Terms of Service
These Terms of Service constitute an agreement between you, an individual, organization, corporation, or other entity or business that uses the Website in any way, including, but not limited to, accesses, browses, submits listings, posts feedback, comments, reviews, or other information on the Website (“You,” “Your,” and “Yourself”), and NewColumbia51.com LLC, a District of Columbia corporation (“We,” “Us,” and “Our”).
The parties agree as follows:
By accessing or browsing the Website, creating an account, submitting listings, posting feedback, comments, reviews, or other information on the Website, or using the Website in any other way, You agree to be bound by these Terms of Service. We grant You permission to use the Website subject to these Terms of Service and the Privacy Policy. We may revoke the permission at any time, at Our sole discretion, without notifying You, obtaining Your consent, and without compensating You in any way. You must be at least eighteen years old and have all respective rights, powers, and authority to agree to these Terms of Service and the Privacy Policy and to use the Website.
Article I
DEFINITIONS
As used in these Terms of Service, the terms defined in the preamble have their assigned meanings and the following terms have the meanings assigned to them in this Article:
(a) “Affiliate” means, with respect to any person or entity, each stockholder, subsidiary, parent, officer, director, agent, representative, and employee of that person or entity.
(b) “Article [insert number]” means the specified Article in these Terms of Service.
(c) “Our Content” means any and all information, files, data, documentation, text, graphics, design, compilations, drawings, images, photos, illustrations, videos, animations, audios, source code, object code, interfaces, features, software, trademarks, service marks, Internet domain names, trade names, other intellectual property We post on the Website, otherwise use in connection with the Website, or have interests in or rights to, excluding Your Content.
(d) “Privacy Policy” means this Privacy Policy.
(e) “Section [insert number]” means the specified Section in these Terms of Service.
(f) “Terms of Service” means these Terms of Service.
(g) “Third Party Content” means any and all information, files, data, documentation, text, graphics, design, compilations, drawings, images, photos, illustrations, videos, animations, audios, trademarks, service marks, trade names, suggestions, and ideas a third party includes in its listings, feedback, reviews, or comments on the Website, any and all information in a third party’s account profile on the Website, any and all information connected to a third party’s use of the Website, and any and all information a third party otherwise submits or posts on the Website or communicates to Us by any means of communication.
(h) “Website” means this Internet website: 51st.life.
(i) “Your Content” means any and all information, files, data, documentation, text, graphics, design, compilations, drawings, images, photos, illustrations, videos, animations, audios, trademarks, service marks, trade names, suggestions, and ideas You include in Your listings, feedback, reviews, or comments on the Website, any and all information in Your account profile on the Website, any and all information connected to Your use of the Website, and any and all information You otherwise submit or post on the Website or communicate to Us by any means of communication.
Article II
EFFECTIVE DATE AND CHANGES
Section 2.01. Changes to the Terms of Service. We may at any time, at Our sole discretion, without notifying You, obtaining Your consent, and without compensating You in any way, make changes to these Terms of Service and determine when such changes become effective and binding between You and Us. You are bound by the Terms of Service in effect at the time when You access or browse the Website, run a search, access a listing or any other information on the Website, open an account on the Website, submit a listing, post feedback, comments, reviews, or any other information on the Website, or use the Website in any other way. At least once a month, You shall review these Terms of Service for any changes by clicking on the link ‘Terms of Service’ on the Website home page. If You have an account on the Website, We shall notify You by e-mail of any material changes We make to these Terms of Service. Any and all notices of any material changes We make to the Terms of Service are effective and deemed to have been received by You upon Our dispatch of the notice. If You continue to use the Website on or after the date when the changes become effective, You accept and agree to be bound by the Terms of Service with all such changes.
Article III
YOUR CONTENT
Section 3.01. Our Right to Use Your Content. You grant Us irrevocable, world-wide, perpetual, nonexclusive, royalty-free, assignable, sub-licensable, transferable license to reproduce, distribute, perform, display publicly or otherwise, alter, modify, prepare derivative works, incorporate into or display together with any other content, relocate, and otherwise use Your Content for any purpose, in any way, and by any means. You irrevocably waive any artist’s rights and moral rights You might otherwise have in Your Content. To the extent You cannot legally waive such rights, You hereby agree not to assert any claim for violation of those rights against Us.
Section 3.02. Prohibition on Claiming Endorsement, Recommendation, Promotion, Support, or Sponsorship. You shall not state, claim, or imply on the Website or elsewhere that We or any of Our Affiliates in any way endorse, recommend, promote, support, or sponsor You, Your business, or Your Content.
Section 3.03. Copy of Your Content. We are not obligated to make, backup, or retain a copy of Your Content or provide You with a copy of Your Content.
Section 3.04. Our Right to Remove Your Content. We may at any time, at Our sole discretion, for any or no reason, without notifying You, obtaining Your consent, and without compensating You in any way, remove temporarily or permanently Your Content from the Website, delete Your account, and prohibit You from creating an account on the Website and from submitting listings, posting feedback, comments, reviews, and any and all other information on the Website. If We permanently remove any of Your paid listings for any reason other than for violation of the Terms of Service, the Privacy Policy, or any law or regulation, We shall issue a prorated refund for the time period from the day We remove the listing from the Website until the end of the billing cycle.
Article IV
THIRD PARTY CONTENT
Section 4.01. Infringement on Third Party Content. You shall not copy, download, upload, publish, reproduce, distribute, perform, prepare derivative works, alter, or modify Third Party Content. You shall not solicit, request, encourage, aid, abet, or enable anybody else to copy, download, upload, publish, reproduce, distribute, perform, prepare derivative works, alter, or modify Third Party Content.
Section 4.02. Complaints About Third Party Content. You may contact Us regarding Third Party Content if You believe it violates Your rights, the Terms of Service, the Privacy Policy, or any law or regulation. It shall be at Our sole discretion whether or not to act on any communication We receive from You in connection with Third Party Content.
Section 4.03. Our Right to Remove Your Content, Delete Your Account, and Prohibit You from Using the Website for Infringement on Third Party Content. If You violate any of the provisions of Section 4.01, We may at any time, at Our sole discretion, without notifying You, obtaining Your consent, and without compensating You in any way, remove Your Content from the Website, delete Your account, and prohibit You temporarily or permanently from creating an account, submitting listings, posting feedback, reviews, and comments on the Website, and from using the Website in any other way.
Article V
OUR CONTENT
Section 5.01. Infringement on Our Content. You shall not copy, download, upload, reproduce, distribute, perform, prepare derivative works, alter, or modify Our Content. You shall not solicit, request, encourage, aid, abet, or enable anybody else to copy, download, upload, reproduce, distribute, perform, prepare derivative works, alter, or modify Our Content. Nothing in these Terms of Service or the Privacy Policy shall be construed as limiting Our rights in Our Content. Nothing in these Terms of Service or the Privacy Policy shall be construed as reserving to You any right in Our Content. Nothing in these Terms of Service or the Privacy Policy shall be construed as creating, conveying, transferring, granting, or conferring upon You any rights, interests, license or authority in or to Our Content. You shall not acquire and shall not claim any right to Our Content.
Section 5.02. Our Right to Remove Your Content, Delete Your Account, and Prohibit You from Using the Website for Infringement on Our Content.If You violate any of the provisions of Section 5.01, We may at any time, at Our sole discretion, without notifying You, obtaining Your consent, and without compensating You in any way, remove Your Content from the Website, delete Your account, and prohibit You temporarily or permanently from creating an account, submitting listings, posting feedback, reviews, and comments on the Website, and from using the Website in any other way.
Article VI
CREATING AND MAINTAINING AN ACCOUNT ON THE WEBSITE
Section 6.01. Creating an Account on the Website. In order to submit listings, post feedback, reviews, or comments on the Website, You shall create and maintain an account on the Website. In order to create an account on the Website, You shall use Your e-mail address and create and remember a password of Your choice.
Section 6.02. Prohibited Conduct Connected with Your Account. You shall not:
(a) include in Your account profile or otherwise use any third party’s personal or private information, including, but not limited to, name, e-mail address, social profile, photo, picture, or other portrayal of any kind;
(b) create more than one account for Yourself;
(c) create an account for anyone other than Yourself;
(d) allow anybody else to use Your account on the Website;
(e) include in Your account profile any information beyond the information requested or allowed in Your account profile;
(f) include in Your account profile or otherwise use any information that violates Our or any third party’s rights or interests or any law or regulation; or
(g) engage in any activity that may disrupt the normal functioning of the Website.
Section 6.03. Updating Your Account Information. You shall immediately update all information in Your account profile. You assume all risks associated with failing to immediately update all information in Your account profile.
Section 6.04. Submitting a Request to Delete Your Account. You may request that We delete Your account on the Website. You shall submit Your request to delete Your account by clicking on the ‘Delete Account’ button on the ‘Edit Account’ page on the Website and completing all the subsequent steps. Your request to delete Your account is effective only if You complied with this Section and if We have actually received the request.
Section 6.05. Our Right to Delete Your Account. We may at any time, at Our sole discretion, for any or no reason, without notifying You, obtaining Your consent, and without compensating You in any way, delete Your account on the Website, remove Your Content from the Website, and prohibit You temporarily or permanently from creating an account, submitting listings, posting feedback, reviews, and comments on the Website, and from using the Website in any other way.
Article VII
YOUR FEEDBACK, REVIEWS, AND COMMENTS
Section 7.01. Prohibited Content in Feedback, Reviews, and Comments. You shall not include in any of Your feedback, reviews, or comments, and You shall not solicit, request, encourage, aid, abet, or enable anybody else to include in any of their feedback, reviews, or comments:
(a) a false, obscene, vulgar, defamatory, or insulting statement, or a statement that is off topic, contains threats, hate speech, nudity, pornography, any unlawful material, degrades human dignity, harms minors, incites hatred, hostility, violence, or any other illegal conduct, or is intended to harass, stalk, or insult;
(b) a hyperlink;
(c) spam;
(d) an advertisement or any other information or a statement mentioning an individual, organization, corporation, or other entity or business of any kind that is without a listing on the Website;
(e) any information, including, but not limited to, ratings connected to any of Your businesses listed or otherwise mentioned on the Website;
(f) any personal or private information, including, but not limited to, an e-mail address, postal address, telephone or fax number, social security number, bank account number, credit or debit card number, and ID number;
(g) any content impersonating a third party, including, but not limited to, a third party’s photo, picture, and other portrayal of any kind; or
(h) any content that violates Our or third party’s rights or interests or is in violation of the Terms of Service, the Privacy Policy, or any law or regulation.
You shall not use anybody else’s account to post feedback, reviews, or comments on the Website.
Article VIII
YOUR LISTINGS
Section 8.01. Prohibited Content in Listings. You shall not include in any of Your listings:
(a) information about more than one business;
(b) information about more than one business location;
(c) information about a business location outside of the District of Columbia;
(d) a statement or information that is false, incorrect, misleading, deceptive, irrelevant, obscene, vulgar, defamatory, insulting, or contains threats, hate speech, nudity, pornography, any unlawful material, degrades human dignity, harms minors, incites hatred, hostility, violence, or any other illegal conduct, or is intended to harass, stalk, or insult;
(e) a comparison between You, Your business, or Your Content and a third party, third party’s business, or Third Party Content, or a comparison between You, Your business, or Your Content and Us or Our Content;
(f) any information beyond the information requested or allowed for inclusion in a listing;
(g) Your personal or private information unless specifically requested when You submit or edit the listing;
(h) a hyperlink to a website other than the website of Your business for which You submit or edit the listing;
(i) spam;
(j) an advertisement or any other information or a statement mentioning an individual, organization, corporation, or other entity or business of any kind that is without a listing on the Website;
(k) a third party’s personal or private information, including, but not limited to, name, e-mail address, postal address, telephone or fax number, social security number, bank account number, credit or debit card number, and ID number;
(l) any content impersonating a third party, including, but not limited to, a third party’s photo, picture, and other portrayal of any kind; or
(m) any content that violates Our or third party’s rights or interests or is in violation of the Terms of Service, the Privacy Policy, or any law or regulation.
You shall only include Your listings in categories and sub-categories that fall within the nature of Your business described in the listing.
You shall not use anyone else’s account to submit a listing.
Section 8.02. Feedback, Reviews, and Comments About Your Listings. Third parties may be able to post feedback, reviews, and comments on the Website about You, Your businesses, and Your Content at any time, including, but not limited to, after We delete Your account on the Website and after You discontinue using the Website. At any time, including, but not limited to, after We delete Your account on the Website and after You discontinue using the Website, the public may be able to access any and all feedback, reviews, and comments on the Website about You, Your businesses, and Your Content. If you believe a review or comment is in violation of the Terms of Service, the Privacy Policy, or any law or regulation, You may contact Us by clicking on the ‘Palm’ icon next to the review or comment and submitting the online form for complaints. Any and all Your complaints about reviews or comments are effective only if You complied with this Section and if We have actually received the complaint. It shall be at Our sole discretion whether or not to act on any and all complaints We receive from You about reviews or comments.
Section 8.03. Subscription Plans. You shall choose a subscription plan for each of Your listings from the subscription plans We offer at the time when You submit the listing. You may change a subscription plan for any of Your listings to another subscription plan We offer at the time when You notify Us of the change. You shall notify Us by e-mail of the change. You accept and agree to be bound by these Terms of Service and the terms of the subscription plans You choose for any and all Your listings on the Website. If You change a paid subscription plan to a free subscription plan for any of Your listings on the Website, You shall make all payments due under the paid subscription plan, including, but not limited to, for the billing cycle during which You notify Us of the change. If You change a free subscription plan to a paid subscription plan, You shall pay Us as set forth in the paid subscription plan and in Section 8.04 of these Terms of Service.
We may at any time, at Our sole discretion, without obtaining Your consent, and without compensating You in any way, change any and all terms of any and all subscription plans, including, but not limited to, change any and all free subscription plans to paid subscription plans, raise or lower the price of any and all subscription plans You are subscribed to, add and/or remove the features of any and all subscription plans You are subscribed to, discontinue any and all subscription plans You are subscribed to, add new subscription plans, and determine when such changes become effective. We shall notify You by e-mail of any changes to the subscription plans You are subscribed to. In order to change Your subscription plan, You shall make a request by e-mail within thirty days after receiving the notice from Us. Failure to request another subscription plan within thirty days is considered acceptance of such changes. If We discontinue a subscription plan for any of Your listings, and if within thirty days after receiving notice from Us, You fail to request by e-mail another subscription plan, We may select another subscription plan for any and all Your listings that correspond to the discontinued plan. If You change a free subscription plan for Your listing to a paid subscription plan, You shall pay Us as set forth in the terms of the paid subscription plan and in Section 8.04 of these Terms of Service.
Section 8.04. Payments. If You choose a paid subscription plan for any of Your listings on the Website, You shall pay Us the amount set forth in the terms of the subscription plan for the listing no later than the first day of every billing cycle, time is of the essence. If You fail to pay Us as set forth in this Section, We may remove the listing from the Website or change the paid subscription plan for the listing to any of the free subscription plans.
Article IX
MODIFICATIONS, INTERRUPTIONS, AND DISCONTINUANCE
Section 9.01. Modifications. We may at any time, at Our sole discretion, without notifying You, obtaining Your consent, or compensating You in any way, make any modifications and changes to the Website, Our Content, Your Content, and Third Party Content, including, but not limited to, their functionalities, design, look, and feel.
Section 9.02. Discontinuance. We may at any time, at Our sole discretion, without notifying You, obtaining Your consent, and without compensating You in any way, discontinue the Website. We shall issue a prorated refund for Your paid listings from the day when We discontinue the Website until the end of the billing cycle.
Article X
RELEASE FROM LIABILITY, INDEMNIFICATION
Section 10.01. Release From Liability, Indemnification. You access, browse, submit listings, post feedback, comments, reviews, and use the Website in any other way at Your own discretion and risk.
We are not obligated to preview, monitor, control, or alter Third Party Content. We do not promote, endorse, or recommend Third Party Content or any third party, including, but not limited to, other Website users, their goods or services, whether listed or in any other way mentioned on the Website or not, and third parties whose software, hardware, hosting, network security, communication, or other services We use in connection with the Website. We are not obligated to monitor or control any third party’s conduct on the Website or elsewhere. You conduct any and all transactions with third parties, including, but not limited to, third parties listed or otherwise mentioned on the Website and any and all third parties whose software, hardware, hosting, network security, communication, or other services We use in connection with the Website, at Your own discretion and risk. These transactions include, but are not limited to, purchasing goods and using services. If You access, browse, or use in any other way any third party’s website, including, but not limited to, any and all websites accessible via hyper-links posted on the Website, You do so at Your own discretion and risk.
You agree to release Us and each Our Affiliate from and not to assert any claim against Us or any Our Affiliate for any and all liability, expenses, damages, including, but not limited to, compensatory damages, expectation damages, reliance damages, restitutionary damages, special damages, general damages, incidental damages, consequential damages, speculative damages, punitive damages, distress damages, statutory damages, liquidated damages, and nominal damages, claims, suits, actions, judgments, costs, professionals’ fees and expenses, including any attorneys’ fees and disbursements, arising out of or relating to:
(a) Third Party Content, including, but not limited to, any and all misstatements, omissions, and inaccuracies in Third Party Content;
(b) Our inaction with regard to any and all communications We receive from You regarding Third Party Content;
(c) any and all transactions connected to the Website or otherwise You enter into with any and all third parties, including, but not limited to, any and all third parties listed or otherwise mentioned on the Website and any and all third parties whose software, hardware, hosting, network security, communication, or other services We use in connection with the Website;
(d) any other use by You of the Website;
(e) Your use of any and all third party websites and any and all content posted on any and all third party websites, including, but not limited to, websites accessible via hyper-links posted on the Website and websites mentioned in Our communications to You;
(f) any and all third party’s conduct on or off the Website, including, but not limited to, any and all third party’s violations of the Terms of Service, the Privacy Policy, or Your rights or interests available to You at law or equity;
(g) any and all changes We make to subscription plans on the Website;
(h) any and all modifications or changes We make to the Website, Our Content, Your Content, or Third Party Content, including, but not limited to, their functionalities, design, look, and feel;
(i) any and all interruptions in the Website work, functionalities, design, look, or feel; or
(j) discontinuation of the Website.
We are not obligated to indemnify or defend You from or against any expenses, damages, including, but not limited to, compensatory damages, expectation damages, reliance damages, restitutionary damages, special damages, general damages, incidental damages, consequential damages, speculative damages, punitive damages, distress damages, statutory damages, liquidated damages, and nominal damages, claims, suits, actions, judgments, or costs, any professionals’ fees or expenses, including any attorneys’ fees or disbursements, arising out of or relating to:
(a) Your Content;
(b) Our Content;
(c) Third Party Content;
(d) Your account on the Website;
(e) any and all transactions in connection with the Website or otherwise You enter into with any and all third parties, including, but not limited to, any and all third parties listed or otherwise mentioned on the Website and any and all third parties whose software, hardware, hosting, network security, communication or other services We use in connection with the Website;
(f) any other use by You of the Website;
(g) Your use of any and all third party websites and any and all content posted on any and all third party websites, including, but not limited to, websites accessible via hyper-links posted on the Website and websites mentioned in Our communications to You;
(h) any and all removals of Your Content or Your account from the Website;
(i) any and all modifications or changes We make to the Website, Our Content, Your Content, or Third Party Content, including, but not limited to, their functionalities, design, look, and feel;
(j) any and all interruptions in the Website work, functionalities, design, look, or feel; or
(k) discontinuation of the Website.
We are not obligated to enforce these Terms of Service, the Privacy Policy, or any law or regulation on Your behalf.
You shall indemnify and defend Us and each Our Affiliate from and against any expenses, damages, including, but not limited to, compensatory damages, expectation damages, reliance damages, restitutionary damages, special damages, general damages, incidental damages, consequential damages, speculative damages, punitive damages, distress damages, statutory damages, liquidated damages, and nominal damages, claims, suits, actions, judgments, and costs, all professionals’ fees and expenses, including reasonable attorneys’ fees and disbursements, arising out of or relating to any claim or action in connection with:
(a) Your Content;
(b) Your account on the Website;
(c) any and all transactions in connection with the Website or otherwise You enter into with any and all third parties, including, but not limited to, any and all third parties listed or otherwise mentioned on the Website, and any and all third parties whose software, hardware, hosting, network security, communication or other services We use in connection with the Website;
(d) any other use by You of the Website;
(e) Your use of any and all third party websites and any and all content posted on any and all third party websites, including, but not limited to, websites accessible via hyper-links posted on the Website and websites mentioned in Our communications to You;
(f) any and all removals of Your Content or Your account from the Website; or
(g) any breach by You of any provision of the Terms of Service, the Privacy Policy, or any law or regulation.
Article XI
DISCLAIMER OF WARRANTIES
Section 11.01. Disclaimer of Warranties. The Website is available to You “as is”, “where is”, “with all faults”, and “as available”. We expressly disclaim all warranties, express or implied, including warranties of infringement, any implied warranties of merchantability or fitness for a particular purpose, and any warranties as to any third party, third party’s conduct, Third Party Content, and any third party’s goods and services, whether listed or otherwise mentioned on the Website. You use the Website with full assumption of the risks associated with this disclaimer.
Article XII
TERMINATION
Section 12.01. Our Right to Terminate the Terms of Service. We may at any time, at Our sole discretion, for any or no reason, without notifying You, obtaining Your consent, and without compensating You in any way terminate these Terms of Service.
Section 12.02. Your Right to Terminate these Terms of Service. You may at any time terminate these Terms of Service by submitting a request to delete Your account on the Website as set forth in Section 6.04 of these Terms of Service and by discontinuing any and all use of the Website.
Section 12.03. Consequences of Your or Our Termination of the Terms of Service. If You or We terminate these Terms of Service in accordance with this Article, We may:
(a) continue collecting and using Your Content and any an all other information as set forth in these Terms of Service and the Privacy Policy;
(b) delete Your account on the Website;
(c) remove from the Website Your Content and any and all information connected to Your use of the Website; and
(d) if You violate any of the provisions of these Terms of Service, the Privacy Policy, or any law or regulation, prohibit You from creating an account on the Website and from submitting listings, posting feedback, comments, reviews, and any and all other information on the Website.
Section 12.04. No Further Obligations of the Parties.If either party exercises its right to terminate these Terms of Service in accordance with this Article, once You make all payments due, these Terms of Service terminate and the parties have no further obligations under these Terms of Service.
Section 12.05. Reservation of Rights.By terminating these Terms of Service in accordance with this Article, We do not waive any of Our rights to pursue any other available remedies, including, but not limited to, the right to recover damages for harm suffered due to Your breach.
Article XIII
GENERAL PROVISIONS
Section 13.01. Notices and Other Communications. Except as otherwise provided in Section 2.01 of these Terms of Service, each party giving any notice or making any request, demand or other communication pursuant to these Terms of Service shall give such notice, request, demand, or other communication in writing and use e-mail as the method of delivery. Except as otherwise provided in Section 2.01 of these Terms of Service, a notice, request, demand, or other communication is effective only if the party giving such notice or making such request, demand, or other communication has complied with this Section and if the party to whom such notice, request, demand, or other communication is addressed has received it. All risk of nondelivery of any and all notices, requests, demands, and other communications from Us to You and from You to Us lies with You.
You shall send Us any and all notices, requests, demands, and other communications by clicking on the ‘Contact Us’ link and filling out and submitting the contact form.
We shall send You any and all notices, requests, demands, and other communications by e-mail to the e-mail address You include in Your account profile.
Section 13.02. Modifications of Amendments. The parties may not modify or amend these Terms of Service, except as set forth in Section 2.01 of these Terms of Service.
Section 13.03. Waiver. No provision in these Terms of Service may be waived by Us, except pursuant to a writing executed by Us. No failure or delay in exercising any right or remedy or requiring the satisfaction of any condition under these Terms of Service, and no course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver made by Us in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
To the extent any course of dealing, act, omission, failure, or delay in exercising any rights or remedy under these Terms of Service constitutes the election of an inconsistent right or remedy, that election does not constitute a waiver of any right or remedy or limit or prevent the subsequent enforcement of any provision of these Terms of Service. No single or partial exercise of any right or remedy under these Terms of Service precludes the simultaneous or subsequent exercise of any other right or remedy.
Section 13.04. Severability. If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Service remain in full force, as long as the essential terms and conditions of these Terms of Service for each party remain valid, binding, and enforceable.
Section 13.05. Survivability. Sections 2.01, 3.01, 3.02, 3.03, 3.04, 4.01, 4.02, 4.03, 5.01, 5.02, 6.02, 6.03, 6.05, 7.01, 8.01, 8.02, 8.03, 8.04, 9.01, 9.02, 10.01, 11.01, 12.03, 12.04, 12.05, 13.01, 13.02, 13.03, 13.04, 13.06, 13.07, 13.08, 13.09, 13.10, 13.11, and 13.12 of these Terms of Service will survive the termination of these Terms of Service.
Section 13.06. Merger.These Terms of Service and the Privacy Policy constitute the final agreement between You and Us. It is the complete and exclusive expression of the parties’ agreement on the matters contained in these Terms of Service and the Privacy Policy. All prior and contemporaneous negotiations and agreements between You and Us on the matters contained in these Terms of Service or the Privacy Policy are expressly merged into and superseded by these Terms of Service and the Privacy Policy. In entering into these Terms of Service and the Privacy Policy, neither party has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in these Terms of Service or the Privacy Policy. There are no conditions precedent to the effectiveness of these Terms of Service or the Privacy Policy, other than those expressly stated in these Terms of Service or the Privacy Policy.
Section 13.07. Assignment and Delegation. We may assign Our rights under these Terms of Service and the Privacy Policy. We may delegate Our performance under these Terms of Service and the Privacy Policy. Contemporaneously with the delegation, We are released from all Our performance obligations under these Terms of Service and the Privacy Policy.
You shall not without Our prior written consent assign any of Your rights under these Terms of Service or the Privacy Policy, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner. You shall not without Our prior written consent delegate any performance under these Terms of Service or the Privacy Policy. Despite any delegation, You remain liable for the performance You delegated. Any purported assignment of Your rights or delegation of Your performance without Our prior written consent is void.
Section 13.08. Third Party Beneficiaries. Our Affiliates are third party beneficiaries of these Terms of Service and the Privacy Policy in accordance with these Terms of Service and the Privacy Policy. These Terms of Service and the Privacy Policy are not intended to, nor may they be deemed to, create any rights of enforcement in any persons who are neither parties to these Terms of Service nor Our Affiliates. These Terms of Service and the Privacy Policy do not and are not intended to create any rights or remedies upon any person other than You and Us.
Section 13.09. Captions. The headings of the articles, sections, and subsections of these Terms of Service are for convenience only and do not constitute a part of these Terms of Service and do not affect the interpretation or construction of these Terms of Service or the Privacy Policy.
Section 13.10. Governing Law. The laws of the District of Columbia (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these Terms of Service and the Privacy Policy and all of the transactions these Terms of Service or the Privacy Policy contemplate, including, without limitation, the validity, interpretation, construction, performance, and enforcement of these Terms of Service and the Privacy Policy.
Section 13.11. Arbitration. Any controversy or claim arising out of or relating to these Terms of Service or the Privacy Policy, including the breach, termination or validity thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in effect on the date of this agreement, by one independent and impartial arbitrator appointed by the American Arbitration Association. The place of arbitration shall be Washington, District of Columbia. Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment pursuant to arbitration is final and may be entered and enforced in any court of competent jurisdiction.
Section 13.12. Rights and Remedies Cumulative. Our rights and remedies set forth in these Terms of Service or the Privacy Policy are not intended to be exhaustive and the exercise by Us of any right or remedy does not preclude the exercise of any other rights or remedies, all of which are cumulative and are in addition to any other right or remedy set forth in these Terms of Service or the Privacy Policy or which may now or subsequently exist in law or in equity or by statute or otherwise.