Legal statements
TERMS OF USE
www.thebrazilianbikinibodyprogram.com
Welcome to www.thebrazilianbikinibodyprogram.com (the “Website”),
operated by Brazilian Bikini Body Program LLC (hereinafter, "Operator", "us", “our” or "we"). The
Website offers an online community for visitors (“Visitors”)
and registered subscribers who must be at least eighteen (18) years of age
(“Subscribers”) to use the Website and learn more about
us. These Terms of Use (the “Agreement”) sets
forth the terms and conditions which govern your use of the Website.
Please read this Agreement carefully before accessing the Website. By accessing
the Website, Visitors agree to be bound by the terms and conditions set forth
in this Agreement. If you do not wish to be bound by this Agreement,
you are not authorized to use this Website. Operator reserves the right
to modify this Agreement at any time, and you agree to review the Agreement
periodically to be aware of such modifications. You further agree that
your continued use of the Website shall be deemed to be your conclusive acceptance
of the current version of the Agreement. We will indicate that changes to this
Agreement have been made by updating the date indicated after “Last Modified” at
the end of this Agreement. If you do not agree to abide by the terms
of this Agreement, you are not authorized to use this Website. A current
version of the Agreement is accessible via the footer of the Website’s
homepage.
Subscribers agree to be bound by the terms and conditions of this Agreement
by clicking on the "I Accept" button at registration. Failure
to click the “I Accept” button will prevent an individual from
registering with us as a Subscriber.
1. Registration.
(a) You must register as a Subscriber
in order to access certain functionality and content on the Website or otherwise
transmit to Operator any text, data, messages, comments, information, images,
graphics, photographs, materials and/or any other content (collectively, “Content”). You
agree that you will provide us with accurate, complete and current information
about you during registration and in connection with transactions executed
through the Website, and that you will update any information provided to us
if and when such information should change. By clicking on the “I
Accept” button, each Subscriber acknowledges that such Subscriber is
at least eighteen (18) years of age and has read, agreed with and accepts to
abide by the term of this Agreement. You agree that Operator has the
right to cancel your membership or subscription for any reason at any time,
in our sole discretion.
(b) As part of the registration
process, you will be asked to select a username and password. You are entirely
responsible for maintaining the security and confidentiality of your account
and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
CONDUCTED THROUGH YOUR ACCOUNT, WHETHER BY YOU OR ANYONE ELSE. You agree to
notify Operator immediately of any unauthorized use of your account or any
other breach of security. Operator will not be liable for any loss that
you may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you may be held liable for any losses
incurred by Operator or another party due to someone else using your account
or password.
(c) The fee for registering as a
Subscriber is Twenty Five Dollars ($25) per calendar quarter (each installment,
a “Subscription Fee”). Subscription Fees are non-refundable. Upon
registering as a Subscriber, your credit card will be charged the initial Subscription
Fee and another installment of the Subscription Fee will automatically be billed
to your credit card at the commencement of each calendar quarter thereafter,
unless you notify us in writing no less than thirty (30) days in advance of
any applicable calendar quarter that you do not wish to renew your subscription.
2. MEDICAL DISCLAIMER; Personal Responsibility;
Release.
(a) THE WEBSITE IS INTENDED FOR
EDUCATIONAL PURPOSES ONLY AND DOES NOT OFFER MEDICAL OR COUNSELING ADVICE OF
ANY KIND, INCLUDING WHETHER FOR MEDICAL OR OTHER PROFESSIONAL DIAGNOSIS, TREATMENT,
OR TO ADVOCATE OR RECOMMEND THE TAKING OF ANY COURSE OF ACTION OR THE PURCHASE
OR SELECTION OF ANY PRODUCT OR SERVICE. YOU SHOULD NOT RELY UPON ADVICE RECEIVED
THROUGH THE WEBSITE FOR MEDICAL OR HEALTH DECISIONS AND WE ENCOURAGE YOU TO
CONSULT WITH APPROPRIATE MEDICAL PROFESSIONALS, INCLUDING WITHOUT LIMITATION
A PHYSICIAN, FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC HEALTH NEEDS. YOU
AGREE THAT INFORMATION RECEIVED THROUGH THE WEBSITE SHOULD NOT BE UNDERSTOOD
TO BE MEDICAL ADVICE AND IS NOT MEANT TO TAKE THE PLACE OF SEEING LICENSED
HEALTH PROFESSIONALS. THE WEBSITE IS NOT INTENDED TO ENDORSE OR GUARANTEE
THE APPROPRIATENESS OR ACCURACY APPEARING ON THE WEBSITE OR LINKED TO FROM
THE WEBSITE. YOU UNDERSTAND THAT NEITHER (I) OPERATOR, (II) REGINA JOSEPH,
the author of the “BRAZILIAN BIKINI BODY PROGRAM” (“aUthor”)
NOR HER HEIRS, REPRESENTATIVES OR ASSIGNS, (IV) ST. MARTIN’S PRESS (“PUBLISHER”),
(III) NOR ANY OF OUR SERVICE PROVIDERS INCLUDING WITHOUT LIMITATION AMAZON.COM,
NOR (V) ANY OF SUCH PARTIES’ OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES
(COLLECTIVELY, THE “OPERATOR PARTIES”) ARE ACTING IN THE CAPACITY
OF A DOCTOR, LICENSED DIETICIAN-NUTRITIONIST, PSYCHOLOGIST OR OTHER LICENSED
OR REGISTERED PROFESSIONAL. ACCORDINGLY, YOU UNDERSTAND THAT NONE OF
THE OPERATOR PARTIES IS PROVIDING MEDICAL, HEALTH CARE, NUTRITION, OR OTHER
THERAPY SERVICES AND WILL NOT DIAGNOSE, TREAT OR ATTEMPT TO CURE IN ANY MANNER
WHATSOEVER, ANY DISEASE OR AILMENT OF THE HUMAN BODY. FURTHER,
YOU ACKNOWLEDGE THAT AUTHOR IS NOT EVER PRACTICING MEDICINE, OR ACTING IN THE
CAPACITY OF A PHYSICIAN WITH RESPECT TO YOU OR ANY OTHER VISITOR TO THIS WEBSITE,
AND ANY AND ALL POSTINGS BY HER, INCLUDING RESPONSES TO SPECIFIC COMMENTS OR
QUESTIONS FROM SUBSCRIBERS, REFER ONLY TO BROAD GENERALIZATIONS WHICH MAY NOT
APPLY TO A GIVEN INDIVIDUAL, AND WHICH MAY EVEN BE HARMFUL OR DANGEROUS TO
ANY GIVEN INDIVIDUAL DEPENDING ON THEIR MEDICAL CONDITION AND BACKGROUND. YOU
ARE FULLY AND COMPLETELY RESPONSIBLE FOR CONSULTING WITH A QUALIFIED MEDICAL
PROFESSIONAL REGARDING ANY INFORMATION CONTAINED OR CONVEYED ON THIS WEBSITE.
(b) You acknowledge and agree that
you take full responsibility for your life and well-being, as well as the lives
and well-being of your family, and all decisions arising out of or relating
to your use of the Website.
(c) You expressly assume the risks
of using the Website, whether or not such risks were created or exacerbated
by any of the Operator Parties, from any and all liability, damages, causes
of action, allegations, suits, sums of money, claims and demands whatsoever,
in law, admiralty or equity, which against any of the Operator Parties that
you have ever had, now have, or will have in the future, arising from the your
past or future participation in, or otherwise with respect to the Website,
unless arising from the gross negligence of any Operator Party.
3. Limited License. Operator grants to you a
limited non-exclusive and non-transferable right and license for your personal
use only to access the Website.
4. Prohibited Activities. In connection with
your use of the Website, you acknowledge and agree that you will not:
(a) copy, reverse engineer, reverse assemble, otherwise attempt to discover
the source code, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell any Content, software,
products or services obtained through the Website;
(b) access the Website by any means other than through the standard industry-accepted
or Operator-provided interfaces;
(c) transmit any software or Content that is or may be infringing, unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, or otherwise objectionable or may invade another's right of privacy
or publicity;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with such a person or entity;
(e) post or transmit any material that contains a virus or corrupted data;
(f) delete any author attributions, legal notices or proprietary designations
or labels that you upload to, or that otherwise appear on, the Website;
(g) use any Website communications features in a manner that adversely affects
the availability of such resources to Visitors or Subscribers (e.g., excessive
shouting, use of all caps or flooding continuous postings of repetitive text)
or adversely affects the quality of their experience in interacting with the
Website;
(h) post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid schemes" or
any other form of solicitation;
(i) violate any applicable local, state, national or international law;
(j) post
to the Website or transmit any Content that infringes or may infringe any
patent, trademark, trade secret, copyright or other proprietary rights of any
party;
(k) delete or revise any Content posted by any other person or entity;
(l) manipulate the Website by using framing or similar navigational technology;
(m) post to the Website or transmit any Content that is fraudulent;
(n) register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any product or service if you are
not expressly authorized by such party to do so; or
(o) use the Website for any purpose that is unlawful or prohibited by the Agreement.
You may not use the Website in any manner that could damage, disable, overburden
or impair Operator's servers or networks, or interfere with any other party’s
use and enjoyment of the Website. Furthermore, you may not attempt to gain
unauthorized access to any website, accounts, computer systems or networks
connected to Operator through hacking, password mining or any other means.
You may not obtain or attempt to obtain any software or Content through any
means not intentionally made available through the Website. Registrants agree
not to post or otherwise submit to the Website any Registrant Content that:
5. Commercial Transactions.
(a) Certain products or services,
including subscriptions to premium Content, may be offered for sale through
the Website. In the event you wish to purchase or to subscribe for any of these
products or services, you will be asked by Operator or an authorized third
party on Operator’s behalf to supply certain information, including without
limitation, your full name, address, telephone number and credit card information.
You agree to provide Operator or such third party with accurate, complete and
current information at all times, and to comply with the terms and conditions
of any agreement that you may enter into governing your purchase of the product
or service. You shall be responsible for all charges incurred through your
account as well as for paying any applicable taxes.
(b) Subscribers acknowledge and agree
that they authorize Operator to automatically debit their credit cards on a
rolling quarterly basis in consideration of the provision of subscription services
as described on the Website, in accordance with the order for such subscription
services placed by such Subscriber through the Website.
(c) Your right to use any service
or product that is available for purchase through the Website is conditional
on our receipt of payment for such service or product. If payment cannot be
charged to your credit card or if a charge is refunded for any reason, including
chargeback, we reserve the right to either suspend or terminate your account,
thereby terminating this Agreement and all obligations hereunder.
6. Forums. The Website contains certain “public” forums
that are viewable to all Subscribers. The Operator Parties expressly disclaim
all responsibility and endorsement and make no representation as to the validity
of any opinion, advice, information or statement made or displayed in these
forums by third parties. The Operator Parties are not responsible for
any errors or omissions in such postings, outdated postings or for hyperlinks
embedded in any messages. Under no circumstances will any of the Operator Parties
be liable for any loss or damage caused by your reliance on information obtained
through these forums. The opinions expressed in these forums are solely the
opinions of the party posting such opinions, and do not reflect the opinions
of any other party unless explicitly so indicated.
7. Monitoring. Operator does not,
and you agree that Operator has no obligation to, review Content submitted
by Subscribers before it is posted on the Website or once it has been posted
on the Website, and therefore we cannot guarantee the accuracy, integrity or
quality of Content posted by Subscribers and we cannot assure that harmful,
inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise
objectionable Content will not appear on the Website. Notwithstanding
the aforementioned, you acknowledge and agree that Operator shall have the
right to remove with or without explanation any Content that Operator determines,
in its sole discretion, to be harmful, inaccurate, deceptive, offensive, threatening,
defamatory, unlawful, or otherwise objectionable. You agree that you
shall notify Operator in writing of any objectionable Content. Content posted
to the Website be subject to size and usage limitations, and Subscribers
are responsible for adhering to such limitations.
8. Third Party Content.
(a) Any opinions, advice, statements,
services, offers, or other information or Content expressed or made available
by Subscribers are those of such Subscribers and not Operator. No Operator
Party guarantees the accuracy, completeness, or usefulness of any Content.
Furthermore, no Operator Party endorses or is responsible for the accuracy
and reliability of any opinion, advice, or statement made on the Website by
anyone.
(b) You agree that under no circumstances
will any of the Operator Parties be liable in any way, and that you shall hold
Operator and the Operator Parties harmless for (i) any errors or omissions
in Content provided through the Website, (ii) any loss or damage of any kind
incurred as a result of the use of Content provided through the Website, or
(iii) generally for the accuracy, reliability, or quality of Content provided
through the Website.
(c) By posting Content to the Website
or by otherwise sending or transmitting Content to us, Subscribers warrant
and represent that either (i) such Subscriber owns the proprietary rights to
any Content that such Subscriber is posting to the Website, or (ii) such Subscriber
has obtained prior written consent from the owner of proprietary rights to
any Content that such Subscriber is posting to the Website. By posting
Content to the Website, Subscribers also warrant and represent that any
such Content does and will not infringe any party’s proprietary, publicity,
privacy, or other rights and that such Content is and will not defamatory or
libelous.
(d) By posting Content to the Website
or by otherwise sending or transmitting Content to us, a Subscriber hereby
grants to us and our designees a worldwide, non-exclusive, sublicensable (through
multiple tiers), assignable, fully-paid, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through multiple tiers), create derivative
works of, publicly perform, publicly display, digitally perform, make, have
made, sell, offer for sale and import such Content in any media now known or
hereafter devised, for any purpose whatsoever, commercial or otherwise, without
compensation to such Subscriber, and to grant and authorize sublicenses of
the foregoing through multiple tiers of sublicensees, including the right to
exercise the copyright, publicity, and any other rights over any of the materials
contained in such Content for any purpose, including for purposes of advertising
and publicity on the Website and elsewhere. Such Subscribers waive any
moral rights in, or approval rights to, such Content.
(e) None of the Content posted via
public forums shall be subject to any obligation, whether of confidentiality,
attribution, or otherwise, and none of the Operator Parties shall be liable
for any use or disclosure of any such Content.
9. Sweepstakes, Contests and Games. Operator may provide
sweepstakes, contests and games through the Website. The rules, regulations
and procedures governing any of the foregoing shall be accessible through a
hypertext link prominently displayed on the web page where the sweepstake,
contest or game may be located. By entering or participating in any of them,
you agree to be subject to those rules, regulations and procedures. Please
remember to read the rules carefully before participating.
10. Disclaimer Regarding Links. The links on the Website
may permit you to leave the Website in order to access a linked site (the "Linked
Website"). Operator provides these links as a convenience, but we neither
control nor endorse any Linked Website, nor has Operator reviewed or approved
the content which appears on any Linked Website. Operator is not responsible
for the legality, accuracy or inappropriate nature of any content, advertising,
products or other materials on or available from any Linked Website. You acknowledge
and agree that Operator and the Operator Parties shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with the use of any of the links, content, goods
or services available on or through any Linked Website.
11. Dealings with Third Parties. Your participation,
correspondence or business dealings with any third party found on or through
the Website, regarding payment and delivery of specific goods and services,
and any other terms, conditions, representations or warranties associated with
such dealings, are solely between you and such third party. You agree that
none of the Operator Parties shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings.
12. Proprietary Rights. You acknowledge and agree that
the Website contains intellectual property and other proprietary rights that
are protected by applicable intellectual property and other laws, and that
are the sole property the Operator Parties or such parties’ licensors.
You further acknowledge and agree that any Content contained in advertisements
or information presented to you through advertisers is protected by copyrights,
trademarks, service marks, patents of such third parties or other proprietary
rights and laws.
13. Copyright Policy. The Digital Millennium Copyright
Act of 1998 (the "DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
the U.S. copyright law. If you believe in good faith that materials hosted
by Operator infringe your copyright, you, or your agent may send to Operator
a notice requesting that the material be removed or access to it be blocked.
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon Operator actual knowledge
of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send to Operator a counter-notice.
All notices and counter notices must meet the then current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright for
details.
Operator's copyright agent for notice of claims of copyright infringement or
counter notices can be reached as follows:
Designated Agent: Jerry Spiegel, Esq.
Address of Agent: c/o Frankfurt, Kurnit, Klein & Selz
488
Madison Avenue, 10th floor
NY NY 10022
E-mail for notice: jspiegel@fkks.com
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the DMCA.
14. Privacy.
Operator 's policy with respect to the collection and use of your personally
identifiable information through the Website is set forth at http://www.thebrazilianbikinibodyprogram.com/privacy.html.
15. DISCLAIMER OF WARRANTIES.
(A) YOU ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF THE
OPERATOR PARTIES MAKES ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS,
COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE
OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING
ON THE WEBSITE. NONE OF THE OPERATOR PARTIES ENDORSES ANY OPINION,
ADVICE, COMMENT OR STATEMENT MADE ON THE WEBSITE BY REGISTRANTS AND REGISTRANT
CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF ANY
OF THE OPERATOR PARTIES.
(B) YOU ACKNOWLEDGE AND AGREE THAT
UNDER NO CIRCUMSTANCES WILL ANY OF THE OPERATOR PARTIES BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR
CAUSED BY YOUR CONDUCT. OPERATOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
(C) EXCEPT AS EXPRESSLY
PROVIDED HEREIN, NONE OF THE OPERATOR PARTIES MAKES ANY REPRESENTATION OR
WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY,
THE OPERATOR PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
16. LIMITATION OF LIABILITY.
(A) IN NO EVENT SHALL ANY OF THE
OPERATOR PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL
OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE,
INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST
PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EACH
OF THE OPERATOR PARTY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY
IN ANY CIRCUMSTANCE IS LIMITED THE GREATER OF (I) THE AGGREGATE AMOUNT PAID
BY YOU TO OPERATOR FOR USE OF THE WEBSITE, OR (III) $1,000.
(B) SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS IN SECTIONS 15 OR 16 HEREOF MAY NOT APPLY TO
YOU.
17. Representations and Warranties. Each
Subscribers represents and warrants that (i) such Subscriber will abide by
the terms of this Agreement, (ii) the posting of Content by such Subscriber
does not violate any restrictions to which such Subscriber is bound, (iii)
Content submitted by such Subscriber is accurate and does not and shall not
infringe the copyright, trademark, patent or other intellectual property
law of any third party or defame or invade the publicity rights or the privacy
of any person, living or deceased, and (iv) the submission of Content by
such Subscriber does not violate the terms of this Agreement or any applicable
laws or regulations. Visitors represent and warrant that they
will abide by the terms of this Agreement.
18. Indemnification. You agree to indemnify, defend,
and hold the Operator Parties harmless from and against any and all claims,
damages, losses, costs or expenses (including reasonable attorneys' fees
and disbursements) which arise directly or indirectly out of or from (i)
your breach of this Agreement, (ii) any allegation that any Content that
you transmit to Operator or post on the Website infringes or otherwise violates
the copyright, trade secret, trademark or other intellectual property rights
of a third party, and (iii) your access or use of the Website. This Section
17 shall survive in the event this Agreement is terminated for any reason.
19. Notice. Except as otherwise stated, any notice
to us shall be given by certified mail to:
Brazilian
Bikini Body Program LLC
c/o Emerging
Media Group
390 Park
Avenue South
NY NY 10016
USA
and any notice to you shall be given to the e-mail address that you provided
us during the registration process. Notice shall be considered given
twenty-four (24) hours after e-mail is sent, unless the sending party is notified
that the e-mail address is invalid. Notice given by postal mail shall
be deemed given three (3) days after the date of mailing.
20. Jurisdictional Issues. The Operator Parties make
no representation or warranty that Content on the Website is appropriate or
available for use in locations outside the United States. Those who choose
to access the Website from other locations do so on their own initiative and
at their own risk, and are responsible for compliance with local laws, if and
to the extent applicable. Operator reserves the right, at any time in
our sole discretion, to limit the availability and accessibility of the Website
to any person, geographic area, or jurisdiction we so desire, and to limit
the services or products that we provide accordingly.
21. General Information. This Agreement constitutes
the entire agreement and understanding between you and the Operator Parties
and governs your use of the Website, superseding any prior agreements between
you and any of Operator. This Agreement and the relationship between you and
Operator shall be governed by and construed in accordance with the laws of
the State of New York, without regard to its conflict of law provisions. You
and the Operator irrevocably agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within the county of New
York, in the State of New York, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. The failure of Operator to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severed herefrom and shall not affect the
validity and enforceability of any remaining provisions. The section titles
in this Agreement are for convenience purposes only and have no legal or contractual
effect. This Agreement is not assignable, transferable or sub-licensable by
you; however, we may assign this Agreement to any third party whom we choose
without your consent. No waiver by Operator of any breach or default hereunder
shall be deemed a waiver of any preceding or subsequent breach or default. Any
provision of this Agreement that imposes or contemplates continuing obligations
on you or Operator shall survive the expiration or termination of this Agreement
to the extent necessary to carry out such provision.
