7-Sugar Terms and Conditions

Sensai Healthcare Private Limited ("Company") a company incorporated under the Companies Act 2013 and having its registered office at 94/H, 9th Cross, 13th Main, RMV Extension, Bangalore 560080 is the author and publisher of the internet resource www.7sugar..com ("Website") and the mobile application '7-Sugar' ("App"). The Company owns and operates the services provided through the the App. The Company is engaged in the business providing healthcare services ("Services"). The scope and purpose of this App is to seamlessly combine patient's glucose level with their meal intake, physical activity, other patient specific factors & any associated treatment.

APPLICABILITY AND AMENDMENT OF TERMS

These terms and conditions of use ("Terms of Use") are available on the website and apply to all visitors and users ("users" or "you") of Services provided by the Company through the App. We request you to carefully go through these Terms of Use before you decide to use the Services made available on the App. These Terms of Use and the Privacy Policy, together constitute a legal agreement ("Agreement") between you and the Company in connection with your use of the Services through the App. The above-mentioned constituents of the Agreement shall at all times, be read together and shall be deemed to be incorporated herein by reference. Your use of the Services on the App will signify your acceptance of the Agreement and you will there in after be legally bound by the same. If you do not agree to, or do not wish to be bound by the terms of the Agreement, you may not access or otherwise avail of the Services or use the App. We reserve the right to modify or terminate any portion of the App, or the Services offered by the Company or amend the Terms of Use for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review the Agreement periodically. The Company may require you to provide your consent to the Agreement, as updated, in a specified manner before any further use of the App, and the Services. If no such separate consent is sought, your continued availing of the Services or use of the App will constitute your acceptance of such changes. Nothing in the Agreement should be construed to confer any rights to third party beneficiaries. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the App or avail any Services. Your access to use of the App and the Services will be solely at the discretion of the Company. By using our App, you hereby consent to our terms, as detailed below. All the information on this App is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this App, is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of our website. From our App, you can visit or open other Apps or websites by following hyperlinks to such external sites. The website provides content from other internet websites, apps or resources and while we try to ensure that material included on the app is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website. Please be aware that when you leave our App, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the "privacy policies" of these sites as well as their "terms of service" before engaging in any business or uploading any information. If you require any more information or have any questions about our App's terms of service, please feel free to contact us by email at [email protected] These Terms of Use, the Privacy Policy together with any other policies which may be applicable to specific portions of App and any disclaimers which may be present on the App are referred to as "Agreement" If you're accessing the 7Sugar Mobile Application, then this Agreement will apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which govern the use of mobile application.

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the App in any manner. By registering, visiting and using the App or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services available through the App, and agree to and abide by this Agreement. For users below 18 years you will need a consent of a guardian to use the app and any information provided by you using the app has been consented by the guardian.

ELIGIBILITY TO USE THE App

Use of the App is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the App. We reserve the right to terminate your membership and refuse to provide you with access to the App at our sole discretion. The App is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this App are appropriate for use, or available outside India. Those who choose to access this App from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

OWNERSHIP & RESTRICTIONS

The App is owned and provided by us. You are granted a limited, revocable, non-transferable, non-exclusive license to use the App on computers, smart phones or other mobile devices that you own or control. We can terminate this license at any time and with or without any reason. The App's layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the App ("Content") contained in the App are proprietary to us, our affiliates and/or third-party licensors. The Content is protected by Indian and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit permission . All information displayed, transmitted or carried on the App is protected by copyright and other intellectual property laws.

Copyrights and other intellectual property in respect of some of the content on the App may be owned by the third parties. This site is designed, updated and maintained by us or our licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website/App.

REGISTRATION AND ACCESS

If you wish to avail the Services, you will have to register on the App and become a registered user. By registering on the App, you agree that you are appointing the Company to provide the Services to you on the terms of the Agreement and any other terms as may be notified to you from time to time. To register on the App, you will have to provide certain information such as your name, age, height, weight, occupation, name of your doctor, hospital or other healthcare provider, location, data relating to your diet, activity levels, exercise, medical reports (if any), medical history, previous prescriptions, signs and symptoms, family history, allergies, sleep quality, disease type, mobile number, email ID, name of a primary caregiver, contact details of the primary caregiver in relation to the Services and any other medically relevant information as may be deemed by the company from time to time. You will also have the option to upload any prescription from your Provider on the App. All prescriptions uploaded on the App will need to be in English and in machine readable format. You may also provide any other additional information on the App as may be relevant to you. Please note that providing additional information beyond what is required at registration is entirely optional and can be altered or removed by you at any time. However, please note that the experience and ability of the App in assisting you to manage your health is limited to the accuracy and completeness of the information shared by you on the App. We assume that any information provided by you relating to a primary caregiver has been provided after obtaining due consent of such primary caregiver. You shall have the ability to review any of the information provided by you at the time of registration. In case of any change in the information provided at the time of registration, you will be required to intimate us immediately. Until you specifically notify us of the change in your information, the information provided by you at the time of registration will be deemed to be current. The app provides features to update information as and when necessary. Registration is only a one-time process and if you have previously registered on the App, you may login into your account using the same credentials as provided by you during the registration process. When you avail of the Services or use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to (a) ensure that you logout from your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the App due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential. We recommend that you contact your Provider before using the App or availing the Services. Specifically, in the event that you have been diagnosed with a chronic disease or health condition, you hereby represent that you have obtained the express approval of a Provider for using the App or availing the Services. We reserve the right to refuse access to the App, to terminate accounts, remove or edit content at our discretion. We will try to make the App error-free. Your access to the App may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

As mandated by Regulation 3(2) of the Information Technology (Intermediary Guideline) Rules 2011, the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Users are also prohibited from:

violating or attempting to violate the integrity or security of the App or any Company Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the App that is disruptive or competitive to the provision of Services by the Company;

intentionally submitting on the App any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;

attempting to decipher, decompile, disassemble or reverse engineer any part of the App;

copying or duplicating in any manner any of the Company Content or other information available from the App;

framing or hot linking or deep linking any Company Content.

circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the above. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, the Company has the right to immediately terminate the access or usage rights of the User to the App and Services and to remove non-compliant information from the App.

The Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.

The Company respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

INTERACTION ON THE APP

You understand and agree that the Company is not involved in the process of selection of any doctors, hospitals, or healthcare provider ("Provider") for your specific health concerns and medical issues. You shall have the sole discretion and ability to interact with and engage any Provider. We assume that any selection of a Provider by you has been based on the specific health concern you face, and expertise of the Provider, and has been carried out by you after consideration of all relevant circumstances. We advise you to perform your own investigation prior to selecting a Provider. Please note that the Company (i) does not recommend or endorse any Providers; and (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide. We assume that any medical diagnosis by a Provider has been made by such Provider accurately after taking into consideration the medical history, underlying medical condition, and associated symptoms exhibited by you. We also assume that any medication provided by such Provider have been prescribed after carrying a complete diagnosis of the patient, based on the full diagnostic, medical and medication history, and after taking into consideration all associated co-morbidities and complications thereof. Also, we presume that any medication prescribed by such Provider has been deemed fit for use by you. You understand and agree that any interactions and associated issues with any Provider during the course of the Service on the App including but not limited to your health issues, medical history and your experiences is strictly between you and the Provider. You shall not hold the Company responsible for any such interactions and associated issues. The Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Provider you interact with. If you decide to engage with a certain Provider to provide medical services to you, you do so at your own risk. The Company shall not be responsible for any breach of service or service deficiency by any Provider. Further, the Company shall not be liable for any adverse event arising out of or resulting from any diagnostic tests prescribed by such Provider, diagnosis, medication, or treatment by such Provider. In the event that your usage of the App and the Services has been recommended by your Provider as part of your treatment, we assume that any such recommendation by the Provider has been based on the specific health concern you face, and has been carried out by the Provider after consideration of all relevant circumstances. Any such recommendation of the Provider is based on the expertise and discretion of such Provider. We assume that any such recommendation made by the Provider for usage of the App and/ or Service has been made by the Provider after (a) accurate diagnosis by such Provider of the specific health concern faced by you; (b) a comprehensive analysis of your health condition and all associated co-morbidities and complications thereof; and (c) examination of your full diagnostic, medical and medication history. Please note that the Company does not provide any guarantees or warranties relating to achievement of any specific results or outcomes in respect of any therapies suggested by the Providers. You understand that once you register as a User on the App, you will receive SMS messages from us on your registered mobile number. These messages could relate to your registration, any updates and promotions that are undertaken by us. Please note that we will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose. You understand that once you register as a User on the App, you will receive Notifications on your app from us time to time

HEALTH COACHES - NO DOCTOR – PATIENT RELATIONSHIP

The App allows you to interact with Health Coaches, who may be employees, contractors, consultants or partners, of the Company, who shall be accessible to you through the App. Please note that the Health Coaches may provide you with content, text, data, graphics, images, information, suggestions, guidance, and other material relating to diet, lifestyle, exercise, or diseases (collectively, "Information") as may be requested by you, or relevant to you, as part of the Services. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to facilitate better lifestyle choices, and encourage a behavioral change. The Health Coaches engaged by the Company are certified nutritionists, dieticians, fitness coaches or disease educators. The Health Coaches are not a substitute, or replacement for a doctor or a healthcare professional. While the Health Coaches provide general guidance in respect of diet and lifestyle choices, we would urge you to reach out to your Provider for any specific health related concerns. The Health Coach will not be liable for providing any guidance, information or opinion based on incomplete or incorrect information (including incomplete / incorrect medical history) provided by you. The Health coaches will not be liable for any failure or delay in approaching a Provider in respect of any health concerns. It is hereby expressly clarified that, the Information that you obtain or receive from the Health Coaches, the Company, and its employees, contractors, partners, sponsors, advertisers, licensors, users or otherwise on the App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the App. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

INTERACTION WITH OTHER MEDICAL DEVICES

The App can be used by you for recording, analyzing and storing the readings obtained by you through certain medical devices such as glucose meters, continuous blood glucose monitors, and wearable activity trackers ("Medical Devices"). If you connect the App to the Medical Device, the App shall proceed to obtain, copy, record, and create and analyze the data recorded therein. Please note that the Company shall not be liable for any malfunctioning, errors, defects, or incorrect readings, of the Medical Device. The App only downloads your data from the Medical Device and is not involved in the manner in which the Medical Device provides readings. The recording, analysing or storing of information from the Medical Device does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. It is hereby expressly clarified that, the information that you obtain or receive from the analysis of the data from the Medical Devices on the App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to quality of the Medical Device, authenticity of readings, margin for error, or the functioning of the Medical Device. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

INTEGRATION WITH OTHER APPLICATIONS

The App in the future may allow you to integrate your account with other applications such as Google Fit and Apple Health. If you decide to integrate your account with any external application, you may be required to provide personal information to the third-party application as part of such integration. If you access or submit personal information to any of those application, such access and information will be governed by the terms of use and privacy policies of such third party application and the Company disclaims all responsibility or liability with respect to the terms, policies or the third party applications. The users are encouraged to carefully read the terms and privacy policy of any third party application that they intend to integrate with the App.

OCCURRENCE OF ADVERSE EVENTS

Upon the occurrence of an Adverse Event (as defined hereinafter), you hereby agree to promptly, and in any event, not later than 15 (Fifteen) days from the date of occurrence of such Adverse Event, inform the Company of the occurrence of such Adverse Event, and the nature of such Adverse Event. You hereby agree not to hold the Company responsible for any such Adverse Events and associated issues. Upon the occurrence of an Adverse Event, you agree to promptly reach out to a Provider. Please note that the Company is not a healthcare provider and cannot be held liable for the occurrence of an Adverse Event or the treatment sought by you following such Adverse Event. The Company may, if you so request, provide information to relating to the management of the Adverse Event. Provision of such information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any Adverse Event. For the purposes of these Terms of Use, the term "Adverse Event" shall refer to any adverse health consequences, or adverse medical events, that occur consequent to, or resulting out usage of any drug, medical device or as part of any therapy or consultation that the user is currently on or has been on.

OCCURRENCE OF EMERGENCY EVENTS

The App and the Services are for non-emergency purposes only. Do not attempt to access emergency care through the App or the Services. If at any time you are concerned about your care or treatment, or if you think you have a medical emergency, please reach out to the nearest Provider for assistance. The Services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service. The Company is not, and shall not be treated as an emergency care provider at any point in time. In the event of an emergency, the Company shall not, and will not be obligated to provide any emergency services, including any medication, ambulance services, medical advice, etc. If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion, (a) inform the primary caregiver (as identified by you) of the occurrence, or possibility of occurrence of such emergency, and/or (b) intimate the Provider (as identified by you) of the occurrence, or possibility of occurrence of such emergency. Please note that the Company is not a healthcare provider and cannot be held liable for the occurrence of an emergency event or the treatment sought by you following such emergency event. The Company shall not be responsible for any such emergency events and associated issues. The Company may, if you so request, provide information relating to the management of the emergency event. Provision of such information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any emergency event.

OCCURRENCE OF A SIGNIFICANT EVENT

Upon the occurrence of a Significant Event (as defined hereinafter), you hereby agree to promptly, and in any event, not later than 15 (Fifteen) days from the date of occurrence of such Significant Event, inform the Company of the occurrence of such Significant Event, and the nature of such Significant Event. You hereby agree that the Company shall in no way be liable for the occurrence of any such Significant Events or any losses incurred, injuries sustained and any associated issues faced by you in relation to such event. You hereby agree and acknowledge that the Company shall have no responsibility to assist you or undertake any specific action in relation to such Significant Event. For the purposes of these Terms of Use, the term "Significant Event" shall refer to any unfavorable or adverse consequences, or events, that occur as a result of, consequent to or relating to the use of the App or the Services (except the Adverse Events and/ or any emergency events), and shall include any events outside the scope of the App or the Services, including any force majeure events, acts of god, and acts of third parties.

TERMINATION

The Company reserves the right to suspend or terminate a User's access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where:

Such User breaches any terms and conditions of the Agreement;

A third party reports violation of any of its right as a result of your use of the Services;

The Company is unable to verify or authenticate any information provide to the Company by a User;

The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

The Company believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the App.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.

INDEMNITY

You agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your Account, or any alleged violation by you or anyone using your Account of these Terms of Use, including, without limitation, the Code of Conduct. In particular, you agree to indemnify the Company , its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the App. This App is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall The Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User's provision of information via the App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the App; any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website or the Service.

CANCELLATION AND REFUND POLICY

No cancellations or refunds are allowed in the 7 Sugar App. This Applies to all transactions on the App In highly exceptional cases, if you believe that you are not satisfied by the service, you can email [email protected] Whether a refund is provided is solely based on the company's discretion. All such grievances and refund requests shall be submitted within 7 days of the payment.

Financial details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the App will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank or other payment service providers. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers' fees from persons using the App and/or mobile application fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the App and/or mobile application and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

RETENTION AND REMOVAL

The Company may retain such information collected from Users from its App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between The Company and User will be governed by the laws of India. Any disputes, claims or controversies which may arise between the Parties out of, in relation to or in connection with the Agreement, or the breach thereof, shall be initially settled amicably by good faith negotiations and discussions and conclude the same within 30 days from commencement of good faith negotiations. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by The Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. Subject to the above Clause 2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the App or the Services or the information to which it gives access.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE