TERMS AND CONDITIONS
The following Terms and Conditions (the “Terms”) apply to each purchase and/or use by you of our Services, website and/or membership with Muy House, which shall each constitute and be deemed your unconditional acceptance of these Terms. These Terms are a binding and enforceable legal contract between Muyingo Events, LLC and its affiliated companies and subsidiaries worldwide (collectively, “Muy House”, “us” or “we”) and you in relation to the use of the Services and Memberships (as such term is defined below services provided by MUY HOUSE).
By purchasing a membership with Muy House (a “Membership”), using our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Services”), or accessing any content included thereof (the “Content”), you represent and warrant that you are at least 18 years old and of legal age and have all powers required to form a binding contract with Muy House and use the Services. If you do not meet such requirement, you must not purchase a Membership, and/or access the Services and/or Content.
1. Legal Agreement
These Terms, together with such additional terms which specifically apply to some of our Services and Content, specify the terms and condition for access to and use of the Services by each visitor and/or member of Muy House (each a “Member” or “you”, to designate the individual who has accessed our Services).
Muy House reserves the right to amend the Terms at any time, without notice, and for any reason whatsoever, by updating this page, or by amending the page on which the amended Terms are located. Any such amendments shall be effective immediately.
Your visit, Membership purchase and/or use of the Services are also governed by our Privacy Policy, House Rules, and Co-Working Agreement. By using our services, you acknowledge that you have also read our Privacy Policy, House Rules, and Co-Working Agreement if applicable.
2. Your Membership and Services
2.1 Purchase of Memberships and Services
In order to use the Services, please purchase a Membership from our website or through other means of communication with us. All our Memberships, Services, whether included on our Memberships or not and associated fees are available on our website.
As a condition to purchase our Memberships and to your use of the Services, all information you provide shall be correct, current and complete. We may use the information provided by you to determine the actual and true owner of the User’s account submitted to us (including but not limited to email address and billing information).
In the event of a dispute regarding ownership of a Membership, we reserve the right to determine ownership to a Membership based on our reasonable judgment, in our sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Membership until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request any documentation that may assist us in determining ownership.
2.2 Cancellation
2.2.1 Cancellation by User
An automatic renewal option may be applied by default to some of our services. If you do not wish your subscription to renew automatically, you must follow the cancellation instructions available on your account prior to the expiration of the ongoing subscription period by providing us 15 days advance written notice of cancellation by email at nicole@muy-house.com or by mail at 13900 Tahiti Way Apt 101 Marina Del Rey, CA 90292.
2.2.2 Cancellation by Muy House
Failure to comply with any of these Terms and/or to timely pay any due fee shall entitle Muy House to suspend (until full payment is made) or cancel your Membership, as well as the provision of any related Services to you.
2.2.3 Consequences of cancellation
After cancellation, you will be allowed to use your subscribed Services until the expiration of the ongoing paid subscription period.
No refund will be due by MUY HOUSE upon cancellation.
In addition, cancellation may cause loss of certain content, features, or capacity of your account.
MUY HOUSE shall not be liable in any way for such loss, or for saving a backup of your account and/or content.
2.2.4 Guests
Your Membership is intended for your use only and events organized by Muy House are solely intended for our Members. Our Members are however authorized to invite one guest per event at no additional cost. The same guest may not be invited twice, unless such guest purchases a non-member ticket, as provided on our website. Guests may not access our events without the presence of their inviting Member. Members are solely responsible to insure their guests comply with these Terms and with any other rules applicable to the event. Muy House reserves the right, in its sole discretion, to restrict the access of guests in any event.
3. Restriction on Use
You acknowledge and agree that you are solely responsible for (and that Muy House has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Muy House may suffer) of any such breach.
All activities performed by anyone authorized, directly or indirectly and expressly or tacitly, by you to access or use our Services shall be deemed to have been performed on your behalf and in your name and you are hence solely and fully responsible for such activities and their consequences, including but not limited to any prejudice that may be caused.
If you violate these Terms and/or Muy House has a reasonable ground to suspect that you have violated these Terms, Muy House has the right to suspend or terminate your Membership and refuse any and all current or future use of the Services (or any portion thereof).
Furthermore you agree not to use our website, the Services or Content: (a) for any unlawful purpose; (b) for any commercial purposes such as to conduct sales of merchandise or services of any kind ; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your Membership and use of the Services or any related website for violating any of the prohibited uses.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
4. Fees
4.1 Paid Services and Memberships
All applicable prices of the Services and Memberships will be notified to you prior to your purchase of said Services and are available on our website. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer may be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes that may apply to your purchase, whether at the time of your purchase or at a different time. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider accepted by us. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Muy House reserves the right at any time to change its billing methods, either immediately upon posting on Company Site and/or App or by e-mail delivery to you.
Purchase of a Membership and/or Services must be for your personal business use only. Transfer of Membership to other persons is prohibited.
As part of registering or submitting information to receive paid services, you also authorize Muy House (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Muy House or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
4.2 Invoices
Muy House will issue an invoice or credit memo for any payment of fees or refund made to or by Muy House (“Invoice”). Each Invoice will be issued in electronic form and will be made available to you via your User account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
4.3 Refund Policy
Services and/or Memberships purchased on or through Muy House are non-refundable, unless provided otherwise. Muy House will not refund any amounts paid for non-refundable paid Services and/or Memberships.
4.4 Chargebacks
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services and/or your Membership may be automatically disabled or terminated.
In the event a Chargeback is performed, your account may be blocked without the option to re-purchase or re-use it, and any data contained in such account, including any domains, applications may be subject to cancellation.
Your use of the Services and/or your Membership will not resume until you re-subscribe, and pay any applicable fees in full, including any fees and expenses incurred by Muy House for each Chargeback received (including fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
5. Third Party Services
The Services are integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party devices to make the Services available to you. These Third Party Applications and devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Muy House does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or device or for any transaction you may enter into with the provider of any such Third Party Applications and devices, nor does Muy House warrant the compatibility or continuing compatibility of the Third Party Applications and devices with the Services.
6. Intellectual Property and DMCA Notifications
6.1 Muy House’s Intellectual Property
All rights, title and interest in and to the Services, including any and all copyrightable materials or any other Content thereof which is or may be subject to any intellectual property rights under any applicable law (including but not limited to copyright, copyrights and trademarks), whether such rights, title and interest are registered or not and wherever those rights may exist (collectively, “Intellectual Property”), and any derivations thereof, are owned by Muy House.
You acknowledge and agree that the Services and any necessary software that may be used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Muy House, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, in whole or in part unless expressly permitted or required by law. Software, if any, that is made available to download from the Services is the copyrighted work of Muy House and/or its suppliers. Your use of the Software is governed by these Terms.
Subject to your full compliance with these Terms and timely payment of all applicable fees, Muy House hereby grants you, upon creating your account and for as long as Muy House wishes to provide you access to its services, a limited, personal, non-transferable, non-sublicenseable, and non-exclusive right and license to use the Services and Contents, solely as expressly permitted under these Terms, and, in regarding Contents, solely through the Services.
These Terms do not convey any right or interest in or to Muy House’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of MUY HOUSE’s Intellectual Property rights under any law.
6.2 Copyrights
We respect the rights of intellectual property holders. If you believe that any content of the Services violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: nicole@muy-house.com.
We will terminate the user account of any user who repeatedly violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Services more than twice.
Equitable Relief – We may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
7. Disclaimer of Warranties
WE PROVIDE THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY SERVICES) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.
MUY HOUSE MAY, AT ITS SOLE DISCRETION (HOWEVER IT SHALL HAVE NO OBLIGATION TO DO SO), SCREEN, MONITOR AND/OR EDIT ANY USER CONTENT, AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE.
YOU ACKNOWLEDGE THAT THERE ARE RISKS IN USING THE SERVICES AND/OR CONNECTING AND/OR DEALING WITH ANY THIRD PARTY SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES, AND THAT MUY HOUSE CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM SUCH USE AND/OR INTERACTIONS, AND YOU HEREBY ASSUME ALL SUCH RISKS, LIABILITIES AND/OR HARM OF ANY KIND ARISING IN CONNECTION WITH AND/OR RESULTING FROM SUCH INTERACTIONS. SUCH RISKS MAY INCLUDE, AMONG OTHERS, MISREPRESENTATION OF INFORMATION ABOUT AND/OR BY THIRD PARTY SERVICES AND/OR CONTENT, BREACH OF WARRANTY AND/OR CONTRACT, VIOLATION OF RIGHTS, AND ANY CONSEQUENT CLAIMS.
YOU ACKNOWLEDGE THAT MUY HOUSE IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY LAW APPLICABLE TO YOUR DIRECT AND/OR INDIRECT USE OF THE SERVICES.
THESE DISCLAIMERS AND LIMITATIONS OF WARRANTIES ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitation of Liability
8.1 To the fullest extent permitted by law in each applicable jurisdiction, Muy House, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including but not limited to any damages resulting from:
- the use or the inability to use the Services;
- errors, mistakes, or inaccuracies of or in any Content;
- any action you take based on the information you receive in through or from the Services,
- your failure to keep your password or account details secure and confidential;
- any interruption or cessation of transmission to or from Muy House;
- the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;
- any personal injury or property damage related to your use of the Services;
- unauthorized access to or alteration of your transmissions or data;
- the improper authorization for the services by someone claiming such authority;
- statements or conduct of any third party on the services;
- the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Services;
- events beyond the reasonable control of Muy House, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or
- loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for the Services, and such limitations will apply even if MUY HOUSE has been advised of the possibility of such liabilities.
8.2. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Muy House, and that MUY HOUSE may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
9. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MUY HOUSE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEYS’ FEES) DUE TO OR ARISING OUT OF : (1) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE OR ANY OTHER AGREEMENT YOU MAY HAVE WITH MUY HOUSE; (2) YOUR VIOLATION OF ANY LAW OF ANY JURISDICTION OR ANY THIRD PARTY RIGHT, INCLUDING ANY COPYRIGHT, ACCESS RIGHTS, PROPERTY, OR PRIVACY RIGHT, RESULTING FROM YOUR USER CONTENT AND/OR YOUR USE OF OUR SERVICES.
10. Export control
The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Muy House under these Terms to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
11. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Muy House, and in no event shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.
If you have downloaded Muy House’s mobile application from the Apple, Inc. (“Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Muy House only, not with Apple, and Apple is not responsible for the Services and the content thereof. Muy House has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. General
12.1 Changes & Updates
Muy House reserves the right to change, suspend or terminate any of the Services or Contents (or any features thereof, or prices applicable thereto), and/or cancel your access thereto (including removal of any materials created by you in connection with the Services) for any reason and/or change any of these Terms with or without prior notice – at any time and in any manner. You agree that Muy House will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services.
If any such changes involve the payment of additional fees, we will provide you with a notice of such fees prior to enabling such specific changes. If you fail or refuse to pay such fees, we may (at our sole discretion) cancel your User account (as further explained in Section 2.3 above).
12.2 Governing Law & Jurisdiction; Class Action Waiver
These Terms and the resolution of any dispute related to these Terms shall be construed in accordance with the laws of the State of California. Any dispute between the Company and you related to these Terms shall be resolved exclusively by the state and federal courts of the State of California. The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. Muy House makes no representation that material on the services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Services from other locations do so by their own initiative and are responsible for compliance with local laws.
Subject to any applicable law, all disputes between you and Muy House shall only be resolved on an individual basis and you shall not have the right to bring any claim against Muy House as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
12.3 Notices
We may provide you with notices in any of the following methods: (1) via e-mail, sent to the e-mail address you provided us; and/or (2) through any other means, including any phone number or physical address you provided us. MUY HOUSE’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
12.4 Relationship
These Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Muy House and you.
12.5 Entire Agreement
These Terms, together with any other legal or fee notices provided to you by Muy House, shall constitute the entire agreement between you and Muy House concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Muy House and you, including those made by or between any of our respective representatives, with respect to any of our Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Muy House in entering into any of these Terms.
12.6 Assignment
Muy House may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Muy House. Any attempted or actual assignment thereof without Muy House’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 9.6 shall not in itself grant either Muy House or you the right to cancel any Services or Third Party Services then in effect.
12.7 Force Majeure
Muy House shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, pandemics, epidemics, local disease outbreaks, public health emergencies, communicable diseases, quarantines, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. We will use reasonable efforts to notify you of the occurrence of such an event as quickly as reasonably possible, with a description of the force majeure event and an estimate of the length of time such event will delay or prevent our performance hereunder.
12.8 Severability & Waivers
If any provision of the Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
12.9 Interpretation
Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
