DEFINITIONS: PRIVACY AND REFUND & TRANSFER POLICIES

Colin Emerson Speaker, Foundation Road, In A Sense Coaching and Consulting, Professional Speakers Group and Mastering The Power are trading brands of Colin Emerson. Any and all reference made to any of these names is taken to include, and act as one and the same for the trading brand names Colin Emerson Speaker, Foundation Road, In A Sense Coaching and Consulting, Professional Speakers Group and Mastering The Power. 

As used in this Agreement, all or any part of the terms “Colin Emerson Speaker”, “Foundation Road”, “In A Sense Coaching and Consulting”, “Mastering The Power”, “PSG”, “we,” “us’” or “our” are inclusively interchangeable and refers to any or all of the above-named entities and/or associated registered domain sites, and “you” or “your” refers to you, the user of the Site and/or event registrant and/or event sponsor, exhibitor or speaker.

PRIVACY POLICY

This privacy policy sets out how we use and protect any information that you give us when you use this website. We understand the importance of your privacy and are committed to protecting it. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. We may change this policy occasionally by updating this page. Please continue to check this page to ensure that you are happy with any changes.

Information Collected by Us

If you choose to create an account, sign up for our newsletter, or register for a workshop or training course with us then we may collect your name, contact information including your email address, some demographic information such as postcodes and other information relevant to the actual event/workshop and/or customer surveys and/or offers.

What We Do With This Information

We require this information to understand our customers and for the following reasons:

To comply with any government legislative requirements; and

The information we obtain is a necessary requirement for registering for an event conducted by us, in order to ensure we are able to transact with you in regards to your registration for our events; and

To improve our products and services; and

To communicate with you by email from time to time, to the email address that you have provided, in relation to the event for which you are registered or to let you know about new products, promotions and to provide other information that we think you might find interesting.

All email contact will include an ‘unsubscribe’ link where you can elect to no longer receive certain types or all email communications from us.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

When you enter sensitive information  (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL).  When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

How We Use Cookies

A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to Other Websites

Our website may contain links to other websites required in the operation of an event or that pertain to subjects of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Your Personal Information

You may choose to restrict the collection or use of your personal information by looking for the box that you can click to indicate that you do not want your information to be used for marketing purposes when filling in forms on any of our websites. If you have previously agreed to us using your personal information for marketing purposes and have changed your mind you can email unsubscribe@foundationroad.com to be taken off our list.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Australian Privacy Act 1988 (Cth) which includes the Australian Privacy Principles and the Privacy and Personal Information Protection Act 1988 (NSW). A small fee may be payable. If you would like a copy of the information held on you please email us using Contact Us.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Delivery Policy

After ordering online, you will receive an email confirmation from relevant event registration site containing your order details (if you have provided your email address). You will also receive via email a ticket that confirms your registration of the workshop/training course.  The ticket will include all details of the course, including the date, time and what you are required to bring with you.

If you have not received your ticket within 24 hours of submitting your registration and confirmation of payment please Contact Us

REFUND OR TRANSFER POLICY: EVENT DELEGATES/ATTENDEES

Unless otherwise stated at the time of event registration, the following refund and transfer policies will apply for events conducted by us. Please note: Individual events, because of the nature of those events, may provide additional and/or alternative refund, transfer and/or cancellation policies.

These stated refund, transfer or cancellation policies apply only to those events conducted or controlled by us and do not apply where we or any of our third-party speakers, facilitators, MCs, trainers, consultants, associates or agents are engaged for events not conducted or controlled by us. The Contracts of Engagement for any such events contain their own, separate and applicable terms and conditions.

A confirmation email and invoice/receipt will be sent to the delegate within 48 hours of receipt of a completed registration form. Please ensure you read this confirmation and it is checked for accuracy.

All events conducted and/or controlled by us will proceed only if a minimum number of registrations are confirmed 7 working days from the event commencement date.

Confirmation emails of the event being cancelled or not proceeding will be sent to all registered attendees a minimum of 5 working days from the registered event commencement date.

In the case of us cancelling an event, registrants will be able to transfer to another Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group or Mastering The Power event of similar value, or, in such cases, receive a full refund if unable to attend an alternative event.

We will not be responsible for any payments/losses incurred by the registered event registrant or their nominated representative or any other registrant related parties due to the cancellation of any of our events.

We are not responsible for any travel, accommodation or ancillary charges incurred by the registrant as a result of attending this event.

A substitute delegate is allowable by notifying us via email, using the Colin Emerson Speaker Contact Page or replying to any email sent to a registrant by us, no less than 1 working day prior to the event.

Cancellations made by the registrant not less than 7 working days from commencement of the event will be able to transfer to an alternative Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group or Mastering The Power event.

Cancellation made under 7 working days of the event date or non-attendance by the registrant at either the registered event or the approved substitute event will see the full event fee applied with no refund.

Cancellations by the registrant made more than 20 working days from the event commencement date will receive a 100% refund unless transferring to another Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group or Mastering The Power event.

Cancellations by the registrant made on or after 20 working days but greater than 7 working days from the event commencement date will receive a 50% refund rate applied unless transferring to another Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group or Mastering The Power event.

Cancellations by the registrant made on or less than 7 working days from the event commencement date or non-attendance at the event will see the full event rate applied with no refund. Refund variations may be considered where exceptional circumstances apply.

NOTE: ‘events’ refers to any workshop, conference, seminar, function or similar program or event organised and/or controlled by us.

CONDITIONS OF SITE USE: SUBSCRIBER AGREEMENT

Definitions: Site Use & Subscriber Agreement

The Web site located at http://colinemersonspeaker.com (“Site”) is provided by  Foundation Road. Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, all or any part of the terms “Colin Emerson Speaker”, “Foundation Road”, “In A Sense Coaching and Consulting”, “Professional Speakers Group”, “Mastering The Power”, “PSG”, “we,” “us’” or “our” are inclusively interchangeable and refers to any or all of the above-named entities and/or associated registered domain sites, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by us.

1. Access and Passwords

Where a subscription or membership access is applicable, as part of the subscription process for this Site, you will have selected or been assigned a particular username and password in accordance with our username and password guidelines.

YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD.

You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error.

You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password.

If you lose your username or password, please contact us at: pwadmin@colinemersonspeaker.com

2. Subscription Fees and Payments

You can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by us or until you notify us by email or as designated on the Site of your decision to terminate your subscription.

If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to us, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.

You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred.

All fees and charges are nonrefundable.

We may change the fees and charges then in effect, or add new fees or charges, by giving you notice a minimum of 14 days in advance.

All fees and charges incurred in connection with your Site username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to us.

If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at pwadmin@colinemersonspeaker.com.

You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service.

YOU, AND NOT  “Colin Emerson”, “Colin Emerson Speaker”, “Foundation Road”, “In A Sense Coaching and Consulting”, “Professional Speakers Group” and/or”Mastering The Power” ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

3. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site. Your privacy protections are governed by the Australian Privacy Act 1988 (Cth) which includes the Australian Privacy Principles and the Privacy and Personal Information Protection Act 1988 (NSW).

4. User Conduct

The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others.

You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service.

You are also prohibited from submitting to, posting of or transmitting through this Site or any associated domain sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited.This is covered by the Australian Spam Act 2003 (Cth).

You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and/or Mastering The Power nor its affiliates, not any of their officers, directors, employees, or agents.

You acknowledge that we do not pre-screen all content, and that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services.

Without limiting the foregoing, Colin Emerson, Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and Mastering The Power and our designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

You specifically agree that we are not responsible for any content sent using and/or included in their Sites by any third party.

5. Copyright and Restrictions

This Web site contains proprietary material of Colin Emerson, Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and/or Mastering The Power (or material that other suppliers have licensed to us for our use) which is protected by copyright and other laws respecting proprietary rights.

We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media.

You may not use this or any of our associated domain sites except as expressly permitted under this Agreement and under U.S. and/or Australian copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.

End users who are duly authorized may Access this site for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.

The rights granted here are an expansion of the rights granted under the provisions of the Australian Copyright Act 1968 (Cth) and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from us. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. and/or Australian copyright laws.

You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause us and/or our suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by us, and/or any of our suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and/or Mastering The Power; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, time-sharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by us.

If you breach any provision of this Agreement, we may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.

6. Limitations on Use

The following activities are prohibited. You agree not to:

1. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. We can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
2. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check our site’s links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
3. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
4. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
5. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
6. Access the Site by any means other than through the interface that is provided by us, or attempt or access any area of the Site to which your access is not authorized; or
7. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7. Accuracy and Availability of Information

The Site contains database information and other content compiled by us. While we use commercially reasonable efforts to provide accurate information, we give no warranty as to the accuracy of the database and other content on the Site. We reserve the right to withdraw or delete information or content from the Site at any time.

8. Links to Third Party Sites

We do not endorse the content on any third-party Web site, including Web sites of our affiliates (“Third-Party Sites”). We are not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy.

Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that we are not your agent and is not a party to any transaction at a Third-Party Site.

9. Representations and Warranties

You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

10. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY US AND OUR AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND COLIN EMERSON, COLIN EMERSON SPEAKER, FOUNDATION ROAD, INASENSE COACHING AND CONSULTING, PROFESSIONAL SPEAKERS GROUP and/or MASTERING THE POWER AND THEIR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH AUSTRALIAN, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

11. Limitation of Damages

IN NO EVENT WILL COLIN EMERSON, COLIN EMERSON SPEAKER, FOUNDATION ROAD, INASENSE COACHING AND CONSULTING, PROFESSIONAL SPEAKERS GROUP and/or MASTERING THE POWER OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY US FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

13. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any such dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of

14. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable Australian law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.

15. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

16. Termination

We may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or us. We may also elect not to renew your subscription and access by providing a notice of non-renewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.

17. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and/or Mastering The Power in a non-electronic record, and any assignment without our written consent will be voidable at our option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.

18. Applicable Law and Disputes

This Agreement is governed by the laws of the Commonwealth of Australia and the State of New South Wales, Australia, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate our and/or our affiliates’ intellectual property rights, Colin Emerson, Colin Emerson Speaker, Foundation Road, InaSense Coaching & Consulting, Professional Speakers Group and/or Mastering The Power and/or their affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New South Wales, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in a location to be named in the precinct of: Greater Sydney, NSW, Australia. Any costs and fees other than individual attorney fees and individual travel, accommodation or like fees or costs associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in a location to be named in the precinct of: Greater Sydney, NSW, Australia

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

19. Amendments

We may change the provisions of this Agreement. When we change the terms of this Agreement, we will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site.

Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

20. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by us except in a signed, non-electronic writing signed by an authorized representative of ours.

21. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us or our affiliates as a result of this Agreement or your use of the Site.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.