Terms of Use (the “Terms”)

This Agreement binds you, or the company you represent,to the terms and conditions set forth herein in connection with the use of Excel4TheStreet“Company”) software, mobile applications, services or other offerings on our site (collectively the “Website”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).BY USING ANY OF THE COMPONENTS OF THE WEBSITE OR BY CLICKING ON THE “SIGNUP” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree to all the terms and conditions of this Agreement, click the “Cancel” button and do not use the Website. The Company’s acceptance of any term is expressly conditioned upon your assent of all other terms. If a term and condition is considered an offer by the Company, acceptance is expressly limited to the accepted term and condition.

Additional Terms
Any personal information submitted in connection with use of the Website is subject to Our Privacy Policy, located at www.excel4thestreet.com/legal/privacy/ which is hereby incorporated by reference into these Terms.If you are an Instructor (as defined below), you are also subject to the Instructor Terms and Conditions located at www.excel4thestreet.com/legal/instructor/(the “Instructor Terms”), which are hereby incorporated by reference into these Terms.If you are an Instructor and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.
The Website enables students (“Students”) to connect with independent contractor instructors (the “Instructors”) who provide live and recorded instruction, tutoring, and learning services in proprietary online classrooms (the “Courses”). Students and Instructors are, collectively, “Users.” The Website includes, without limitation, facilitating and hosting courses and supporting materials, and taking feedback from Users.The Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Website. Changes become effective thirty (30) days after posting. Your continued use of the Website after changes become effective shall mean that you accept those changes. You should visit the Site regularly to ensure you are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that have arisen prior to the date of such revision.


The Company may modify the Website or discontinue its availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with access to and use of the Website, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If youelect to access or use a component of the Website that involves payment of a fee, you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize the Company to charge the credit card on a regular basis to pay the fees as they are due.

If a payment method fails or the account is past due, then the Company may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with the Company and/or retaining collection agencies and legal counsel. We may also block access to the Website pending resolution of any amounts due.

All use, access and other activities relating to the Website must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of the Website, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Website or the operation of the Website; frame or embed the Website; impersonate another person or gain unauthorized access to another person’s account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website or operation of the Website; scrape, spider, use a robot or other automated means of any kind to access the Products.

General Disclaimer
The Website is only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are we responsible or liable for any interactions between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damages of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.We do not control Submitted Content (as defined below) posted on the Website and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Website, you may expose yourself to Submitted Content that you may consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from you and no liability resulting from your access or use of any Submitted Content, to the extent permissible under applicable law.


The Website may provideaccess to links to third-party websites (“Third Party Websites”), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Websites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Websites. You need to take appropriate steps to determine whether accessing a Third Party Website is appropriate, and to protect your personal information and privacy on such Third Party Website accordingly.

You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website. You agree not to use the Website or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without advance written permission from the Company, which may be withheld in the Company’s sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of the Website.
Content on the Website
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Website and, we cannot take responsibility for such Content . Any use or reliance on any Content or materials posted via the Website or obtained by you through the Website is at your own risk.We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
Content Standards
These content standards apply to any and all Content. Instructors and Students must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:


Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Specific Obligations of Instructors
If you are instructing Students in connection with a Course then you are an “Instructor” and the following additional terms and conditions apply and, as an Instructor, you represent, warrant and covenant that:
You are subject to the Company’s approval, which the Company may grant or deny at its sole discretion;
You need to visit https://www.excel4thestreet.com/legal/instructor and complete the Instructor Enrollment formand you will also need to agree to the Revenue Share Program terms;
You will be responsible for all of your Submitted Content, that you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your Submitted Content on and through the Website in the manner contemplated by the Instructor Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services that you are offering on and through the Website;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Website or to any User;
You will not use the Website for any business other than for providing tutoring, teaching and instructional services to Students;
You will not engage in any activity that will require the Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
You will not copy, modify or distribute any Company Content except as permitted in this Instructor Agreement;
You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate; and
You shall respond promptly to Users seeking your services and ensure a quality of service commensurate with the standards of industry and instruction services in general.
Specific Obligations of Students using the Site
If you are a User in search of or participating in a Course then you are a “Student” and the following additional terms and conditions apply and, as a student, you represent, warrant and covenant that:
You have read, understood, and agree to be bound by the pricing information (see the Revenue Share section below) before using the Website or registering for a Course;
You are over the age of 18, or, if not, you will only use the Website with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Website;
You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit the Website any Company Content, Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
You will not solicit personal information from any Instructor or other User.
To use certain components of the Website, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, in providing customer service, and in network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must (i) notify us immediately of any unauthorized use of your Account and of any other breach of security, and (ii) ensure that you exit from your Account at the end of each use of the Website. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not use anyone else’s Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Website; and (iii) the consequences of any misuse.
Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where the Company provides Content to you in connection with the Website it is “Company Content.” Content uploaded, transmitted or posted to the Website by a User is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to the Company with respect to Submitted Content and that the Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Submitted Content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Website, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Site at any time. Removal of Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.The Company hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Website, in accordance with these Terms and any conditions or restrictions associated with particular Courses. All other uses are expressly prohibited absent the Company’s express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless the Company gives you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Instructors may not grant you license rights to Submitted Content that you access or acquire through the Website and any such direct license shall be null and void and a violation of these Terms.You agree that the Company may record all or any part of any Courses (including voice chat communications) for quality control and for delivering, marketing, promoting, demonstrating or operating the Website. You hereby grant the Company permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Website, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.The Company respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, the company does not screen Submitted Content and all use of Submitted Content by you is at your own risk and the Company shall have no liability for such use. In particular, no review or posting or appearance of the submitted content on the Website is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy, or other laws or will suit a particular purpose or be accurate or useful. If you believe that Submitted Content of violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps that you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to the Company in accordance with the procedures maintained at www.excel4thestreet.com/legal/copyright/.All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Pricing for Paid Courses
Key Definitions:
“Base Price” means the course price set by the Instructor.
“Base Currency” means the currency of the Base Price.
“Sale Price” means the actual sale price for the Course.
“Sale Currency” means the currency of the sale US Dollars.Except when otherwise defined, an Instructor will be solely responsible for determining the Base Price to be charged for such Course, in accordance with the Instructor Terms.
If you are a Student, you agree to pay the fees for Courses that you take, and hereby authorize the Company to charge your PayPal account or credit card for these amounts. If your PayPal account or credit card is declined, you will not be provided access to Courses.

Payments are processed by our payment partners.

European Union:
In the event that the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax (“VAT”), under applicable law, the Company will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the European Union. The Company may at its own discretion increase the Sale Price where the Company is of the view that VAT may be due and the Company will have a liability to account for such. You will indemnify and hold the Company harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.All other countries:
For sales of any of Courses or Submitted Content in countries other than the European Union, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). The Company is unable to provide you with tax advice and you should consult your own tax advisor.

Rounding Off
Company may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, the Company will round up an amount of $101.50 to $102.00, and round down and amount of $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, the Company may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for the Company to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Foreign Currency
The Company’s online platform will default the Sale Currency based on your geographic location. The currency of any transaction will match the Sale Currency displayed to you on the Website. You cannot change your displayed currency.Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

The Company offers Students a fifteen (15)-day, no-questions-asked money back guarantee on Courses. If you, as a Student, are unhappy with such a Course and request a refund within fifteen (15) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via support@excel4thestreet.com or contact us here. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Website, without any liability to you. In addition, please note that notwithstanding anything to the contrary in these Terms, the Company does not provide refunds for Courses purchased through our iOS or Android applications. All sales of Courses through the Company’s iOS or Android applications are final.
You, as an Instructor, acknowledge and agree that Students have the right to receive a refund as set forth in this section. Neither Instructors nor the Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted.Instructor payments for any Course will be held for thirty (30) daysandno payments will be made for a specific Course for which a fifteen (15) day, no-question-asked refund has been requested.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Website, are the Company’s registered or unregistered Trademarks or of the Company’s suppliers or of third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without the Company’s prior approval.
Warranty Disclaimer
Limitation of Liability
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 14, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We may terminate your use of the Website immediately without notice for any breach by you of these Terms or any of the Company’s applicable policies, as posted on the Website from time to time. We may discontinue offering any component of the Website at any time (which will terminate your right to offer these Courses if you are an Instructor). You may terminate your use of the Website at any time, either by ceasing to access them, or by contacting us at support@excel4thestreet.com (but if you are an Instructor then Students enrolled in your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Website. Any accrued rights to payment and Sections 4, 5, 10-16 and all representations and warranties shall survive termination.
Electronic Notices
By using the Websiteor communicating with Company, you agree that the Company may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website or these Terms. If the Company learns of a security system’s breach, the Company may attempt to notify you electronically by posting a notice on the Website or sending you an email. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to the Company at legal@excel4thestreet.com.
The right to maintain a court action,
The right to a jury trial, and
The right to participate in any form of class or representative claim.

The right to engage in discovery except as provided in arbitration proceedings under the rules of the American Association of Arbitration (“AAA”),
The dispute will be governed by New York Law, and will take place in New York, and
The right to certain remedies and forms of relief that you or we would have in Court, but not in Arbitration.

These terms shall be governed by, and will be construed under, the laws of the state of New York, United States of America, without regard to choice of law principles. We each agree that any dispute which may arise out of, under, or in connection with your visit to or use of the Site shall be resolved entirely through binding individual arbitration, rather than in court. Such individual arbitration shall take place in New York, New York, and will be administered by the AAA in accordance with its Commercial Arbitration Rules, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would. To the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
You agree to bring any dispute related to these Terms, your use of the Site, our products, or services in arbitration on an individual basis and that no claim arising out of these Terms, your use of the Site, our products, or services may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise. If for any reason a claims proceeds in court and not in arbitration, we each agree to waive any right to participate in a class action against each other and the right to a jury trial. The Site resides on servers located in, and is controlled in, the United States and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or content is illegal or penalized. Company reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.


E4TS is in New York and provides this service to you. If you have complaints send them to SUPPORT@EXCEL4THESTREET.COM or contact the Complaint Assistance Unit of the California Department of Consumers Affairs.Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, and address of the provider of this service is:

510 Fifth Avenue,
Floor 3,
New York, NY 10036

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@excel4thestreet.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call (800)-326-2297 or (916)-928-1227.
We want to let you know that because of New Jersey laws, some of sections of these Terms may be different for you. Also, by using this Site you waive certain rights including rights to pursue disputes in a court and before a jury. This section provides links to the applicable sections of our Terms so you can read about it in more detail.If you live in New Jersey, please carefully read our Terms and understand that by using our Site or purchasing a Subscription in addition to the other rules you agree to, (i) any dispute between us will be governed by New York law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim (Section 19), (ii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in Section 15 may not apply to you, and (iii) you are responsible for any harm (Section 16) that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Site by you, (b) your material your uncured breach of these Terms, the privacy policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password.
Entire Agreement. These Terms and any policies applicable to you posted on the Website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.