Terms of Service
Effective Date: March 14, 2019
This web page represents a legal document and is the Terms of Service (Agreement) for our website www.breakfreenutrition.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
This Website and all products, programs and services provided by Breakfree Nutrition and by any of its employees, directors, shareholders, representatives or agents are wholly owned and operated by Genescript Pty Ltd ATF The Genescript Trust (ABN 41 746 837 996).
Genescript Pty Ltd ATF The Genescript Trust
Level 5 Holman Hodge
420 King William Street
Tel. 1300 39 40 50 (Australia wide)
Email – please use this Contact Form
The terms “us”, “we”, and “our” refer to Genescript Pty Ltd ATF The Genescript Trust, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use or access our free or paid Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Service” refers to any free or paid offering, resource, training, workshop, download, program or service provided by us.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Genescript Pty Ltd ATF The Genescript Trust.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Genescript Pty Ltd ATF The Genescript Trust and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional Terms of Service. Those additional Terms of Service will be incorporated into this Agreement unless otherwise stated.
Before accessing any of our paid Services, you will also be required to accept the terms of your personal Service Agreement which will be provided to you upon registration. You may request a non-personalised copy of the Service Agreement at any time before registering.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Adelaide or Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law
This Agreement will be governed by and construed in accordance with the laws of South Australia, Australia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Genescript Pty Ltd ATF The Genescript Trust grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Genescript Pty Ltd ATF The Genescript Trust.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our Service marks or trademarks without the prior written permission of Genescript Pty Ltd ATF The Genescript Trust.
Our Content, as found within our Website and Services, is protected under Australian and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility, Access and Registration for Membership
Genescript Pty Ltd ATF The Genescript Trust reserves the right to modify, withdraw or restrict access to all or any part of this website, its products, programs and services without notice. We will not be liable for any loss or damage should you not be able to access this website for any reason and for any period of time.
We reserve the right to refuse sale or cancel the order of or restrict access to any product, Service or program if it is considered not to be appropriate or safe for the client or Member concerned. A number of factors may be considered before a particular product, program or Service is supplied by us. These may include, but are not limited to your age, body mass index, fitness, medical history, medications, pregnancy status, health conditions and mental health status.
For certain health conditions or circumstances (and with your permission) it may be necessary for us to obtain prior medical consent from your doctor before we can commence working with you or accept your registration. If you do not allow us to obtain this medical consent we may not be able to provide you with our Services.
The products, Services and programs provided by us are not suitable if you are under 18 years of age or have been previously diagnosed with an eating disorder such as anorexia or bulimia. By using this website or purchasing any of its products, programs or Services you are declaring that neither of these circumstances apply to you.
We may terminate your registration or access to any product, Service or program if, in our opinion, you breach these terms; commit any illegal, dishonest or fraudulent act; behave in a way that might harm our reputation; breach any intellectual property rights; or if we believe your continued access to the product, Service or program could adversely affect your health or wellbeing. We shall not be required to provide you with a refund or other compensation.
We reserve the right to either postpone or cancel a group based program or workshop at any time prior to the scheduled start date if there are insufficient registrations. Under these circumstances, you will be provided the option of a full refund.
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms of Service. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the Terms of Service of this Agreement. Genescript Pty Ltd ATF The Genescript Trust has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Genescript Pty Ltd ATF The Genescript Trust reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Genescript Pty Ltd ATF The Genescript Trust has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Genescript Pty Ltd ATF The Genescript Trust. Genescript Pty Ltd ATF The Genescript Trust does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Genescript Pty Ltd ATF The Genescript Trust or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Health and Medical Disclaimer
The information contained on this website is strictly for educational purposes only and is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You also understand that such information is not intended nor otherwise implied to be medical advice or a substitute for medical advice, diagnosis, or treatment.
We make no representations, warranties or guarantees verbally or in writing that you will lose weight or reach any of your health, nutrition or lifestyle goals by participating in any of our programs or Services. You also understand that the results experienced by each client may significantly vary.
You further acknowledge that all customer testimonials as found on our Website are strictly the opinions of their writers or speakers and any results achieved are solely individual in nature; your results may vary.
The advice provided by us in any of our programs or Services is not meant to supersede or replace the advice provided by your doctor or other health care professional. You should always seek the advice of your doctor or suitably qualified health care professional before commencing a weight control, lifestyle or nutrition program or acting on any information provided by us. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Website or accessed as a Member or client.. You understand that you should always consult your physician or other qualified healthcare provider to determine the appropriateness of this information for your own situation or if you have any questions regarding a medical condition, disorder, treatment plan, or other health-related issues.
Although we take due care and endeavour to provide evidence-based information, Services and programs, you agree to use such information or participate in any Service or program provided by us at your own risk. Genescript Pty Ltd ATF The Genescript Trust, or any of its directors, employees, shareholders, representatives or agents, will not be liable for any direct, indirect, consequential, special, exemplary, or other harm, damage, or loss caused by relying on or using any such information on this Website or available in our Services or programs. This includes, but is not limited to, personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, or any harm or damage to you, your spouse, your family, your unborn child, or other third parties.
USING OUR SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE NUTRITIONAL OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
Genescript Pty Ltd ATF The Genescript Trust is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Genescript Pty Ltd ATF The Genescript Trust. We do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Genescript Pty Ltd ATF The Genescript Trust is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Genescript Pty Ltd ATF The Genescript Trust assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Genescript Pty Ltd ATF The Genescript Trust is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Genescript Pty Ltd ATF The Genescript Trust be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, Services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GENESCRIPT PTY LTD ATF THE GENESCRIPT TRUST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Genescript Pty Ltd ATF The Genescript Trust is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Genescript Pty Ltd ATF The Genescript Trust will submit all necessary information to relevant authorities.
If any Member Content is reported to Genescript Pty Ltd ATF The Genescript Trust as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Genescript Pty Ltd ATF The Genescript Trust. If the Member fails to meet such a request, Genescript Pty Ltd ATF The Genescript Trust has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
- Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Genescript Pty Ltd ATF The Genescript Trust is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Genescript Pty Ltd ATF The Genescript Trust, our affiliates, or our Users to any harm or liability of any type
- Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Genescript Pty Ltd ATF The Genescript Trust a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Genescript Pty Ltd ATF The Genescript Trust, its directors, shareholders, employees, agents, and representatives license to use the Member Content in connection with the operation of the business of Genescript Pty Ltd ATF The Genescript Trust, its directors, shareholders, employees, agents, and representatives, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Genescript Pty Ltd ATF The Genescript Trust has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and Terms of Service of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
You will be required to pay for any of our paid Services by credit card either in full, prior to the commencement of the Service, or by installments. By electing to pay by installments, you authorize us to charge your credit card when payments fall due.
All prices displayed on this website and fees charged by us are in Australian Dollars (AUD) and include GST. All charges are non-refundable except as required by law or when we determine you meet the requirements of our satisfaction guarantee (see below). Prices are subject to change without notice.
We are not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution.
When purchasing from us, your card details are transmitted through a secure server using industry standard SSL encryption and your Credit Card data is not hosted or stored by us after processing. An electronic receipt will be issued via email upon successful payment. We will normally confirm receipt of your order within a few minutes of ordering.
If your purchase was for personal coaching services, we will contact you within 3 business days of payment, via email and / or telephone, to provide you with further details.
Refund and Guarantee Policy
You may cancel your enrollment in the Food and Weight Freedom 6 Month Transformation or any other Service we provide at any time by contacting us. In the event that you withdraw from a program or Service, we shall not be required to provide you with a refund or other compensation unless otherwise specified in your personal Service Agreement.
If we do provide you with a refund, it will always be nett of any credit card or transaction fees we incur in processing your enrollment and/or refund. These fees will be deducted from your refund.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms of Service will terminate without our notice if you fail to comply with any term of these Terms of Service. Upon termination, you will stop representing yourself as a registered Member or client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, directors, shareholders, employees, agents, and representatives, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms of Service
We reserve the right to change these Terms of Service at any time by posting these changes on our Website's Terms of Service page. You should check this page regularly for any revised or new content.
For Members and clients accessing any paid Service we will also give you advance notice of the changes by email. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms of Service, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Services after any change to these Terms of Service and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms of Service, you can choose to discontinue the use of our Website and Services.
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