Studio Manager GTC

Agent Communications and Advertising Services Agreement

Thank you for your interest in receiving services from Camagogo.com. Please note that you must accept and agree to the following Communications and Advertising Services Agreement in order to receive the services which are described below. Entering into this agreement allows you to receive services to which an Camagogo.com host is entitled (as detailed below) but it also entails certain responsibilities and requires you to make certain representations.  By clicking "accept", you expressly agree to be bound by all of the terms of this Services Agreement.

By accepting this Agreement and proceeding with your registration, you agree that while using the Camagogo.com services obtained via http://www.Camagogo.com (the 'Site'), you shall adhere to the terms of this Agreement with us. You as an agent ("Agent") will be provided services by Camagogo.com pursuant to this Agreement.  Subhosts whom you select and we approve ("Subhost") shall also be able to use these services, but for all legal purposes our agreement and legal relationship is exclusively with you as the Agent.  For purposes of convenience, references to "Hosts" below shall be deemed to refer to your Subhosts.  Agent is liable for ensuring that Agent's Subhost's act in compliance with this Agent Services Agreement, and that the Agent's Host's act in accordance with the "Agent-Subhost Agreement" into which you must enter with the Subhost and which must be delivered to Camagogo.com.

1.       THE SERVICES: Camagogo.com shall provide you and the Subhosts you engage with the following services:

a.       Communications Services: Camagogo.com shall provide you with the following communications services (the 'Communications Services'):

1.       Camagogo.com shall provide video/audio/text chat communications system ('Chat System') allowing Hosts to chat with persons who choose to receive information/content from them via chat ('Guest').  Via the directory of Hosts (like a phone book that dials for you) located on the Site (the 'Directory'), Guests are able to initiate contact with Hosts (including in scheduled sessions) from whom they wish to receive information/content.  Where the Host accepts the Guests into a Host-Guest Chat Session ('HGCS'), internet communications software provided to the Host (the 'Software') enables the Host to connect directly ('peer-to-peer'), i.e., not via the Site's systems, through the internet with the computer of the Guest and provide information/content via audio/video (and text) chat.  A guest may also elect to chat via audio/video (or text) directly to the Host.  Up to 3 Guests can be connected to the Host at the same time.

2.       Camagogo.com shall provide Host with use of a message center which allow Members to put queries or requests to Hosts and allows Hosts to communicate and provide content/information to Members by text messaging with Members ("Message Center").

3.       Camagogo.com shall provide Hosts with platforms and tools which allow Hosts to provide specialized services or to advertise the services Hosts offer to members as a Host ('Host Platforms').

Camagogo.com disclaims any and all liability in the event of the disruption or malfunction of the Communications Services.  Your only remedy in such a case is to cease using the Communications Services.

b.       Advertising Services

1.       Camagogo.com may in its absolute discretion advertise the services of Hosts offered generally via the Site and on third party sites.  Camagogo.com shall decide in its absolute discretion upon the way of promoting the Host on the Site, including, without limitation, the location of the Host within the Directory and elsewhere on the Site, the manner of representation of the Host on the Site and the ranking of the Host in rankings created by Camagogo.com on the Site.

2.       Camagogo.com may in its absolute discretion advertise a particular Host's services on and off the Site (e.g. - on any other web site) and may in its absolute discretion grant access to third parties (affiliates of Camagogo.com) to advertising materials which the third parties may then use to promote the Site and the Communications Services generally and/or the services of the particular Host.

(together, the 'Advertising Services')

(the Advertising Services and the Communications Services, together the "Services")

2.       HOST AGE: Agent represents that all Hosts engaged by Agent are at least 18 years of age and of legal age in Host's jurisdiction (21 years where required under applicable law).

3.       AMENDMENT OF AGREEMENT: Camagogo.com shall be entitled to amend this Agreement, the Terms and Conditions of the Site and the rules and regulations appearing elsewhere on the Site, at any time by amending it on the Site.  By you or your Hosts entering into the Site or using the Communications Services after the amendment you indicate your agreement to the amendment.  It is your responsibility to regularly review this Agreement, the Terms and Conditions and the other rules and regulations appearing elsewhere on the Site.

4.       NON-ASSIGNABILITY/THEFT OF LOGIN: Persons approved by us to act as Hosts and Agents, shall not be entitled to assign or transfer that eligibility to any other person.  Nor shall any Host or Agent provide his or her username/password to any other person.  Host or Agent, as the case may be, must immediately inform us of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Agent will remain personally liable for any unauthorized use of the Services.

5.       INFORMATION/CONTENT:  Information/content provided by Host via the Communications Services is determined in the Host's (or Agent's) absolute discretion. Camagogo.com shall not (and cannot reasonably) control the information/content communicated by you via the Communications Services.  You are responsible and legally liable for the information/content provided by all participants particularly in your Host's HGCS's and as a general matter by your Hosts via the Communications Systems.  Agent undertakes to ensure the compliance of Agent's Host's with all of the following -

a.       Host undertakes that all information/content provided by the Host via the Communications Services shall satisfy the local laws and regulations applicable to the Host and to the Guest(s) including in the EU and the United States.

b.       Host shall possess all necessary intellectual property rights, interests, and licenses necessary to allow him/her to present the information/content presented by the Host via the Communications Services.

c.       Host hereby represents that all participants in an HGCS will be at least 18 years of age (21 years in jurisdictions in which age of majority is 21) and of legal age in the jurisdiction of residence. 

d.       Host shall not cause the image of any other person (excepting other persons who are registered as hosts with Camagogo.com) to be transmitted via the Communications Services.

e.       Without derogating from the requirement that all users of Communications  Services (Hosts and Members) must have reached their legal majority, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden when using the Communications Services.   bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations - actual or depicted, incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture and any conduct which may be judged "obscene" by the standards of Host's community, or the community of Guest/s. Camagogo.com strongly suggests that Host consults a local attorney at law in order to get advice on where Host's community draws the line on obscenity ('Forbidden Content').  The following also constitutes 'Forbidden Content': defamatory, abusive, threatening, racially offensive, or illegal material. If Camagogo.com suspects that Host has provided Forbidden Content via the Communications Services or has allowed Forbidden Content on an HGCS, Host's account will be frozen immediately for further investigation and the Host faces permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

f.         Host has no obligation to Camagogo.com or anyone else to perform as a Host or to accept a Guests' requests.  Do not accept requests which would cause you to violate this Agreement or applicable law.  

6.       APPROVALS AND REQUIREMENTS OF Camagogo.COM

a.       Camagogo.com's advance approval is required in order to act as a Host.  Such approval is within the absolute discretion of Camagogo.com.

b.       Camagogo.com may request at any time, and Agent and Host will be obligated to provide Camagogo.com with any required document including but not excluding: legally identifying identification documents, which prove the Host’s age and a signed copy of this Agreement. In any case Host and Agent do not provide Camagogo.com with requested documents, Host and Agent face immediate and permanent termination, cancellation and forfeiture of all credits from Camagogo.com.  Agent hereby agrees that if Host provides Camagogo.com with false identification regarding his/her name and/or date of birth, Agent and Host will not hold Camagogo.com liable, under any circumstances, as Host and Agent understands that this identification was accepted in good faith and to ensure that Host is at least 18 years of age or age of majority in Host’s country ('Falsification of Documents').  In the event that Camagogo.com suspects that Host or Agent has provided false documents, Agent's and/or Host's account will be frozen immediately for further investigation and the Agent and Host face permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

c.       If Camagogo.com requests to receive a signed copy of this Agreement, Agent must provide the same or the Agent faces immediate and permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

7.       CERTAIN OBLIGATIONS OF HOST

a.       The Agent and Agent's Hosts shall be subject mutatis mutandis to the Terms and Conditions of the Site.  The Agent and Hosts shall not act in violation of those Terms of Use or cause or procure any other person to violate them.  In addition to this Agreement and the Terms and Conditions of the Site, the Site includes additional terms and conditions that are published on specific pages on the Site, and shall also apply to Agents and Hosts. These additional terms and conditions may restrict or otherwise effect your rights in connection with the Site or the Communication Services.  If any provision of these terms and conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these terms and conditions enforceable.

b.       Agent and Hosts shall not use the Communications Services or any of the other services, features and/or facilities available on or through the Site for any commercial purposes whatsoever, except as specified in this Agreement and to the extent they mutually benefit Camagogo.com and the Agent and Hosts. Agent and Hosts may not use the Communications Services or any of the other services, features and/or facilities available on or through the Site to promote or act on behalf of any other person, entity or business on or off the internet.

c.       Agent and Hosts shall not contact any Member of the Site for the purpose of supplying the Member with services outside the framework of the Communications Services thereby circumventing payment by the Member via Camagogo.com's payment system.  Host shall not solicit or encourage members to purchase services and/or features which may directly or indirectly compete with the Site or the Communications Services or the services provided by our Hosts.

d.       Under no circumstances will Agent and/or Hosts make use of Camagogo.COM services in any way, to request or procure financial help and/or assistance and/or payment of any kind.

e.       Under no circumstances will Agent and/or Hosts use or try to use the Communications Services in order to promote or procure any meetings or direct physical contact with any Members and/or any other third party.

f.       Agent and Hosts shall not transmit emails promoting Camagogo.com or the Host's activities on Camagogo.com other than emails sent via Camagogo.com.  Agent agrees that neither Agent nor Hosts shall procure or encourage the transmission by any third party of emails promoting Camagogo.com or the Host's activities on Camagogo.com ('Forbidden Emailing Activities').  If Camagogo.com suspects that Agent or Host is engaged directly or indirectly in such emailing activities, Agent and/or Host's account will be frozen immediately for further investigation and the Agent and/or Host faces permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

8.       HOST & Camagogo.COM RELATIONS

a.       Relationship Between Agent and Camagogo.com: Camagogo.com is an independent contractor providing services to the Agent.  Neither party is employed by the other party through a common-law employee/employer relationship or actual employee/employer relationship. Host shall not present himself/herself as an employee or any other kind of representative of Camagogo.com.  Camagogo.com has no legal relationship with Hosts.

b.       Agent and Hosts must open all emails sent to them by Camagogo.com in order to be updated regarding important items related to the Communications and Advertising Services. Agent and Hosts must regularly check agent page and host pages, respectively, in order to be updated regarding important items related to the Communications and Advertising Services.

c.       Camagogo.com will be entitled to perform occasional monitoring, at its own discretion, of the activities of the Hosts via the Communications Services.  This allows Camagogo.com, inter alia, to analyze and develop methods for improving services to all of its hosts and Members.

9.       LICENSE: Agent hereby grants Camagogo.com a general royalty-free, perpetual and exclusive license to use – including providing them to third party sites - still and video images (including audio and text portions) of your Hosts held by Camagogo.com.  The said license includes without limitation the right to copy, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology including without limitation for purposes of advertising the Site on the site or off the Site (e.g. - on any other web site) and for purposes of providing third parties with promotional materials or for any other purposes. It is hereby clarified that upon termination of this Agreement, by either party, Camagogo.com shall continue to hold the aforesaid license in its entirety.  Materials created in connection with the Advertising Services or the Communication Services may not be used for any commercial purpose, outside the Camagogo.com site, without the prior written consent of Camagogo.com.   The Agent shall ensure execution of the Agent-Subhost Agreement which grants the Agent the right to provide the aforesaid licenses.

10.   PAYMENTS TO AGENTS:  Every HGCS is timed and priced according to the billing rate and terms specified in the relevant Agent Income Sources sections below. (For all hosting categories other than Sexual Stress Relief, see "Agent Sources of Income" immediately below.  For Sexual Stress Relief go to "Agent Sources of Income for Sexual Stress Relief Category" further below.)  It is hereby clarified that Camagogo.com may, at its own discretion and at any time, change these billing rates and Agent shall be entitled to payments according to the then new billing rates. Pricing to guests for tutorials, Q&A and other materials are not fixed and are determined as described on the Site.  See "Agent Sources of Income" below for information on billing rates for Hosts.  For the avoidance of doubt it is hereby agreed that it is the Agent's sole responsibility to be updated on all of the Site's terms and conditions as well as all other billing and payment issues, as published on the Site and occasionally changed.  

11.   SEXUAL STRESS RELIEF CATEGORY – SPECIAL PROVISIONS: Agent undertakes to ensure the compliance of Agent's Host's with all of the following -

j.         Sexually explicit content/information is only allowed in HGCS's and Host Promotional Platform content provided for Members entering via "Sexual Stress Relief".   

k.       Camagogo.com prohibits minors from acting as hosts in all cases and is particularly concerned to prevent minors from acting as Hosts in the category of "Sexual Stress Relief."  We must be provided by you with copies of identification documents – passport, driver's license, or similar ID which indicate that Host has reached his/her legal majority and a list of other names (aliases or stage names) used by the Host.  Hosts located in the US must provide US documents. 

l.         Legible copies of such materials must be provided to Camagogo.com in the manner Agent is instructed by Camagogo.com before approval of Host and from time to time.  

m.     These identification documents are also stored in connection with 18 U.S.C. § 2257.  IF SO REQUIRED UNDER 18 U.S.C. § 2257 OR OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY OR ITS REPRESENTATIVE.  BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE THAT FOR PURPOSES OF 18 U.S.C. § 2257 YOU AND/OR YOUR HOSTS ARE THE "PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL.  For further information regarding 2257 and the Site, please see our 2257 statement which can also be reached via our home page. 

n.       Without derogating from the prohibition on the Host causing the image of any other person to be transmitted via the Chat System or the Host Promotional Platforms, Host shall not under any circumstance transmit via the Chat System or the Host Promotional Platforms any sexually explicit image including any other person (other than another host registered on the Sexual Stress Relief part of the Site).   Host shall in no case transmit via the Chat System or the Host Promotional Platforms any sexually explicit images of the Host created before the Host reached his/her legal majority. 

o.       Host shall not attempt to portray himself/herself as someone under the age of 18. Host will not portray himself/herself as a "teenager", unless Host specifically mentions that he/she is 18 or 19 years old. Otherwise, the use of the word "teen" in any form relating to ages under 18 is strictly forbidden.

p.       It is strictly prohibited to transmit Forbidden Content (as defined above) via the Communications Services.  If Camagogo.com suspects that Host has transmitted Forbidden Content via the Communications Services, Agent's and/or Host's account will be frozen immediately for further investigation and the Agent and/or Host faces permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

12.   THIRD PARTY PRODUCTS: You understand that products which may be made available or sold on the Site are not manufactured by Camagogo.com but are manufactured by others. You understand and agree that you will use any such products only in compliance with any manufacturer's instructions for use accompanying such products. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND Camagogo.COM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13.   DISCLAIMER OF WARRANTIES – THE SERVICES, THE SITE AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, SITE AND/OR THE SOFTWARE OR THE ABILITY OF THE SERVICES, THE SITE AND/OR THE SOFTWARE TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE SITE OR THE SOFTWARE; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE SITE OR THE SOFTWARE OR THAT THE SERVICES, THE SITE OR THE SOFTWARE DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE SITE AND THE SOFTWARE OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE SITE AND THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE SITE OR THE SOFTWARE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE SITE AND THE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. 

14.   LIMITATION OF LIABILITY - IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR SUPPLIERS OR OUR/OUR SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE SITE AND THE SOFTWARE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.  IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE SOFTWARE OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME OR THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND THE SITE AND UNINSTALL THE SOFTWARE.

15.   THIRD PARTY LINKS AND PRODUCTS– VIA OR IN CONNECTION WITH SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES.  WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES.  WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.  NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.

16.   INDEMNIFICATION: Agent shall indemnify and hold Camagogo.com, the owners, operators and suppliers of Camagogo.com as well as their officers, directors and employees (collectively "Indemnified Parties") harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from the Agent's or Agent's Hosts' activities in connection with Camagogo.com including without limitation via the Communications System.  Such claims shall include, without limitation, claims in respect of any violation of law in an HGCS (or in the content/information transmitted in the HGCS) by a Host or any participant, claims of infringements of the intellectual property rights of any third party or claims that the Agent or any of Agent's Hosts is or was an employee of Camagogo.com.

17.   BREACH AND TERMINATION: Both Agent and Camagogo.com may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of a material breach of this Agreement, such as Forbidden Emailing Activities, transmission of Forbidden Content, Falsification of Document, fraud or any other illegal activity, Camagogo.com reserves the right to freeze the Agent's and Hosts' account immediately for further investigation and the Agent and Host faces permanent termination, cancellation and forfeiture of all credits from Camagogo.com.

18.   PENALTIES: Without derogating from the Site's right to terminate this Agreement with Agent, the Site reserves the right to fine or otherwise penalize the Agent including without limitation by forfeiture of outstanding or future credits/earnings in any case in which the Site determines that the Agent or one or more of Agent's Hosts has violated this Service Agreement, the terms of use of the Site and/or any instructions given by the Site to the Agent or to Agent's Hosts.  Moreover, any Host promoting a third party site to guests of the Site may cause the penalization of her Agent by the Site of up to US$5,000 at its discretion.

19.   CONFIDENTIALITY: Agent shall keep in strict confidence any and all materials and information regarding the Camagogo.com technological systems and business, commercial and marketing methods and trade secrets.  This provision shall survive termination of this Agreement by either party.

20.   SEVERABILITY - To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms of Use is/are unenforceable, the other terms of this Agreement will continue in full force and effect.

21.   WAIVER - No employee, agent or representative, including without representation a customer service representative, of ours shall be entitled to waive any term of this Agreement.

22.   HEADERS – Headers of sections in this Agreement are included for convenience only and shall not be used to interpret these the Agreement.