This Agreement ("Agreement") governs the terms by which members of this website obtain the right to visit and or take part in the services that are offered in this website. Your compliance with the terms set forth in this Agreement will help ensure that MAZoolo.com remains secure and reliable. We encourage you to print out or save a copy of this Agreement for your future reference. This Agreement is between you (the "Registered User") and MAZoolo.com, and its affiliates. In this Agreement, "you" or "your" or "Registered User" means any person or entity using the MAZoolo.com website.
By clicking the "ACCEPT" button at the end of this Agreement, or by accessing or using any part of this website, you indicate your acceptance of the terms of this Agreement and you agree to be bound by this Agreement for all past, present and future uses by you of the MAZoolo.com Website. If you do not agree to be bound by the terms of this Agreement, please cease all further use of MAZoolo.com.
PLEASE REVIEW THIS AGREEMENT CAREFULLY AS THIS AGREEMENT PROVIDES VERY IMPORTANT INFORMATION ABOUT YOUR MAZoolo.com MEMBERSHIP.
MAZoolo.com may amend this Agreement as well as additional rules, policies and conditions that govern your use of the MAZoolo.com at its sole discretion, from time to time, and you agree to abide by and be fully bound by any such amended terms. The amended terms shall automatically be effective after they are posted on MAZoolo.com, and your continued use of the website o
- Definitions
- "MAZoolo Service" or "MAZoolo.com Service" means all of the services that MAZoolo offers on the MAZoolo.com Website, including but not limited to Subscription Service.
- "MAZoolo Website" or "MAZoolo.com" means the website located at the domain names www.mazoolo.com and at such other domain names that may offer the MAZoolo Service.
- "Registered User" means any person or entity who opens and maintains an account with MAZoolo.com Website.
- "Subscription Service" means MAZoolo.com's fee-based subscription service that contains additional premium features for Members.
- "Member" means any person or entity who uses the Subscription Service.
- General Rules
- You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the MAZOOLO.com Service, whether you just browse the MAZOOLO Website, use its freely-available services, use the Registered User service, or participate in Subscription Services.
- MAZOOLO.com will only provide the MAZOOLO Service to persons and entities who can form legally binding and enforceable contracts under applicable law. Without limiting the foregoing, the MAZOOLO Service is not available to users under the age of 18.
- MAZOOLO may modify the MAZOOLO Service at any time with or without notice to you.
- Opening an Account
- To become a Registered User, you must open an account with MAZOOLO.com through its online registration process. Only Registered Users have the right to become Members, and use certain portions of the MAZOOLO.com Service. MAZOOLO.com reserves the right in its sole discretion to deny membership to, or terminate membership of any party it believes to be providing false or misleading information to MAZOOLO.com, or for any other reason.
- Those Registered Users that are inactive for six (6) months or more may be removed from the MAZOOLO Website, without notice, at the sole discretion of MAZOOLO.com.
- When registering as a Registered User, you must choose a unique User Name and Password. You are solely responsible for protecting your User Name and Password with the same degree of care that a reasonable person uses to protect his or her other confidential information. You may not disclose your Password to any third party or share your Password with any third party without the prior written consent of MAZOOLO.com. You may not use your User Name or Password for any unauthorized purpose. If there is a breach of confidentiality of your User Name or Password, or any breach of security through your account, you shall promptly notify MAZOOLO.com of such breach and provide MAZOOLO.com a full and complete description of the circumstances related to such breach.
- You agree that MAZOOLO.com and other users of the MAZOOLO Website may, and are entitled to, rely upon and solely attribute to you any action (including any message or posting on the MAZOOLO Website) that is undertaken using your User Name or Password or using your computer systems or facilities. Therefore, you are solely liable for any loss or damages, in whatever form, arising from the misuse of your User Name or Password or your computer systems or facilities by any person or entity, whether or not such misuse is due to your fault or negligence. You agree that the provision set forth above (including without limitation the attribution to you of actions taken using your User Name or Password, computer systems or facilities) is commercially reasonable.
- MAZOOLO.com will be entitled to disclose Registered User Information to governmental or regulatory officials in the event of an emergency or pursuant to a valid request from such officials. Any Registered User that provides or uses false or inaccurate Registered User Information to conduct transactions using the MAZOOLO Website may be subject to prosecution as prescribed by relevant applicable law.
- You acknowledge and agree that MAZOOLO.com’s collection and use of Registered User Information, and MAZOOLO.com’s operation of the MAZOOLO Website and the services provided thereby in accordance with this Agreement in no way constitutes an actionable breach of any privacy or other right, whether in equity, law, contract or otherwise, and you hereby waive any and all such claims or rights of action whether foreseen or unforeseen.
- MAZOOLO.com will terminate the membership of any Registered User who uses the MAZOOLO Website to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
- Your Conduct
- Generally, you must use the MAZOOLO.com Service in a manner that demonstrates good taste and respect for the rights of MAZOOLO.com and third parties.
- You will not use the MAZOOLO.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste.
- You will not (i) interfere with the MAZOOLO.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the MAZOOLO.com Service, (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the MAZOOLO.com website, (iv) collect electronic mail addresses or other information from third parties by using the MAZOOLO.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the MAZOOLO.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.
- You are solely and exclusively responsible for ensuring that all Media you provide through use of the MAZOOLO.com Service is in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules.
- MAZOOLO.com in its sole discretion, without notice, may remove any media at any time posted by a Registered User to the MAZOOLO Website regardless of the guidelines set forth in this Agreement. MAZOOLO.com does not control the content (including media) posted on the MAZOOLO Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the MAZOOLO Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will MAZOOLO.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for 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 MAZOOLO Website.
- Subject to the terms set forth in this Agreement, MAZOOLO.com hereby grants you a limited, nontransferable, nonexclusive right to access the MAZOOLO Website and the services provided thereby.MAZOOLO.com makes no covenant, representation or warranty that the MAZOOLO Website will be operational at all times or that it will continue to offer the MAZOOLO Website or any or all of the elements of the MAZOOLO Website. You may not use the information of MAZOOLO.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the MAZOOLO Website and the information and services offered thereby without first becoming a Registered User and using the MAZOOLO Website to access such information and services. You agree that any information that you obtain through the MAZOOLO Website is confidential and proprietary information of MAZOOLO.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the MAZOOLO Website, electronically or otherwise. You shall not store or aggregate such information in any manner.
- Permitted Participation
- No-one under the age of 18 or the age of legal consent for engaging in the activities included in the MAZOOLO Services. MAZOOLO.com reserves the right to request proof of age at any stage to verify that persons not legally of age are using the MAZOOLO Services. MAZOOLO.com may cancel a person's account and exclude a person from using the MAZOOLO Services if proof of age is not provided or if we suspect that a person using the MAZOOLO Services is not legally of age.
- During their engagement period and for a period of 24 months thereafter, no officer, director, employee, consultant or agent of the MAZOOLO.com or any of its group companies or its suppliers, vendors or white label partners is permitted to use the MAZOOLO Services directly or indirectly, nor is any supplier or vendor. This restriction also applies to relatives of such persons and for this purpose 'relative' includes, but is not limited to, any of a spouse, partner, parent, child or sibling.
- Your Account
- Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
- We take no responsibility for any third party access to your account and under no circumstances shall the mazoolo.com be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorized by you.
- Monies held in your account shall not attract any interest.
- Should you fail to use your account for six months your account will be considered a "dormant account". The six-month period will run from the date of your last login to your account. In the case of a dormant account, MAZOOLO.com will levy a monthly administration fee at a rate of 10% of the balance in the account on the date that it became dormant. The administration fee shall be deducted from the dormant account commencing from the last day of the sixth month in which the account is inactive and on the last day of every month thereafter, until the balance of the account has reached zero. In the event that you login to your account during the ten-month period during which the administration fee is levied, the MAZOOLO.com will cease to levy the administration fee but shall not be obligated to return to you any monies already deducted from the account at such time.
- MAZOOLO.com may from time to time implement a rounding policy in relation to monies deposited by or cashed-out to members where currency conversion is involved. The effect of this policy shall be that deposit or cash-out amounts in currencies other than US Dollars might be rounded up or down on conversion to or from US Dollars.
- We reserve the right to limit or refuse any payment made by you or through your account.
- Payment Transactions and Payment Fraud
- MAZOOLO.com may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with various different paying methods (including but not limited to electronic payment processors, online payment processors, PayPal, credit cards, etc.
- We reserve the right to run credit checks on all users with third party credit agencies, on the basis of the information provided to us on registration.
- We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
- In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall MAZOOLO.com be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
- All payments into your account must be from a single payment source, such as a credit card, debit card or charge card, on which you are the named account holder.
- MAZoolo.com members are aware that some payment processors (e.g. PayPal) have various constraints and limitations on sending and/or receiving payments.
- However, under no circumstances shall MAZoolo.com be liable for any payment and/or withdrawal that could not be processed and completed as a result of such constraints and limitations.
- Policies Governing the MAZOOLO Website
- Privacy Policy. MAZOOLO.com seeks to maintain the privacy of the information that you and other users of MAZOOLO.com’s website provide to MAZOOLO.com. MAZOOLO.com’s use of the Member Information shall be governed at all times by MAZOOLO.com’s current Privacy Policy. MAZOOLO.com shall be entitled to amend the Privacy Policy at any time in accordance with the provision for amendment of this Agreement set forth at the beginning of this Agreement.
- No Violation of Applicable Law. You agree that you will comply at all times with all applicable laws. You acknowledge that you are solely responsible for ensuring that the manner in which you transmit and receive information and use the MAZOOLO Website complies with all laws.
- International Members. International members in some countries may not use the MAZOOLO Website or access its content. IT IS MAZOOLO.COM’S ASSUMPTION THAT INTERNATIONAL USERS ARE REGISTERING TO BE A MEMBER ONLY AFTER DETERMINING THAT THEIR MEMBERSHIP VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION.
If you are an international user, you warrant that you are violating no law or regulation by your use of the MAZOOLO Website, and you shall indemnify MAZOOLO.com for any and all liability that might arise from your use of the MAZOOLO Website.
- Currency. Unless otherwise expressly stated, all amounts shall be in U.S. Dollars.
- Taxes. You are responsible for paying all applicable taxes and other costs incurred by you in connection with this Agreement.
- Links. MAZOOLO.com may, in its sole discretion, and without your consent or payment to you, place links on the MAZOOLO Website to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that MAZOOLO.com is not responsible for the operation of or content located on any such website, and MAZOOLO.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against MAZOOLO.com for any damages or losses of any kind arising from the third-party website and/or the link.
- You are expressly prohibited from framing or linking or otherwise using or displaying the MAZOOLO Website in such a manner so that it appears to be part of your own or someone else's MAZOOLO Website. You shall not deep link to any image on the MAZOOLO Website.
- Manipulation. Registered Users may not: (a) use any device, software or routine in any attempt to interfere or disrupt the MAZOOLO Website; or (b) take any action that imposes any unreasonable or disproportionately large load on the MAZOOLO Website or MAZOOLO.com’s infrastructure. MAZOOLO.com reserves the right in its sole discretion to actively pursue any Registered User which MAZOOLO.com believes to be engaging in such activities and terminate that Registered User’s membership.
- Intellectual Property Rights
- Mazoolo.com's Registered Users shall solely and exclusively retain all of their applicable intellectual property rights title and interest in the content and/or media they display within the within the MAZoolo.com website. Each Registered Users hereby grant MAZoolo.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, right to display your content and/or media within the MAZoolo.com website.
- MAZoolo.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the MAZoolo.com Service, and MAZoolo.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore. You will not acquire any right, title or interest in any rights of MAZoolo.com under this Agreement or otherwise.
- Representations and Warranties
- Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.
- You represent and warrant to MAZOOLO.com that any content you submit to MAZOOLO.com and any Product that you design, manufacture, market or sell using the MAZOOLO.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.
- DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
- Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE MAZOOLO WEBSITE AND THE SERVICES PROVIDED THEREBY, IS ENTIRELY AT YOUR OWN RISK. MAZOOLO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT (A) MAZOOLO.COM DOES NOT WARRANT THAT THE MAZOOLO WEBSITE AND SERVICES PROVIDED BY MAZOOLO.COM SHALL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, AND THE MAZOOLO WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND; (B) MAZOOLO.COM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA AND INFORMATION THROUGH THE INTERNET, AND SUCH FLOW DEPENDS ON THE PERFORMANCE OF THIRD PARTIES WHOSE ACTIONS OR INACTIONS MAY PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) ARE IMPAIRED OR DISRUPTED AND FOR WHICH MAZOOLO.COM IS NOT LIABLE; (C) MAZOOLO.COM DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE MEDIA LICENSED VIA THE MAZOOLO WEBSITE; AND (D) MAZOOLO.COM DOES NOT WARRANT THAT THE INFORMATION PROVIDED VIA THE MAZOOLO WEBSITE, WHETHER CONCERNING THE GOODS OR SERVICES OR THE MEMBER INFORMATION OR ANY OTHER SUBJECT, IS COMPLETE OR ACCURATE.
- No Consequential Damages. IN NO EVENT SHALL MAZOOLO.COM OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, INCLUDING THROUGH THE USE OF THE MAZOOLO WEBSITE OR THE PROVISION OF SERVICES THEREBY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MAZOOLO.COM''S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO MAZOOLO.COM UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE EVENT GIVING RISE TO THE CLAIM AGAINST MAZOOLO.COM AROSE.
- Indemnification. You agree to indemnify MAZOOLO.com, and its affiliates for and from any loss or damages, including reasonable attorneys’ fees, arising from or relating to out of: (a) your use of the MAZOOLO.com Service or any media posted or uploaded by you, including any alleged or actual violation of any Law directly or indirectly arising from such use; (b) any breach or alleged breach by you of the terms of this Agreement; (c) the misuse or misappropriation of Registered User Information supplied to you; and (d) the media offered to be licensed from you, whether arising from the information concerning the Media provided by you for posting on the MAZOOLO Website, the license of such media, the delivery of the media, or otherwise.
- In particular, and without limiting the foregoing, because MAZOOLO.com does not and cannot control the actions of its Registered Users, in the event that you have a dispute with one or more Registered Users, you hereby agree to indemnify and release MAZOOLO.com and its Affiliates from any and all claims, demands, liabilities, losses and damages (both actual and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such dispute.
- Additional Terms. The following agreements, rules and policies contain additional terms and conditions that govern your use of the MAZOOLO.com Service. MAZOOLO.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the MAZOOLO.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.
- MAZOOLO.com may collect and share your information as provided for in its Privacy Policy.
- Termination
- At any time and with or without cause, MAZOOLO.com may immediately terminate this Agreement or any or all of rights and privileges granted to you or any of the other Registered Users hereunder, and MAZOOLO.com may also suspend your use of the MAZOOLO Website or refuse to provide you access to the MAZOOLO Website or the services provided thereby. You may terminate this Agreement at any time upon written notice to MAZOOLO.com. In no event shall any termination, suspension or refusal to provide access by either MAZOOLO.com or you act to relieve you of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal.
- If you or MAZOOLO.com terminate your account, or if MAZOOLO.com takes any action pursuant to Section 13.1, MAZOOLO.com may delete any websites, web pages, files, graphics or other content or materials relating to your use of the MAZOOLO.com Service on MAZOOLO.com's servers or otherwise in its possession and MAZOOLO.com will have no liability to you or any third party for doing so. If you or MAZOOLO.com terminate your account you must immediately remove all links to the MAZOOLO.com website from any websites you operate and cease representing yourself as a Registered User and/or member.
- Miscellaneous Provisions
- Notices. All notices, requests, demands or other communications required or permitted to be given pursuant to the Agreement shall be in writing and shall be deemed to have been given (A) ten (10) days after mailing to your address on file with MAZOOLO.com, if sent by registered or certified mail, return receipt requested, postage prepaid, (B) one (1) day after mailing if sent by nationally recognized overnight courier for next day delivery, (C) upon transmission if sent by facsimile or electronic mail with a confirmation copy simultaneously sent by U.S. mail, first class, postage prepaid, or (D) six (6) hours after being posted by MAZOOLO.com on the MAZOOLO website.
- Equitable Remedies. Both parties acknowledge and agree that money damages and other remedies at law may not provide an adequate remedy in the event of a breach of this Agreement. Therefore, in addition to any other remedies that may be available, the nonbreaching party shall be entitled to seek injunctive relief or specific performance or other equitable remedies without the necessity of posting bond.
- Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
- Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other causes beyond the control of such party, provided that such party gives the other written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its best efforts to cure the delay ("Force Majeure"). In the event of such Force Majeure, the time of performance or cure shall be extended for a period equal to the duration of the Force Majeure but in no event shall exceed three (3) months.
- Assignment; Successors and Assigns. This Agreement and the rights granted by MAZOOLO.com to you hereunder may not be assigned or transferred by you without the prior written consent of MAZOOLO.com. MAZOOLO.com may assign this Agreement without obtaining your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and permitted assigns.
- Severability. The invalidity or unenforceability of any provision or portion thereof in any jurisdiction shall not affect the validity, legality or enforceability of the remaining provisions and remainder of such provision in such jurisdiction or the validity, legality or enforceability hereof, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by law.
- Headings. The section headings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- Attorney’s Fees. In a dispute concerning this Agreement, the prevailing party shall be entitled to attorneys’ fees, together with expenses and costs incurred in connection with such enforcement.
- No Custom. It is expressly understood and agreed that, there being no expectation of the contrary between the parties, no usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties, will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement.
- Waiver. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
- Relationship to Parties. Nothing in this Agreement shall be deemed to create a partnership, joint venture, franchise, representative, agency or employment relationship between the parties. Neither party to this Agreement shall have authority, express or implied, to act for or bind or otherwise obligate the other in any manner whatsoever. Persons retained by a party as employees or agents shall not be deemed to be employees or agents of the other party. Choice of Law; Jurisdiction and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the Nederland without regard to its conflict of law provisions. The parties irrevocably submit themselves to the exclusive jurisdiction of the competent courts located in Nederland for the purpose of bringing any action that may be brought in connection with this Agreement. The parties agree that they shall not assert any claim that they are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. To the maximum extent permitted by law, the notice provision of this Agreement shall apply to service of process with respect to any action brought under this Agreement.
- Entire Agreement; Amendment. This Agreement and theother documents incorporated by reference herein, constitute the entire understanding and agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement. With respect to transactions already entered into on the MAZOOLO Website, this Agreement shall not be altered, amended or supplemented without the prior written consent of the parties. You hereby agree to permit MAZOOLO.com to amend this Agreement in its sole discretion with respect to your use of the MAZOOLO Website and transactions entered into on the Website from and after the date of such amendment.