Data Disclaimer
AMM Properties, LLC makes no warranty, express, implied, or otherwise regarding the accuracy, completeness or usefulness of the data provided on this application, and the User shall consider and use that data at its own sole risk and discretion.
PRIVACY POLICY
(Effective October 15, 2015)
Welcome to our digital platform (“Application”), an interactive digital service operated by AMM Properties, LLC and its subsidiaries (“us”, “we”, or “our”). This Privacy Policy, together with the Terms of Use posted on our Application, sets forth the general rules and policies governing your use of our Application. Depending on your activities when visiting our Application, you may be required to agree to additional terms and conditions.
We respect your privacy and are committed to protecting personally identifiable information you may provide us through our Application. We have adopted this Privacy Policy to explain what information may be collected on our Application, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through our Application and does not apply to our collection of information from other sources, including offline and/or manually processed data.
We generally keep this Privacy Policy posted on our Application and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR APPLICATION, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR APPLICATION.
Changes: If, at any point, we decide to use your personally identifiable information in a manner materially different than what was stated at the time it was collected, we will notify you of this change by e-mail to the last e-mail address provided to us. You will have a choice (by means of an “opt out” opportunity) as to whether or not we use their information in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out of the new policy.
Our Application typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, that we automatically collect when you visit our Application or that you provide us.
(1) Personally Identifiable Information: Our definition of personally identifiable information includes any information voluntarily provided by you that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Application. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature or some other aspect of our Application. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in some instances this type of information may be needed to take advantage of a feature, benefit, or to access certain content on the Application
(2) Non-Personally Identifiable Information: Our definition of non-personally identifiable information is any information that does not personally identify you. Non-personally identifiable information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personally identifiable information from you when you access our Application. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party Application from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider, the search terms you use on our Application, the specific web pages you visit, and the duration of your visits.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you information on our products or those of our parent company, subsidiaries or other affiliated companies (“affiliated companies”), or to communicate with you about content or other information you have posted or shared with us via our Application. You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies, as set forth below.
Furthermore, portions of this Application may be password protected. Only a registered user will have access to these portions and the registration process may require Personal Information. Our employees, affiliates, partners or contractors may have access to the user’s Personal Information to perform certain site or database support and maintenance tasks or to provide the offered services. We will require these partners and contractors to provide the same level of privacy protection as we do. By submitting Personal Information users agree to the disclosure of such to our employees, affiliates, partners and contractors for these purposes.
(2) Non-Personally Identifiable Information: We use non-personally identifiable information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from others. We may share your non-personally identifiable information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
C. COOKIES
We automatically receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many Applications, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Application. “Cookies” are small files that we transfer to your computer’s hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of our Application. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.
Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Application, including the URL you come from and go to next (whether this URL is on our site or not); and cookie number. It is important to note that the cookies and Web beacons that we use do not contain and are not tied to personally identifiable information.
If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your Web browser or hard drive. You may also delete a cookie manually from your hard drive through your internet browser or other programs. Please note, however, that some parts of our Application will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.
D. OTHER USES & INFORMATION
1. IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that “serve up“ web pages) automatically identify your computer by its IP address. When visitors request pages from our Application, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Application. IP addresses are considered non-personally identifiable information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor‘s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Application rules or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Application, or other users; or (d) in an emergency to protect the health and safety of our Application’s users or the general public.
2. Email Communications: If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below ; provided, however, we reserve the right to send you transactional emails such as customer service communications.
3. Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personally identifiable information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
4. Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you if we are required to do so by law , with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Application, or other users; or (d) in an emergency to protect the health and safety of our Application‘s users or the general public.
5. Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. This law may apply to you and, if so, you are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: AMM Properties, LLC, PO BOX 2129, Coppell, TX 75019.
E. PUBLIC FORUMS
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Application can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Application.
F. CHILDREN
The Application is not intended for children. As such, we do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he/she disclosed personally identifiable information to us, contact us at [email protected].
A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
G. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
H. OTHER SITES/LINKS
Our Application may link to or contain links to other third party applications that we do not control or maintain, such as in connection with purchasing products referenced on our Application and banner advertisements. We are not responsible for the privacy practices employed by any third party Application. We encourage you to note when you leave our Application and to read the privacy statements of all third party Applications before submitting any personally identifiable information.
I. CONTACT & OPT-OUT INFORMATION
You may contact us as at [email protected] if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others.
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Application.
J. SOLE STATEMENT
This Privacy Policy as posted on this Application is the sole statement of our privacy policy with respect to this Application, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Application. This policy may be modified from time to time with no prior notice to users.
TERMS OF USE
(Effective October 1, 2015)
1. INTRODUCTION AND ACCEPTANCE
Welcome to the AMM Properties, LLC website (“Application”), an interactive online service operated by AMM Properties, LLC, a New Mexico Registered LLC ( “us,” “we,” or “our”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION.BY ACCESSING AND/OR USING THE APPLICATION (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT; ADDITIONAL TERMS.” IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE APPLICATION.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy is posted on the Application and is incorporated by reference into these Terms of Use. By accessing or using the Application, you are also signifying your acknowledgement and agreement to our Privacy Policy.
2. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
(A) The Application and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Application Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Application are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Application or any Application Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
(B) You have been granted access to the Application for purposes of fulfilling your employment obligations to your employer, with whom we have a contractual relationship. The Application Content is hereby designated as Confidential Information under our agreement with your employer. By accessing the Application, you agree to use the Application Content only in furtherance of your employment obligations, to keep the Application Content confidential, and to not share the Application Content with anyone not employed by your employer.
3. APPLICTION ACCESS AND USE
(A) Access to the Application including, without limitation, the Application Content is provided for your information and personal, non-commercial use only. When using the Application, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Application Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Application Content or both. In such a case, you may download or print (as applicable) one copy of Application Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Application Content.
(B) Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Application or Application Content; (ii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Application or Application Content for any purpose without our express written permission.
4. APPLICATION CONTENT & THIRD PARTY LINKS
We provide the Application including, without limitation, Application Content for informational and analytical purposes only. In many instances, Application Content will include content posted by a third-party or links to third-party Applications, which we do not control. Regardless, you may not rely on any information and opinions expressed on our Application for any purpose and we make no representations or warranties regarding the reliability or accuracy of the same. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Application Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Application Content.
5. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Application (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(B) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
6. INDEMNIFICATION
You agree to indemnify and hold harmless AMM Properties, LLC and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:(i) your access to or use of the Application; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
7. DISCLAIMER S
(A) YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, AMM PROPERTIES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE APPLICATION OR APPLICATION CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR APPLICATION OR ACCESSED THROUGH THE APPLICATION; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION; (6) WARRANTIES THAT YOUR USE OF THE APPLICATION WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL AMM PROPERTIES, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIESBE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AMM PROPERTIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE APPLICATION OR THESE TERMS OF USE.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT IS TO STOP USING THE APPLICATION. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE APPLICATION OR ANY LINKS ON THE APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE APPLICATION OR ANY LINKS ON THE APPLICATION.SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE APPLICATION.
(B) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
9. CHOICE OF LAW ; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Georgia without regard to its conflict of laws rules. Any legal proceedings against AMM Properties, LLC that may arise out of, relate to, or be in any way connected with our Application or these Terms of Use shall be brought exclusively in the state and federal courts of Albuquerque, NM and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
10. DISPUTE RESOLUTION & MANDATORY ARBITRATION
(A) You and AMM Properties, LLC each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at AMM Properties, LLC, PO BOX 2129, Coppell, TX. We will contact you based on the contact information you have provided us.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(C) You and AMM Properties, LLC each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial International Rules of Arbitration in effect when the claim is filed. The arbitration shall take place in or about Albuquerque, NM. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrators shall apply Georgia law, without regard to its rules of conflict of law. Either party may at their option apply to a court of competent jurisdiction to enforce the award or judgment of the arbitrators.
(D) You and AMM Properties, LLC acknowledge that each is entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
11. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Application or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Application generally, unique parts of the Application, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Application or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Application from time to time for any changes or Additional Terms. Your access and use of any the Application following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Application and, if applicable, terminate your Membership.
12. MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
(C) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to the Application.
(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.