company whether original or not (“the Ideas”) including, without limiting the generality thereof, ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names, and the User acknowledges, accepts and agrees that the User shall not have any proprietary rights or interests in the Ideas, and such rights or interests shall vest in Wilde who shall have the unrestricted right to the use of the Ideas for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any remuneration or compensation to the User or anyone else.
The purpose of the aforesaid clause is to avoid any potential conflict, dispute, misunderstanding or confusion with regards to the proprietary rights in, or whether any remuneration, reward or compensation should be given for the Ideas.
Wilde shall have the right, but not the obligation, to monitor the content of the Website, including chat rooms and forums, to determine compliance with these terms and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, the Company shall have the right to remove any material that the Company in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- AVAILABILITY OF WEBSITE
The user recognizes that the traffic of data through the Internet may cause delays during the downloading of information from the Website, and accordingly it shall not hold Wilde liable for delays that are ordinary in the course of Internet use. The User further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
- FEES AND PAYMENT
17.1 – The user agrees to pay the fees charged by the Company in respect of the particular service or product which the User wishes to obtain for the applicable term pertaining thereto. The Company’s reserves the right to change the fee and/or the term or any other aspect relating to any particular service or product upon, and with effect from, the posting of a notice on the Website. Subject to the Company’s Refund Policy, all fees are non-cancellable and non-refundable.
17.2 – If the User cancels a No Fee Trial before it expires, the User’s credit/debit card will not be charged. If the User does not cancel before expiration of the No Fee Trial, the User will automatically be enrolled in the appropriate membership, subscription or service contract (depending on the User’s No Fee Trial sign-up choice), and the User’s credit/debit card will be billed accordingly.
17.3 – If the User receives a gift subscription, the User shall not be required to provide the User’s billing information.
17.4 – Recurring charges are billed in advance of service. The User agrees to provide the Company duly appointed e-commerce provider with valid, up-to-date and complete debit/credit card, contact and billing details. The User further authorizes the Company to bill such debit/credit card as and when appropriate for the fee due for the applicable term or renewal thereof as the case may be. If, for any reason, the User’s credit/debit card company refuses to pay the amount billed for the Services, the User agrees that Wilde may, at its option, suspend or terminate the User’s account, membership and/or subscription to the Services and require the User to pay the overdue amount by other means acceptable to the Company. The Company may charge a fee for the reinstatement of suspended or terminated accounts. The User agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, the User agrees to reimburse the Company for any and all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
17.5 – The User shall be responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
Either the Company or the User may terminate this agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate the User’s Account in the event of any conduct by the User which the Company’s, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of these Terms.
19.2 – No amendment, variation, addition or deletion of any provision of these Terms or the cancellation of these Terms shall be of any force or effect unless reduced to writing and signed or electronically accepted and agreed to by Wilde and the User.
19.3 – If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law, such provision shall, to the extent reasonably possible, be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
19.4 – Legal notices may be sent by the User to the Company to kate@DR.Kate.CEO. Notices to the User may be sent by the Company to the email address supplied in the User’s account. In addition, the Company may broadcast notices or messages through the Website to inform the User of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to the User to the extent permitted by applicable law. Any notices or communication under these Terms will be deemed delivered to the party to whom such communication is sent on the date upon which it is sent.
19.5 – These Terms, the User’s rights and obligations, the Company’s rights and obligations, and all actions contemplated by these Terms, will be governed by the laws of the United States, without regard to principles of conflicts of law and as if these Terms were a contract wholly entered into and wholly performed within the United States. These
19.6 – Should the Company at any time fail to insist upon strict performance of any of the User’s obligations under this agreement, or fail to exercise any of the rights or remedies to which the Company is entitled under this agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve the User from compliance with its obligations. No waiver by the Company shall be effective unless it is expressly stated to be a waiver and is in writing.
19.7 – The User acknowledges that the User has not relied upon or been induced to enter into this agreement by any representation other than a representation expressly set out in this agreement and the Company shall not be liable to the User in contract or tort, or in any other way for any representation not expressly set out in this agreement.
19.8 – The Company may discontinue the Website or change the contents, operation or features of the Website at any time for any reason, without notice.
19.9 – No person or entity not a party to this agreement will be deemed to be a third-party beneficiary of this agreement or any provision thereof.
19.10 – Any rights not expressly granted to the User herein are strictly reserved by the Company.