Effective Date:  Feb 14, 2021

 

Cake Gift Co. Inc (“Company,” “we,” or “us”) provides access to information through our website accessible at the URL https://www.cakegiftco.com (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide goods & services of various kinds (the “Services”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”).

 

Privacy Policy

Our Privacy Policy is located at https://cakegiftco.com/privacy-policy (“Privacy Policy”). By using the Services, you represent that you have read and consent to our Privacy Policy. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services. PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING AND UNABLE TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

 

I. Access To Our Online Services And Tools

 

A. Accounts

In order to use certain features of the Site or Services, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful, complete, current and accurate; and (b) you will maintain completeness, currency and accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information, including username and password, and are fully responsible for all activities that occur under your Account, whether or not authorized by you.  You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from any unauthorized use or your failure to comply with the above requirements.

 

B. Access To Features Of Online Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to: (a) access and use the Site and Services; and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download (the “Downloadable Tools”) (if any). The Downloadable Tools are deemed part of the “Services”. Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

 

C. General Restrictions On Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Services to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any local, provincial, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without Company written consent, you may not: (a) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

 

D. Use Of Third-Party Offerings

You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

 

E. SMS Text

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system.  These may include cart reminder messages. Message frequency varies.  This service is optional and is not a condition for purchase.  You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us.  For help, reply “HELP” to any Text Message you receive from us or email info@cakegiftco.com.  In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.  Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages.  Under no circumstances will we or Company's affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.  If your carrier does not permit SMS messages, you may not receive the Text Messages.  The Company will not be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.  Text Message services are provided on an “AS IS” basis.  Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of the Text Messages.  We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.  For more information on how we use telephone numbers, please read our Privacy Policy.  If you change or deactivate the phone number you provided, you have an affirmative obligation to update your Account information and the phone number(s) attached to your Account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

F. Ownership

As between you and us, we and/or Company's vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Services (including the Downloadable Tools), and all related intellectual property rights, other than User Content (defined below). Company and its vendors and suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. Copyright © 2020, Cakegiftco. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are Company property or the property of other third parties. You are not permitted to use these Marks without Company's prior written consent or the consent of such third party which may own the Marks.

 

II. User Content

 

A. User Content

”User Content” means any and all information and content that a user (such as you) submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at any time without notice. You are solely responsible for creating backup copies of your User Content if you desire.

 

B. License

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

 

C. Acceptable Use Policy

The following sets forth Company’s ”Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable by the Company; (c) is harmful to minors in any way; (d) violates any law, regulation, or obligations or restrictions imposed by any third party; (e) constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (f) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

 

D. Enforcement

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

 

E. Other Users

Each Site or Services user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Services users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Services user, we are under no obligation to become involved.

 

F. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users.  

III. Terms And Conditions Of Sale

 

A. Products And Pricing

All products listed on the Site (”Products”), their descriptions, and their prices are each subject to change without notice. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card, debit card, Paypal account, or other payment method is charged. If your respective payment method account has already been charged for the order and we cancel your order, we shall immediately issue a refund to your payment method account in the amount of the charge.

B. Dietary restrictions & Allergens.

Products are made using shared equipment which processes dairy, nuts, wheat and other materials and therefore the Company is not an allergy-free facility. If you have severe allergy, please know that while we do our best to prevent cross-contamination, we cannot guarantee cross-contamination under any circumstances. For customers with severe allergies, please ensure to read the product descriptions carefully for any allergens before placing your order or reach out to us directly at info@cakegiftco.com if you have further questions. You agree that the Company will not be responsible for any health issue incurred as the result of consuming any allergens (even if Company is made aware of any allergens). 

C. Orders

When you make an order, you are making an offer to purchase, and such an offer is subject to Company's acceptance. Your receipt of an order confirmation from us does not signify Company's acceptance of your order, nor does it constitute confirmation of Company's offer to sell. We reserve the right at any time after receipt of your order to accept, modify, decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address and a phone number where either you or the gift recipient can be reached. For orders that are shipped via our third-party couriers, your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that: (a) we will issue a refund to your credit card, debit card, Paypal account, or other payment method in the amount charged for the cancelled portion (if your credit card, debit card, Paypal account, or other payment method has already been charged for the order); or (b) we will not charge your credit card, debit card, Paypal account, or other payment method for the cancelled portion of the order.

 

D. Payment Terms

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (the ”Product Price”), the delivery fees for the delivery service you select (the ”Delivery Fees”), and any applicable Taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (”Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth in this Section III). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (2.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. 

 

E. Delivery

We deliver within Toronto, the Greater Toronto Area and select surrounding areas. We do not deliver to PO Boxes. Any delivery times provided by the Company are estimates. All delivery areas are subject to change, at Company's discretion and without notice. All orders that are delivered are delivered using one of Company's third party couriers. The earliest delivery data available for an order is as indicated for the item on the Service. Online tracking may be available at Company's courier’s website. We make no warranties regarding the availability of said online tracking, as it is under the control of the third party couriers. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of the Products. The courier may leave the package at the address whether the recipient or another person is available or not. We strongly encourage recipients to be at the delivery location to receive their package(s) as cakes and desserts that remain outside are more likely to have reduced quality and a shortened life.

 

 

F. Return, Cancellation and Exchange Policy

• Refunds and Cancellations - Your purchase is final and non-refundable. No order of Product may be returned or refunded except for Damaged Products.
• Prepaid and Gift Subscriptions are one-time transactions that cannot be cancelled or refunded.
• Exchanges - We do not accept any Product exchanges.
• Damaged Products - If the Product arrives damaged through no fault of you or any other third party (”Damaged Product”), Company will provide a replacement product if the original (damaged) product is returned by you and received by Company OR a photograph showing damage is received by Company within 2 hours of original delivery date/time.  Provided that the Company confirms that your Product is a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product as soon as reasonably practicable. In the event that Company is unable to provide a replacement Product or if replacement is not requested by you, Company may at its sole discretion elect to refund the credit card, debit card, Paypal account, or other payment method used for purchase in the original amount of the purchase. If a replacement Product is issued, we cannot guarantee that the replacement Product will contain exactly the contents or will have the same theme as the originally provided Product.

G. Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. Promotions are valid for a limited time only. Company reserves the right to modify, cancel, deactivate or delete any or all promotions at any time and without notice, for any reason at its sole discretion.

 

H. Promo Code and Custom URL

Company may provide a discount or credit for referrals via a user promo code and associated custom URL. We may refuse to provide such a discount or credit for any reason including, but not limited to, fraud, actual or expected financial hardship, or any other reason at Company's sole discretion. Publishing User promo code and custom URL via, but not limited to, mass messages to individuals the User does not personally know, automated systems or bots, coupon websites, or other third party websites may constitute a breach of the Terms and result in, but not limited to, forfeiture of all acquired discounts and credits, suspension or termination of user Account. Should a user abuse a promo code, custom URL, or referral through fraudulent activities such as referring oneself, creating multiple accounts or other means that constitute theft and/or fraud, we may notify the authorities, and you may be prosecuted under statutes. We reserve the right to charge any payment method on file the full retail price of all deliveries under any Account deemed to be fraudulent, and these charges may include any amounts previously discounted in a previous promotion.

 

IV. Disclaimers, Limitations And Exclusions Of Liability

 

A. Limited Warranties

The site, the service, the site (including the Downloadable Tools), all information, content, materials and services related to the foregoing, and the Products are provided ”as is” and ”as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the Site or Services will be uninterrupted, error-free or virus free. The submission of any User Content and the download or upload of any material through the our Services and/or Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the Site or Services. We are not the provider of, and make no warranties with respect to, any third party offerings. We do not guarantee the security of any information transmitted to or from the Site or Services; and you agree to assume the security risk for any information you provide using the Site or Services. No representation or warranty is made that the site or services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the Site or Services and from the output of the Site or Services at any time and from time to time without notice. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.

 

B. Limitation Of Liability

Use of the Site, the Services (including any Downloadable Tools), and/or the Products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these Terms, the Services, the Site, or the Products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these Terms, the Services, the Site, or the Products exceed the greater of: (1) Fifty Dollars (CDN $50); or (2) the amounts you have paid to Company in the prior 6 months hereunder. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the Site, the Services (including any Downloadable Tools), and the Products to you, and we would not provide the Site, Services or Products to you without this limitation.

 

C. Exclusions

The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to customers only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where the Company is located. If applicable law requires any warranties with respect to the Product, all such warranties are limited in duration to ten (10) days from the date of delivery. Certain provinces and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

 

D. Indemnification

You agree to indemnify, hold harmless and, at Company's option, defend the Company (including its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable legal fees incurred, resulting from any violation of these Terms, or applicable law or your User Content.

 

V. Term and Termination

These Terms will become effective and binding when you use the Site or Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled ”I Agree”), whichever occurs first. We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice and for any reason. You may delete your Account at any time, for any reason, by following the instructions on the Site or contacting us at info@cakegiftco.com. If we have suspended or terminated these Terms, your Account, the Site, or the Services other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a subscription to the Service (if any). You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your covenants and obligations stated in these Terms. The provisions of Sections I. C., I. D., I. E., II, III. A., IV, V, VI, and VII will survive the termination of these Terms.

 

VI. Copyright Policy

Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to the Company at info@cakegiftco.com:

 

(a) Your physical or electronic signature;

 (b) Identification of the copyrighted work(s) that you claim to have been infringed;

(c) Identification of the material on the Site or part of the Services that you claim is infringing and that you request us to remove;

(d) Sufficient information to permit us to locate such material;

(e)Your address, telephone number, and email address;

(f) A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

 Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

VII. Binding Arbitration and Class Action Waiver

These Terms are governed by the laws of the province of Ontario and the laws of Canada applicable therein. Any controversy or claim arising out of or relating to the Site, Services or these Terms must be commenced within one year after the claim arose (or such other limitation period prescribed by applicable law) and will be settled by binding arbitration in accordance with the commercial arbitration rules. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by the province of Ontario. You agree not to participate in a class, representative, or private attorney general action against us in court or arbitration. Further, you may not bring claims against us on behalf of any other account holder or user of the Site and Services not on your Account. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

 

VIII. Miscellaneous Matters

 

A. Modifications To Terms

We may change these Terms at any time and from time to time without notice. If you purchase a Product, it is your responsibility to review these Terms periodically on the Site, and if at any time you find these Terms unacceptable, you must immediately cancel your order the return policy will apply in these circumstances. Your continued payment for a Product after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to Products or subscriptions purchased after the date we post the new Terms.

 

B. Modifications To Services

We reserve the right to modify the Site and/or Services (including Product availability and options) at any time and from time to time without notice. If you object to any changes to the Site or Services or, your sole recourse will be to cease using the Site and Services or, terminate your Account. Continued use of the Site or Services following any such changes will indicate your acknowledgement of and agreement to such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services (including the availability of any Product) at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section V.

 

C. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". These Terms constitute the entire agreement between you and the Company with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.