shopping.eGismos.com WEB SITE USE AGREEMENT
This version in force since November 26th, 2005
Please read this agreement carefully. It governs your use of the eGismos On Line Shopping Web Site (shopping.eGismos.com) and the services and goods provided
through the web site (collectively the "Web Site"). It exempts eGismos and other persons from liability or limits their liability and
contains other important provisions that you should read. Each time you
use the Web Site you acknowledge and signify that you have read,
understood, and agreed to be bound by this agreement. If you do not
agree with each provision of this agreement each time you use the Web
Site, you may not use the Web Site.
Each time you use the Web Site, the text of this agreement as it then
reads will govern your use. Accordingly, when you use the Web Site you
should check the date of this agreement and review any changes since
the last version.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the Web Site
9. Information Submissions
10. Ownership and Permitted Use of the Web Site
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the Web Site
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and eGismos Technology Corporation ("eGismos"), and governs your use of the Web Site and its content and the
services and goods provided through the Web Site. Each time you use the
Web Site you signify your acceptance and agreement, and the acceptance
and agreement of any person you purport to represent (and for purposes
of this Agreement, "person" includes any type of incorporated or
unincorporated entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant that you have
the legal authority to agree to and accept this Agreement on behalf of
yourself and any person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not authorized to
agree to and accept this Agreement, or you do not have the legal
authority to agree to and accept this Agreement, you may not use the
Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner.
eGismos may, in its sole discretion, change, supplement or amend
this Agreement as it relates to your future use of the Web Site from
time to time, for any reason, and without any notice or liability to
you or any other person, by posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons who have
reached the age of majority or legal age in their jurisdictions and who
can form legally binding contracts under applicable law. The Web Site
may not be used by persons in jurisdictions where access to or use of
the Web Site or any part of it may be illegal or prohibited. It is
solely your responsibility to determine whether your use of the Web
Site is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS
eGismos endeavours to provide current and accurate information on
the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, eGismos reserves the right to change the prices, fees
and charges regarding the goods and services available through the Web
Site at any time and from time to time without any notice or liability
to you or any other person. Also, eGismos cannot guarantee that
goods or services advertised on the Web Site will be available when
ordered or thereafter. eGismos also reserves the right at any time
to reject, correct, cancel or terminate any order for any reason
whatsoever. If you order goods or services for which the price was
incorrectly displayed, eGismos will provide you with an opportunity
to place an order at the correct price. If you order goods or services
that are not available, eGismos will notify you by email. eGismos reserves the right to limit quantities licensed or sold.
The advertisements on the Web Site are invitations for purchase
orders, and are not offers to sell. Your properly completed and
delivered order form constitutes your offer to purchase the goods or
services referenced in your order. Your order shall be deemed to be
accepted only if and when eGismos sends both an order acceptance
and shipment notice email to your email address. The order acceptance
and shipment notice email constitutes eGismos acceptance of your
order. If you wish to cancel an order, you may request a cancellation
by sending an email to service@eGismos.com.
However, eGismos may not receive and process your cancellation
request before it accepts and processes your order, in which case your
cancellation request may not be effective.
5. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE
WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT
CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN
OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK
PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO
ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
eGismos strives to make your use of the Web Site a useful and
enjoyable experience, and a safe and easy way to purchase goods over
the Internet. Nevertheless, eGismos and its service providers (the
"Providers") do not accept any liability for your use of the Web Site.
For that reason, the following provisions apply to your use of the Web
Site:
- DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY EGISMOS AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT EGISMOS OR THE PROVIDERS) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER
EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE
WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND EGISMOS CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE
CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS
CANNOT BE ELIMINATED.
EGISMOS IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO
ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH
TRANSACTIONS ARE AT YOUR OWN RISK. EGISMOS IS NOT A PARTY TO ANY
SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL
SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EGISMOS AND ITS
PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
-
THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR
WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
-
THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND EGISMOS AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
EGISMOS AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF
PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS
OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY
OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR
RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON AND
NOTWITHSTANDING THAT EGISMOS OR ITS PROVIDERS MAY HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY
OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL EGISMOS OR ANY OF ITS PROVIDERS TOTAL LIABILITY
TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY EXCEED $25 (USD) OR THE AMOUNT
YOU PAID TO EGISMOS FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF EGISMOS
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND
KIND WHATSOEVER AND HOWSOEVER ARISING IN THE ABSENCE OF NEGLIGENCE ON
THEIR PART, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB
SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF EGISMOS
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND
AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE
INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT
OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR
BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS
REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY
SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY EGISMOS OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY
OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR
INFORMATION.
The exclusion of certain warranties and the limitation of certain
liabilities are prohibited by legislation in some jurisdictions. Such
legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the
termination of this Agreement
7. LOGIN NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of a unique login name
and password. The use of a password does not restrict access by eGismos and its Providers to the password-protected information. Login
names and passwords may not be shared. For security reasons, you must
keep your login name and password confidential and not disclose them to
any person or permit any other person to use them, except an authorized
eGismos representative. Also, passwords must be non-obvious,
hard-to-guess, confidential and changed on a regular basis, and you
must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your
login name and password and for all activities that occur under your
login name and password. You must ensure that all uses of your login
name and password comply with this Agreement.
You must immediately notify eGismos of any unauthorized use of your
login name or password, or if you know or suspect that your login name
or password has been lost or stolen, has become known to any other
person, or has been otherwise compromised.
All login names and passwords remain the property of eGismos, and
may be cancelled or suspended at any time by eGismos without any
notice or liability to you or any other person. eGismos is not
under any obligation to verify the actual identity or authority of the
user of any login name or password.
You must respond promptly to all email and other correspondence from
eGismos, including without limitation email and correspondence
concerning complaints or concerns regarding your use of your login name
or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN
BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
eGismos may at any time and for any reason, with or without cause,
and in its sole discretion, immediately suspend or terminate (in whole
or in part) your permission to use the Web Site and your user password,
all without any notice or liability to you or any other person.
eGismos may at any time and for any reason, with or without cause,
and in its sole discretion, immediately suspend or terminate (in whole
or in part) your permission to use the Web Site and your user password,
all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated
by you or eGismos for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior use
of the Web Site and your purchases of goods and services through the
Web Site and anything connected with, relating to or arising from those
matters.
9. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including
registration information (name and email address), payment information
(credit card numbers and expiration dates), and transaction-related
information, must be true, accurate, current and complete. Each time
you make a purchase through the Web Site, you must ensure that all your
account information is current. You must update any information that
has changed since your last purchase.
eGismos will rely on the information you provide. You will be
solely responsible and liable for any and all loss, damage, and
additional costs that you, eGismos or any other person may incur as
a result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information and
payment information. eGismos may require a copy of a
government-issued form of identification before making any changes to
your registration information.
10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio
forms), images, icons, software, design, applications and other
elements available on or through the Web Site are the property of
eGismos, its Providers and others, and are protected by Canadian
and international copyright, trade-mark, and other laws. Your use of
the Web Site does not transfer to you any ownership or other rights in
the Web Site or its content. You may only use the Web Site in the
manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by
this Agreement. In particular, except as expressly stated otherwise in
this Agreement, the Web Site may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without the
express prior written consent of eGismos. You may not use any of
the software that is used in the operation of the Web Site except while
you are use the Web Site. You may not reproduce, copy, duplicate, sell,
or resell any part of the Web Site (including the software used in the
operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may
access and browse the Web Site using commercially available,
SSL-capable Web browser software. You may print or download the pages
of the Web Site for your personal use provided that you do not modify
any of the Web Site pages or other content and you do not remove or
alter any visible or non-visible identification, marks, notices, or
disclaimers.
11. PERSONAL INFORMATION PRIVACY
eGismos collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here .eGismos may change the Privacy Policy from time to time in its sole
discretion. By accepting this Agreement, and each time you use the Web
Site, you consent to eGismos collection, use and disclosure of
your personal information in accordance with the Privacy Policy as it
then exists without any further notice or any liability to you or any
other person.
12. TRADE-MARK INFORMATION
eGismos™, the eGismos logo and other
eGismos owned trade-marks appearing on the Web Site, are registered
and unregistered trade-marks and trade names owned by eGismos Technology Corporation or licensed to eGismos. Other product and company names and
logos appearing on the Web Site may be registered or unregistered
trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos
(collectively "Marks") displayed on the Web Site, except as expressly
provided in this Agreement, is strictly prohibited. Nothing appearing
on the Web Site or elsewhere shall be construed as granting, by
implication, estoppel, or otherwise, any licence or right to use any
Marks displayed on the Web Site.
13. OTHER SITES
The Web Site may include advertisements for, and links to, other web
sites or resources and businesses operated by other persons ("Other
Sites"). Other Sites are independent from eGismos, and eGismos
has no responsibility or liability for or control over Other Sites,
their business, goods, services, or content. Links to Other Sites are
provided solely for your convenience. eGismos does not sponsor or
endorse any Other Sites or their content or the goods or services
available through those other Web Sites. Your use of Other Sites and
your dealings with the owners or operators of Other Sites is at your
own risk, and you shall not make any claim against eGismos arising
out of your use of any Other Sites or your dealings with the owners or
operators of any Other Sites. As between you and eGismos, the
provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and Indemnity apply,
with all necessary modifications, to your access to and use of any
Other Sites and their business, goods, services, and content.
14. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of eGismos are strictly prohibited. To request permission to link to the Web
Site, please contact webmaster@eGismos.com.
eGismos reserves the right to cancel and revoke any permission it
may give to link to the Web Site at any time, for any reason, without
any notice, and without any liability to you or any other person. The
framing of the Web Site or any of its content in any form and by any
method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey™ or Third Voice™ in
connection with your use of the Web Site or to post comments,
communications, or any other data of any kind to or on the Web Site
with the intention that such postings may be viewed by other users of
the Web Site.
eGismos does not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements, processes,
materials, marketing plans, or new product names. The purpose of this
policy is to avoid potential misunderstandings or disputes.
Accordingly, please do not send any unsolicited ideas, suggestions or
other materials ("Submissions") to eGismos or the Web Site.
If you send Submissions to eGismos or the Web Site you
automatically grant (or warrant that the owner of the Submissions
grants) to eGismos and its assigns a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide, assignable,
sub-licensable, right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, display and otherwise exploit the Submissions or any ideas,
concepts, know-how or techniques associated with the Submissions for
any purpose whatsoever, commercial or otherwise, using any form, media
or technology now known or later developed, without providing
compensation to you or any other person, without any liability
whatsoever, and free from any obligation of confidence or other duties
on the part of eGismos or its assigns, and you agree, represent and
warrant that all moral rights in the Submissions are waived in favour
of eGismos and its assigns.
16. TRANSACTION AGREEMENTS
All transactions through the Web Site, including the purchase and sale
of goods and services and the licensing of software, are governed by
this Agreement and any applicable Transaction Agreement. By using the
Web Site or by participating in a transaction through the Web Site, you
signify your agreement and acceptance of this Agreement and, if
applicable, the Transaction Agreement.
17. SOFTWARE AGREEMENTS
eGismos may cause software to be available for you to download from
the Web Site or through other Web sites, including Web sites operated
by Providers. The software is protected by copyright, and your
downloading and use of the software are governed by the applicable
Transaction Agreement and the Software Licence Agreement specific to
the software. By downloading software, you signify your agreement and
acceptance of the applicable Transaction Agreement and Software Licence
Agreement.
18. CONTESTS
From time to time eGismos may make contests available to users of
the Web Site and others. All contests are governed by this Agreement
and the applicable Contest Rules. By participating in a contest through
the Web Site, you signify your agreement and acceptance of this
Agreement and the applicable Contest Rules.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by eGismos from Burnaby, British
Columbia. This Agreement, your use of the Web Site, and all related
matters are governed solely by the laws of the British Columbia, Canada
and applicable federal laws of Canada (and in the event of use of the
Web Site in Quebec, by a resident of Quebec, they shall be governed by
the laws of Quebec), excluding any rules of private international law
or the conflict of laws which would lead to the application of any
other laws.
Any dispute between eGismos and you or any other person arising
from, connected with or relating to the Web Site, this Agreement or any
related matters must be resolved before the Courts of British Columbia
sitting in the City of Vancouver, British Columbia, Canada (and in the
event of use of the Web Site in Quebec by a resident of Quebec, the
dispute shall be resolved by the courts of Quebec, and you hereby
irrevocably submit and attorn to the original and exclusive
jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with,
or relating to your use of the Web Site, this Agreement, or any related
matters must be commenced in a court of competent jurisdiction in the
City of Vancouver, British Columbia, Canada (in the event of use of the
Web Site in Quebec by a resident of Quebec, before any competent court
of Quebec) within six (6) months after the claim or cause of action
arises, after which time the claim or cause of action is forever
barred, regardless of any statute or law to the contrary.
20. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed to be
severed from the rest of this Agreement and shall not affect the
validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be
binding upon each of eGismos and its Providers and each of their
respective successors and assigns and related persons, and you and your
heirs, executors, administrators, successors, permitted assigns, and
personal representatives. You may not assign this Agreement or your
rights and obligations under this Agreement without the express prior
written consent of eGismos, which may be withheld in eGismos
sole discretion. eGismos may assign this Agreement and its rights
and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or
default under this Agreement will constitute a continuing waiver of
such breach or default or be deemed to be a waiver of any preceding or
subsequent breach or default.
You and eGismos are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship is
intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to eGismos.
This Agreement is subject to change without notice.
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