Terms of Use

Last Updated: March 1, 2014

www.rm-plus.com is a Website (Site) of RM Plus, LLC. The Site provides information on our planning and design services, which include both architectural and interior solutions for international and domestic markets. When we use the terms “we” “us” or “our”, we are referring to RM Plus, LLC and any affiliated organizations (collectively “RM Plus”).

1. USE OF THE SITE

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE AND THE TERMS OF OUR PRIVACY POLICY BEFORE USING THIS SITE OR ANY GOODS OR SERVICES FROM THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.

By using this Site, including downloading or accessing Materials (defined below), requesting information, providing contact information, or otherwise using the Services (defined below), you agree to be bound by, and acknowledge your acceptance of these Terms of Use. From time to time, we may update these Terms of Use. We encourage you to periodically review these terms for any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on the Site on the date you use the Site and/or any part of the Services (defined below). Your use of the Site, and/or any part of the Services (defined below), indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

2. DESCRIPTION OF SITE AND THE SERVICE.

We may provide, through the Site, “Services” that include without limitation the:

  1. provision of the Site and other online services and Internet sites;
  2. display, performance, provision, and use of: information such as educational, promotional, product, pricing, marketing or other valuable information (“Information”); and copyrighted works, photographs, text, music, video, sound, graphics, messages, Trademarks (defined below) and other materials, including Our Materials (defined below) and Third Party Materials (defined below) (collectively, “Content”);
  3. communication through online form submissions.

You can contact us about this Site or about accessing and changing any personal information you provide at this Site through contact information contained on the Site.

3. OWNERSHIP OF INTELLECTUAL PROPERTY OF THIS SITE AND MATERIALS.

3.1 Trademarks, Copyright and Intellectual Property Ownership.

We use names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site or with the Services (collectively, “Trademarks”). We own all Trademarks, the Content, and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Services (collectively, “Our Materials”). Also, third parties have allowed us to post or use their materials and trademarks on the Site (“Third-Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials”.

3.2 Copyright Notice.

Our Materials contained on the Site are copyrighted materials of RM Plus:

Copyright © 2013 RM Plus, LLC.  All rights reserved.

We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site and Services. We maintain all of the web pages of the Site as a collective work under the U.S. copyright laws and protect the Site and Materials under others’ trademark and other intellectual property laws.

3.3 Rights in Materials.

By using or accessing the Site or Services, you do not acquire any rights or interest in any Materials. The only rights you can gain are those we explicitly grant to you through these Terns of Use. We reserve all rights that we do not expressly grant to you.

You agree not to display, use (including co-branding your owns goods or services with our Trademarks), remove, or alter our Trademarks, Content or Information or the trademarks, content, or information of our third party affiliates without prior written consent.

You also agree that any use by you, or on your behalf, of our Trademarks, and the goodwill associated therewith, shall inure to our benefit.

4. RESTRICTIONS ON USE OF CONTENT, MATERIALS AND MARKS.

Your use of the Site and the Services is strictly and exclusively limited to personal, non-commercial use. Your use is also subject to Our intellectual property rights and the intellectual property rights of our third party affiliates. Except as expressly authorized in these Terms of Use, you agree that:

  1. You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any Materials displayed on, or made available through the Site, or in connection with the Services, in whole or in part, by any means now known or later developed;
  2. You will not modify, decompile, or reverse engineer any part of the Website or related software;
  3. You will not copy, post or transmit any Materials that you receive from, access, or retrieve from, the Site or through the Services, to any server, or network of computers; and
  4. You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials.

5. PERSONAL INFORMATION AND PRIVACY OF INFORMATION

5.1 Provision of Your Personal Information.

As a user of the Site, you can visit certain areas of the Site without revealing any information about yourself. In other parts of the Site, you may be required to provide information for certain purposes, including registering for a service, such as gaining access to certain files, or sending correspondence. Any information you provide to the Site is referred to as “Registration Data”.

We encourage you not to use, submit or provide any personal or sensitive information beyond what is requested or required for your transactions with us. We shall have no responsibility for use, misuse, loss or alteration of any information (including Registration Data) provided by you. This includes any information, content, materials or ideas that you provide without our request.

5.2 Accuracy of Personal Information.

In operating the Site we seek to provide valuable information and we value accurate and honest communication. In using the Site, you agree to provide true, accurate, current and complete information about yourself in Registration Data or other data and materials you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or the Services. As part of your use, you agree to maintain and promptly update the Registration Data, and any other information you provide and to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Services.

5.3 Privacy.

Any Registration Data and certain other information about you that we obtain from you through use of the Site is subject to our Privacy Policy, which is herein incorporated by reference.

5.4 Use by Minors.

We are concerned about the safety and privacy of all of the Site’s users, particularly children. This Site is not directed or targeted to children. We ask that parents supervise their children while visiting the Site as with any Site on the Internet. For this reason, parents who wish to allow their children under the age of 13 to provide personal information to the Site must provide permission through sending an e-mail to the contact information listed on the Site prior to any submission of personal information by such child.

A parent of any minor providing information to the Site can:

  1. ask to review any personal information about his/her child that we may have collected at the Site;
  2. request that we delete this information (if we still have the information in our databases); and/or
  3. instruct us not to collect or use his/her child’s information in the future.

If you are a parent and wish to exercise this right, simply contact us at the contact information listed on the site. In the absence of parental permission, you certify by using the Site or any part of the Services, that you are at least 13 years of age.

6. GENERAL USE RULES.

To facilitate everyone’s enjoyment of the Site, we have set out our General Use Rules. Generally speaking, these rules simply require respect and good manners.

6.1 No Obscenity.

We do not allow obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto any of the Site.

6.2 No Posting or Communication of Infringing Material or Harassing Communications or Advertisements.

You also agree not to post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:

  1. any material or content that infringes and/or violates any right of a third party (including its intellectual property and proprietary rights), or any law;
  2. any harassing, slanderous, libelous or derogatory information or content, or
  3. any advertisements for products or services, “junk mail”, spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation;

7. No Commercial Uses.

You agree not to use the Site for commercial purposes of any kind;

7.1 No Harm to Minors.

You agree not to harm, or attempt to harm, lure or deceive minors in any way;

7.2 No False Identity.

You agree not to create or use a false identity for the purpose of misleading others;

7.2 Do Not Collect or Store Personal Data.

You agree not to collect or store personal data about other users;

7.4 No Virus or Disabling Software.

You agree not to post or distribute any software or other materials that contain a virus, worm, trojan horse or other harmful or disabling code or component;

7.5 No Interference with the Site or Services.

You agree not to interfere with, or disrupt, the operation of the Site and/or the Services, or with servers or networks connected to, or used in connection with the operation of the Site.

7.6 Obey Requirements.

You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site.

7.7 Respect Privacy of Others.

You must respect the privacy of others.  You agree not to post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person.

8. OWNERSHIP OF USER SUBMITTED INFORMATION AND CONTENT.

By uploading, submitting, or communicating any materials, ideas or submissions to the Site or submitting any materials to us in any other manner, you automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, or to incorporate such materials into any form, medium, or technology now known or later developed. In addition, you waive and warrant that all so-called “moral rights” in those materials have been waived. You agree that we own any derivative works, improvements or other materials, works, ideas, intellectual property, and/or products created from, based on, or related to, our access to, or use of, any materials you provide.

9. ACTIVITIES WITH THIRD PARTIES ON OR FROM THE SITE

9.1 Linking to Third Party Websites from the Site.

From time to time, we may provide links on the Site that will allow you to connect with websites of third-parties that are not under our control. We are providing these links only as a convenience to you. Further, there may be times while in the Site that you could be directed to websites that are beyond our control. This includes links from other organizations that may use our logo(s) as part of an agreement with us. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.

9.2 No Warranties.

WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT OF, OR THE PRIVACY PRACTICES OF, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY WEBSITE THAT LINKS TO OR FROM THE SITE EVEN IF WE PROVIDE LINKS TO SUCH WEBSITES ON THE SITE. WE ACCEPT NO RESPONSIBILITY FOR, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OR LIABILITY RELATING TO, THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIALS DISPLAYED ON, OR CONTAINED IN, WEBSITES LINKED TO, OR TO WHICH YOU ARE DIRECTED FROM THE SITE. YOU ACCESS AND USE SUCH WEBSITES, AND THE SERVICES PROVIDED IN CONNECTION THEREWITH, AT YOUR OWN RISK. WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE AND PRIVACY POLICIES POSTED ON ANY THIRD PARTY WEBSITE, OR TO CONTACT THE OPERATOR OF THE WEBSITE PRIOR TO USING, OR PROVIDING ANY INFORMATION ON SUCH THIRD PARTY WEBSITES.

9.3 No Endorsement.

Links to other websites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials or ideas at the Site. We reserve the right to disable links from third-party websites to the Site at any time without prior notice.

9.4 Rules for Linking to the Site.

We may provide the option for you to post a link to the Site from your website or other third party websites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on the Site, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.

10. DISCLAIMERS.

10.1

YOUR USE OF THE SITE, THE SERVICES, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SERVICES (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS OR SUBMISSIONS TO US OR THE SITE.

10.2

WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH THE SITE, OR ON WEBSITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF THE SITES, ANY PART OF THE SERVICES, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.

10.3

AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICES; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SERVICES.

11. LIMITATION OF LIABILITY.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, ANY OF THE SITE, ANY INFORMATION, ANY CONTENT, ANY MATERIALS, AND/OR THE SERVICES, OR ANY PART THEREOF, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FO ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING ANY OF THE SITE AND/OR FOR USING THE SERVICES OR ANY PART THEREOF. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SITE AND/OR SERVICES, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM, WITH OR AGAINST OUT ORGANIZATION WITH RESPECT TO THESE TERMS OF USE OF ANY OF THE SITE OR ANY PART OF THE SERVICES, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE SITE AND/OR THE SERVICES.

12. INDEMNITY.

You are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of Ours Site or the Services (“Your Accounts”). You are solely responsible for all activities that occur under, or relating to, your passwords and Your Accounts, and for your use of the Site and any part of the Services.
You hereby agree to indemnify, defend, and hold us, and our affiliates, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:

  1. any breach by you of these Terms of Use;
  2. any unauthorized use by you of any Information, Content, Materials,  the Site, or any part of the Services;
  3. your use of the Site and/or any part of the Services; and
  4. all activities relating to, or conducted under, your passwords and/or Your Accounts.

You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you. You agree that that in the event of any unauthorized use of the Site, any Information, Content, Materials, and/or any part of the Services, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

13.1

Unless otherwise specified, the Site, the Information, Content, Materials and the Services are presented solely for the purpose of providing information on our company and our planning and design services. RM Plus is located in Orlando, Florida. If you access the Site from outside the United States, be advised that the Site may contain references to Information, Content, Materials, Services, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of the Site, any Content, any Information, any Materials, and any part of the Services to any person, geographic area or jurisdiction we so chose in the exercise of our sole discretion.  The Services, or any part thereof, are void where prohibited.

13.2

You agree to comply with all local rules regarding the use of the Site, any Information, any Content, any Materials, and any part of the Services, including any local rules regarding acceptable online conduct. You also specifically agree to comply with all applicable laws regarding the transmission of data or other information exported from the United States or the country in which you reside.

13.3

The Software used in association with the Site and the Services may be further subject to United States export controls. No Software may be downloaded, or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using the Software, or any other materials relating to the Site that are subject to United States export controls, you represent and warrant to us that you are not located in, or a resident or national of, any of the countries identified in subsection (a) of this Paragraph 13.3, and that you are not acting on behalf of, or under the control of a national or resident of any such country, or any person described in subsection (b) of this Paragraph 13.3.

14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of the Site and the Services, to do the same. Pursuant to Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c) (2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on the Site should be sent to RM Plus’s Designated Agent. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

[INSERT AGENT NAME]

Contact Information: E-mail us here

You may also write to us at:

[INSERT AGENT]
RM Plus, LLC
255 South Orange Avenue, Suite 1600
Orlando, FL 32801

-CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE-

15. TERMINATION.

These Terms of Use, as may be modified from time to time by us without notice, are effective until we provide notice of termination thereof on the Site. You agree to be bound by the Terms of Use as displayed on the Site at the time you use the Site and/or any part of the Services provided in connection therewith. You may not terminate any provision of these Terms of Use. Your sole and exclusive remedy is to discontinue your access and use of the Site and the Services. We may terminate your access to the Site, and/or any part of the Services, at any time in our sole discretion, and we reserve the right at any time to discontinue the operation of the Site, and/or the provision of any part of the Services. We may immediately terminate your right to access and/or use any of the Site and/or the Services, without notice, if, in our sole discretion, you fail to comply with any provision of these Terms of Use.

16. GENERAL PROVISIONS.

16.1

You acknowledge and agree that the unauthorized use of the Site, Information, Content, Materials, and/or any part of the Services could cause irreparable harm to us and/or organizations or individuals that may be associated with us. Accordingly, you agree that that in the event of any unauthorized use of the Site, any Information, Content, Materials, and/or any part of the Services, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

16.2

We may at times send you information by e-mail that we believe will be of interest to you. If you register with the Site and you do not want to receive e-mails from us, please let us know by responding to the unsubscribe action in the message received or contacting us through information provided on the Site.

16.3

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms of Use, the Site, the Services, and/or your access, and/or use, of any of the Site or the Services, shall be filed and litigated only in the state or federal courts located in Orange County, Florida. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim.

16.4

These Terms of Use, as may be amended by us from time to time, constitute our entire agreement with respect to your use of the Site and the Services. These Terms of Use supersede all prior agreements, understandings and representations between us with respect to your use of the Site and the Services. You cannot amend or alter the terms of these Terms of Use.

16.5

These Terms of Use are personal to you and cannot be assigned by you. You agree not to allow any other person to access and/or use any of the Site or the Services unless such other person agrees to be bound all of the provisions of these Terms of Use. You further agree to assume all responsibility and liability arising from any third party access to, or use of, any of the Site and/or the Services (a) using, or under, any of Your Accounts, or any of your passwords; and (b) that you permit, knowing that such third party has not agreed to be bound by all of the provisions of these Terms of Use.

16.6

If any provision of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.

16.7

Our failure to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that provision or right.

16.8

All of the provisions of these Terms of Use, which by their nature survive the termination of these Terms of Use, shall so survive.