Terms and Conditions

LAST UPDATED: August 13, 2018

TERMS OF USE

These terms of use (“Terms of Use”) are entered into by and between you (“you”) and The Andrew Goodman Foundation (“AGF,” “we” or “us”), a New York nonprofit exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 as amended, concerning your access to, and use of, the online website currently located at https://www.andrewgoodman.org, any successor website(s) and all Services (as defined below) (collectively, the “Website”).

1. Acceptance of Terms of Use
Please read these Terms of Use carefully before you start using the Website. Your use of the Website constitutes your assent to these Terms of Use and our Privacy Policy, found at https://andrewgoodman.org/privacy-policy/, incorporated herein by reference (our “Privacy Policy”). If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are (i) 18 years of age or older and (ii) are citizens of the United States or reside in the United States. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Change to Terms of Use
The Website is made available by AGF subject to these Terms of Use. We reserve the right to update or make changes to these Terms of Use from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into these Terms of Use. Your continued use of the Website after such changes will indicate your acceptance of such changes.

3. Accessing the Website
We reserve the right, at any time, temporarily or permanently, in whole or in part and with or without notice, to (i) modify or discontinue the Website and/or (ii) restrict user access to the Website. You agree that neither the AGF nor any of its affiliates nor any of the AGF’s or its affiliates’ respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any Service, content, feature or product offered through the Website.

You may be required to register with AGF in order to access certain Services or areas of the Website. With respect to any such registration, we may refuse to grant you, and you may not use, a username or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You are fully responsible for all interaction with the Website that occurs in connection with your e-mail address or username. You agree to immediately notify AGF of any unauthorized use of your e-mail address or username or any other breach of security related to your account or the Website, and to ensure that you “log off”/exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

4. Jurisdictional Issues
The Website is controlled and operated by AGF from the United States and is not intended to subject AGF to the laws or jurisdiction of any state, country or territory other than that of the United States. AGF does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with and ensuring that your activities comply with all local laws, rules, and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Website’s availability, in whole or in part, to any person, entity, geographic area or jurisdiction we choose, at any time and in our sole discretion.

5. Services
We provide users with access to certain content and services that are intended to strengthen the voice of young people, including, but not limited to, students at colleges in universities in the U.S. These services are intended, amongst other things, to improve voting systems and remove certain impediments to voting and to take actions that create important real-world changes for young people and our allies, which may include: (a) services such as profiles, forums, the ability to create petitions and post Submissions (as defined below), registration functionality, RSS feeds of news, tools, photos, video, blogs, reviews, ratings and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content (such content and services, collectively, the “Services”).

6. Information Submitted Through the Website
Your submission of information through the Website is governed by our Privacy Policy, which is currently located at https://andrewgoodman.org/privacy-policy/. You represent and warrant that any information you provide in connection with your use of the Website is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Website or any Services.

7. Rules of Conduct
While using the Website you will comply with all applicable laws, rules,
and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. Your failure to comply with such rules may result in termination of your access to the Website pursuant to Section [21] below. You agree that you will not:

  1. Upload, post, transmit, share, store or otherwise make available, through or in connection with the Website:
    1. Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary rights without the express prior consent of the owner of such right.
    2. Any virus or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    3. Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” or investment opportunity, or any other form of solicitation.
    4. Anything that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law.
  2. Use the Website for any fraudulent or unlawful purpose.
  3. Use the Website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
  4. Harvest or collect e-mail addresses, phone numbers, or any other personal information about other Website users from the Website by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications.
  5. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make.
  6. Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
  7. Restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website).
  8. Use the Website to advertise or offer to sell or buy any goods or services without AGF’s express prior written consent.
  9. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
  10. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
  11. Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
  12. Frame or mirror any part of the Website without AGF’s express prior written consent.
  13. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without AGF’s express prior written consent. Notwithstanding the foregoing, AGF grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AGF reserves the right to revoke these exceptions either generally or in specific cases.

Additionally, you acknowledge and agree that you (and not AGF) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.

8. Petitions and Advocacy

We and/or our service providers may make available through the Website platforms or functionality through which you are able to advocate for strengthening the voice of young people and identifying targets in government to take actions that create important real-world changes for young people (each, a “Petition,” and any person making such a Petition, an “Advocate”). You may not, however, use our platforms to advocate the election or defeat of, or promote, advocate, support or oppose, any candidate for political office, or to promote hatred, violence, discrimination or stereotypes based on race, gender, gender identity, ethnicity, sexuality, or religion (which determination will be made by AGF in its sole discretion). You may not use the Website to create a communication to offer any goods or services for sale or to engage in any fundraising for or solicitation of contributions to any person, group, organization, candidate or entity.

9. Submissions

We may allow you to post certain messages, blogs, information, content and/or materials (“Submission”) in connection with a Petition on the Website. Further, we and/or our service providers may make available through the Website services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality on the Website, among other services) to which you are able to post Submissions (each, a “Forum”).

All Submissions must comply with the Rules of Conduct set out in Section 7 of these Terms of Use.

Please note that Website visitors may post in Petitions, Forums or elsewhere on the Website Submissions that are inaccurate, misleading or deceptive. Without limitation of Section 17, AGF and its Affiliated Entities neither endorse nor are responsible for (a) any positions taken by or associated with Website visitors or any organizations represented by, affiliated or associated with Website visitors (including positions taken by Advocates in their Petitions, social media sites, or other websites) or (b) any opinion, advice, information or statements made in Petitions, Forums or elsewhere on the Website by Website visitors. The opinions expressed in Petitions, and/or Forums reflect solely the opinions of the individuals or organizations who submitted such opinions and do not necessarily reflect the opinions of AGF.

In addition and without limitation to the foregoing, AGF and its Affiliated Entities are not responsible for any information or materials made available through Petitions, Profiles and/or Forums (including errors or omissions in Petitions, Profiles and/or Forum postings or links or images embedded in Petitions, Profiles and/or Forum postings) or results obtained by using any such information or materials. Under no circumstances will AGF, the Affiliated Entities or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials.

10. Registration

If you register on this Website or post anything on any AGF website, you are agreeing that (i) your name, city, state zip code and cell phone number can be used to send you information relating to making young peoples’ voices and votes a powerful force in democracy; (ii) you are opting in to receive e-mails and texts in the future from AGF, on any issues or topics we believe may be of interest to you; and (iii) if you do not UNCHECK the box on a Petition page allowing the Advocate to send you e-mails and texts in the future, you are agreeing to receive such e-mails and texts in the future from that Advocate.

11. Signatures on and Delivery of Petitions

The signatures on any Petition created through this Website are not guaranteed to be legally valid signatures that would be recognized and/or accepted by any government agency or entity. Each Advocate of his/her respective Petition is responsible for ensuring that the Petition and Petition signatures are delivered to its intended recipients. Petitions may not edit a signature in a way that compromises the intent of the signer.

12. License

You retain ownership of your Submissions, including information, content and/or other materials protected by copyright, trademark, trade secret, the right of publicity or other proprietary rights. However, please note that we need certain rights to your materials in order to make them available on the Website. As such, you hereby grant to AGF, the Affiliated Entities and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for any purpose in connection with the Website, including to use your Submission in connection with AGF Petitions or advertisements and to publicize your Petition through any media.

This license is non-exclusive (so you can license your materials to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your materials), sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).

For each Submission to us, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Submission, and your provision thereof to and through the Website, comply with all applicable laws, rules, and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Website.

13. Monitoring

You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our sole discretion:

  1. Monitor Submissions.
  2. Alter, remove, or refuse to post or allow to be posted or created any Submission or Petition, or take any other action with respect to such Submission or Petition that we deem necessary or appropriate in our sole discretion.
  3. Disclose any Submissions and/or Petitions, and the circumstances surrounding their transmission, to any third party in order to operate the Website or provide any Services.
  4. Disclose your identity or other information about you to any third party who claims that any Submission posted by you violates their rights, including their intellectual property rights or their right to privacy.
  5. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  6. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to comply and cooperate fully with any law enforcement authority, subpoena, court order, or any disclosure required by law or regulation, requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS AGF AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

For clarity, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. AGF’S Proprietary Rights

The information and materials made available through the Website, including the Services, are and shall remain the property of AGF, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by AGF to access and use the Website, you may view any content on the Website to which we provide you access hereunder solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by AGF in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Website or any materials made available through the Website.

All trademarks and service marks on the Website not owned by AGF are the property of their respective owners. The trade names, trademarks and service marks owned by AGF, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of AGF’s trade names, trademarks or service marks without our express prior written consent.

15. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

16. Linking to the Website and Social Media Feature

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on this Website.
  2. Send emails or other communications with certain content, or links to certain content, on this Website.
  3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party website.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep-linking, or in-line linking.
  3. Link to any part of the website other than the homepage.
  4. Otherwise, take any action with respect to materials on this Website that is inconsistent with any provisions of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Rules of Conduct set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

17. Links from the Website

The Website and visitors to the Website (including Advocates) may provide links to other websites and online resources. Because AGF has no control over such sites and resources, you acknowledge and agree that AGF is not responsible for the availability of such external sites or resources, and AGF neither endorses nor is responsible or liable for any content, advertising, products, services or other materials on or available through such sites or resources. Other websites may provide links to the Website with or without our authorization. You acknowledge and agree that AGF does not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Website, any content, advertising, products, services or other materials available on or through such other websites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

AGF shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. AGF AND ITS AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY GOODS OR SERVICES (INCLUDING THIRD PARTY GOODS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

19.  Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AGF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, AGF AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT OR PETITION POSTED ON THE WEBSITE BY AGF OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF AGF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

20. Indemnity

You agree to defend, indemnify and hold harmless AGF and its Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website; (b) any violation of these Terms of Use by you.

21.  Termination

This Terms of Use are effective until terminated. AGF, in its sole discretion, may terminate your access to or use of the Website or these Terms of Use (including terminating third-party sites agreements), at any time and for any reason, including if AGF believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice and that AGF may immediately deactivate or delete your access and all related information and files associated with it, and/or bar any further access to such information. You agree that AGF and its Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections [4, 11, 13, 16-21, 25 and 26] shall survive any expiration or termination of these Terms of Use.

22. Governing Law; Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in the Southern District of New York. You consent to the exclusive jurisdiction of such courts in any such action or proceeding and waive any objection to venue laid therein.

23. Contact Us

If you have any questions regarding the meaning of application of these Terms of Use, please direct such questions to info@andrewgoodman.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

24. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to info@andrewgoodman.org. You may also contact us by writing to AGF, P.O. Box 394, Mahwah, NJ, 07430. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send AGF a notice requesting that AGF remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send AGF a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to info@andrewgoodman.org.

26. Ability to Enter into these Terms of Use

By using the Website, you affirm that you are of legal age to enter into these Terms of Use or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.

27. Miscellaneous

These Terms of Use do not, and shall not be construed, to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AGF. If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, delegate or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and AGF relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AGF relating to such subject matter. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in AGF’s sole discretion. The Website may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AGF will not be responsible for failures to fulfill any obligations due to causes beyond its control.

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