Terms and conditions
Effective date: September 21, 2020
Last modified: September 21, 2020
Website covered: https://livexp.com
Application covered: LiveXP application
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We are thrilled that you have chosen us to help with your on-line educational or training needs.
The following pages create the terms and conditions of a contract between You and Us which covers (a) your use of LiveXP and (b) how we make our programs available to you.
The following terms and conditions (the “Terms”) apply to Our provision and Your use of the information, services and materials (“Online Content and Tutorials”) through the LiveXP website, Platform and application (collectively the “LiveXP”) including you visiting and browsing LiveXP (being a “Browser”) and registering with LiveXP as a student (a “Learner”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using LiveXP immediately.
1. About Us
- In these Terms, references to “We” or “Us” are toLIVEXP LEARNING LTD, a limited liability company, registered in the Republic of Cyprus under registration number HE 408450, having its registered office at 12 Chrysanthou Mylona, Harmonia Building, Block 1, 1st Floor, Flat 15, 3030 Limassol, CYPRUS.
- In these Terms, references to “You” or “Your” are references to you whether as a Browser or a Learner.
- LIVEXP offers Online Content and Tutorials from professionals across the world (“Partner Professionals”).
- If you have any questions about these Terms or wish to contact us for any reason please get in touch by e-mailing us at: [email protected].
2. Using the Website (Learner conduct)
By using LiveXP and the Online Content and Tutorials, you confirm that you have read and agree with these Terms and the Policies (each as amended from time to time). Browsers and Learners must be aged thirteen (13) years and over in order to be able to use LiveXP. All persons who do not meet these criteria are strictly forbidden from accessing, viewing the contents of, or otherwise joining the LiveXP. We do not knowingly seek or collect any personal information from persons who have not attained the age of thirteen (13). For residents of the EEA, where the processing of personal information is based on consent, users between 13 and 16 years old of age should use the LiveXP only subject to parental consent. By continuing using the LiveXP, we assume that the necessary consents by the guardians/parents have been provided. If we learn that we are engaged in that processing with such users without the parental consent, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
Your use of and access to LiveXP and the Online Content and Tutorials are subject to the following conditions (“Acceptable Use Conditions”). You hereby agree that any failure to comply with any one of the below Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
You agree to use LiveXP and access the Online Content and Tutorials only for lawful purposes and your use of LiveXP and Online Content and Tutorials is in no way unlawful or fraudulent, and that you do not have the intention to affect or harm the reputation or financially either Us or our Partner Professionals;
You agree not to use or access LiveXP or the Online Content and Tutorials for the purpose of harming or attempting to harm minors in any way;
You agree not to distribute, circulate, hand out or disseminate all or any part of LiveXP or Online Content and Tutorials in any medium without our prior written consent, unless such distribution is offered through the functionality of LiveXP and permitted by these Terms including, without limitation, under section 5.11;
You agree not to alter or modify any part of LiveXP or the Online Content and Tutorials;
You agree not to access LiveXP or Online Content and Tutorials through any technology other than the software and/or platform provided by Us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer as well as other web browsers;
You agree not to (and also not to attempt to) circumvent, disable or otherwise interfere with any security related features of LiveXP or any features that (i) prevent or restrict use of or copying of content or (ii) enforce any limitations on you, the use of LiveXP or access to the Online Content and Tutorials;
You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
You agree not to use or access LiveXP or Online Content and Tutorials for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Online Content and tutorials or any associated content;
- the solicitation of business in the course of trade or in connection with a commercial enterprise; and
- the solicitation of any Browsers or Learners of LiveXP with respect to their content for commercial purposes;
You agree to use LiveXP and access the Online Content and Tutorials in a way that does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of LiveXP, Online Content and Tutorials;
You agree not to ask for, collect or harvest any personal data of any Browser or Learner of LiveXP or Online Content and Tutorials;
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on LiveXP (including without limitation the Online Content and Tutorials) for any other purpose other than as permitted by these Terms without our prior written consent;
You agree not to use LiveXP or the Online Content and Tutorials in any manner intended to damage, disable, overburden or impair any LiveXP server or the network(s) connected to any LiveXP server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to LiveXP;
You agree not to use any high volume, automated, or electronic means to access LiveXP or the Online Content and Tutorials (including without limitation robots, spiders or scripts);
You agree not to frame LiveXP or the Online Content and Tutorials, place pop-up windows over its pages, or otherwise affect the display of its pages;
You agree not to access or attempt to access any other Browser or Learner account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through LiveXP; and
You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.
You agree to comply with these Terms in relation to any User Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Tutorials and in connection with the ability to post messages (as further detailed in paragraphs 5.6 to 5.9 below).
We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
You acknowledge and agree that the form and nature of LiveXP and Online Content and Tutorials which we provide may change from time to time without prior notice to you.
Whilst we do all we can to ensure that the Online Content and Tutorials are of a high standard, you understand and acknowledge that, in using the LiveXP and Online Content and Tutorials, you may be exposed to content from our Partner Professionals that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
You acknowledge and agree that we may stop (permanently or temporarily) providing LiveXP, Online Content and Tutorials (or any part of the Online Content and Tutorials) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration and Accounts
Any Browser can view LiveXP, but in order to participate fully in all activities on LiveXP and take part in the Online Content and Tutorials, it must register for a personal account on LiveXP (a “User Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason whatsoever.
In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Users get to know you and help us to tailor the services to suit you and comply with our legal obligations.
You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
By registering with LIVEXP for a User Account, you agree (in addition to the Acceptable Use Conditions above) that you:
are, and will continue to be, registered to LiveXP only once and will not set up multiple User Accounts. Multiple User Accounts are strictly prohibited;
will not let anyone else use your User Account;
will not cheat on any assignment or assessment that the Partner Professional might opt to assign, relating to the Online Content and Tutorials, nor share solutions to homework assignments or exams; and
will notify Us, immediately if you become aware of any other User cheating or breaching these Terms.
Any breach under paragraph 3.4(a), (b) or (c), might lead us to limit or prohibit your access or participation in the Online Content and Tutorials.
4. License to use
Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
to access, internally use and display LiveXP and Online Content and Tutorials as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Tutorials as permitted by these Terms; and
to download permitted content from the Online Content and Tutorials so that you may exercise the rights granted to you by these Terms.
You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Tutorials. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Tutorials.
Certain Partner Professionals may, at their own discretion, make available certain Online Content and Tutorials under a Creative Commons licence (non-commercial). Should Partner Professionals choose to do this, it will be clearly identified on the appropriate Online Content and Tutorials page of LiveXP and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate.
5. Your Content
Throughout your use of LiveXP and the Online Content and Tutorials, you might have the option to be able to provide content to LiveXP by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).
We do not claim ownership of any User Content you may submit or make available for inclusion on LiveXP or Online Content and Tutorials. Accordingly, subject to the licence granted to us and any applicable Partner Professional, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on LiveXP and/or in the Online Content and Tutorials, with the right to sublicense such rights for any purpose associated with the provision of LiveXP and the Online Content and Tutorials. We reserve the right to remove any User Content without notice at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that:
you have all necessary rights, licences and/or clearances to provide such User Content and permit us to use and publish such Learner Content as provided in paragraph 5.1 to 5.3 above;
such User Content is accurate and complete to the best of your knowledge and belief;
as between you and us, you are responsible for the payment of any third-party fees related to the provision, publication and use of such User Content; and
such use and/or publication of your User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation.
With respect to any submissions of User Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
LiveXP and/or the Online Content and Tutorials may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Users and/or us.
You agree to use communication methods available on LiveXP and/or the Online Content and Tutorials only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies.
By using any of the communications methods available on LiveXP and/or the Online Content and Tutorials, you agree that:
all communications methods constitute public, and not private, means of communication between you and any other parties;
communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
most content will be reactively moderated if flagged by Browsers or Learner, but we reserve the right to pre-review or post-review User Content to ensure that it complies with generally acceptable standards of communication.
Additionally, through such communication methods set out in paragraph 5.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Professionals.
You acknowledge and agree that the services set out in paragraphs 5.6 to 5.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
Any User Content that is published on the public discussion areas of LiveXP (for example, the forums or areas where posts are made) will be subject to a Creative Commons License. We will not make available any User Content related to your assignments or assessments.
By registering on the LiveXp platform Tutors ("Partner Professionals") grant LiveXP an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit Tutor's content on LiveXP, including Introduction video, name, and profile picture for marketing and promotional goals or any other purpose at the sole and absolute discretion of LiveXP. LiveXP has full rights to publish Tutor's content on LiveXP including Introduction videos and profile pictures to official social media channels such as Instagram, YouTube, Facebook, or other third-party advertising systems, to ensure accessibility and visibility to LiveXP students regardless of their location. You acknowledge and agree that LiveXP may change or improve the Tutor's content which is provided for your profile on the Website. The changes can be made by cutting the video to a specific size, adding the LiveXP logo on the video, improving the quality of sound in the video, publishing the video on the LiveXP social media channels with adding the description, and providing a link to the Tutor's profile.
Tutors must ensure that broadcasting from a specific place does not breach any rules or regulations. Moreover, Tutor’s must comply with the following rules while streaming on LiveXP:
The topic of the stream must be available on LiveXP and be related to one of the categories mentioned in its profile;
There must be an active interaction between the Tutor and the Users of LiveXP, during the broadcasting;
The stream must offer high-quality educational information.
6. Copyright Policy
It is our policy that any content included on LiveXP or within the Online Content and Tutorials that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the LiveXP as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through LiveXP by sending an e-mail to: [email protected]
We will, acting in our sole discretion, terminate User Accounts and access to LiveXP and Online Content and Tutorials if a User has been notified of infringing activity twice or more (regardless of whether the User has taken appropriate action as we may direct.
7. Privacy and Security
8. Linking to Other Sites
LiveXP may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
We may remove any links to Linked Sites from LiveXP at any time for any reason.
We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
It is strictly prohibited to post and/or advertise links to third party sites offering similar services.
9. LiveXP’s Intellectual Property Rights
LIVEXP is the owner or the licensee of all necessary intellectual property rights in all aspects of LiveXP and Online Content and Tutorials including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Professional providing the Online Content and Tutorials.
Other than any content submitted to LiveXP by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to LiveXP (“FutureLearn IPR”).
If any Online Content and Courses IPR or LIVEXP IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or LIVEXP IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or LIVEXP IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Tutorials or the LiveXP.
You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and tutorials IPR and/or LIVEXCP IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
10. Your Liability to Us
You hereby agree and undertake to indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
your submission of User Content to LiveXP or participating in the Online Content and Tutorials;
your access to or use of LiveXP or Online Content and Tutorials;
your breach of any of these Terms; and
any negligent act or omission, deliberate default or breach of statutory duty on your part.
Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
This paragraph 10 survives the expiry of these Terms.
Our Liability to you
Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
LiveXP and the Online Content and Tutorials are provided to you “as is” and we make no warranty or representation to you with respect to them.
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
- any loss of profit (directly or indirectly);
- any loss of goodwill; and
- any loss of opportunity.
We provide the Online Content and Tutorials on LiveXP in good faith but give no warranty or representation that the Online Content and Tutorials are accurate, complete or up-to-date or that they will meet your requirements, nor that the LiveXP does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Tutorials on LiveXP and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on LiveXP, we accept no liability for them.
Information transmitted via LiveXP will pass over public telecommunications networks. We make no representation or warranty that the operation of LiveXP will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the LiveXP or in relation to the Online Content and Tutorials;
- any changes which we may make to LiveXP or Online Content and Tutorials, or for any temporary interruptions in the provision of LiveXP or Online Content and Tutorials;
- the deletion of, corruption of, or failure to store, any Online Content and Tutorials and other communications data maintained or transmitted by or through your use of LiveXP;
- your failure to provide us with accurate account information; or
- your failure to keep your account details secure and confidential.
We reserve the right to limit or suspend your use of LiveXP and/or access to the Online Content and Tutorials at any time for operational, regulatory, legal or other reasons.
We may restrict, suspend or terminate your User Account or access/use of LiveXP with immediate effect:
- if we reasonably believe you or any User you are connected with are in breach of any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other Users of LiveXP or the general public
12. Payments and Lights
Through LiveXP you will have the opportunity to purchase the Online Content and Tutorials. The price for each Online Content and Tutorial will vary depending on the length and subject of the Online Content and Tutorial. The prices will be clearly stated in LiveXP and may change from time to time in our sole discretion.
You will further have the chance to purchase lights through LiveXP, which can be used to tip a Partner Professional at your sole discretion.
All payments of Online Content and Tutorial, including lights payments, must be made with a valid credit card or debit card or other available payment methods only through LiveXP platform. Its is strictly prohibited to make and/or accept any payments outside LiveXP. The information of such payment methods may be kept on file either by us or third-party payment processors for as long as necessary to fulfill our legal and other obligations.
In order to make a purchase, you may be asked to supply further information to allow us to process and authorize your purchase, including but without limitation, your name, address, card number, card expiration date, card security number and other information.
You represent and warrant that you have the legal right to use the form of payment that you used to perform a purchase and that the information that you are providing with that form of payment is true and correct. In cases of minors under the age of 18, you represent and warrant that you have the necessary authorization and parental/guardian consent to use that form of payment to LiveXP.
We reserve the right to refuse, cancel or terminate any purchase, anytime and for any reason in our sole discretion.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
If at any time we terminate your rights to use LiveXP because of a breach of these Terms, you shall not be entitled to a refund. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on LiveXP and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
Without limiting the foregoing, we may in our discretion refund you any remaining funds when there are technical problems with LiveXP or when you have had a provably unsatisfactory lesson. However, we will never refund lights when you have given a tip (as tips are gifts and cannot be reversed).
14. Inactive Accounts
If your account remains inactive for more than 6 months, we reserve the right in our sole discretion to terminate your account with LiveXP.
We consider inactive accounts, the accounts that the Learner/Browser didn’t log in or made any purchase during that period.
If there are any remaining funds in the account, we reserve the right to charge inactive accounts, a reasonable administrative fee.
15. Governing Law
These Terms, your use and access to LiveXP, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of the Republic of Cyprus.
Any or all disputes arising between You and Us (whether contractual or non-contractual) in connection with your access and use of LiveXP, including as to the validity of these Terms or policies issued by us, will be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus. For any dispute between You and Us, you agree that You will first attempt to resolve it with Us informally. In the unlikely event that We are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of the Republic of Cyprus to resolve any such dispute.
Notwithstanding paragraph 12.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
16. Changes to the Website and these Terms
We may update or amend these Terms (as well as our Policies or any other guidance we issue) from time to time to comply with laws or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use LiveXP, you agree to be bound by the terms of these updates and amendments.
17. Other Important Terms
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
Only You and We are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of Your rights or delegate your obligations under these Terms without Our prior written consent.
These Terms and the Policies set out the entire agreement between You and Us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.