General Conditions

We are pleased to welcome you to the Stayforlong website.  If you are like us, you agree that as a regular, long stay traveler, you should receive the best prices hotels can offer.  And at Stayforlong that is our mission.  Accessing the Stayforlong website (“Site”) constitutes your agreement to the following Terms and Conditions (“Terms”). You should read these terms and our privacy policy in their entirety before accessing, using or obtaining information or services from the Site.   Our terms include important legal obligations and waivers INCLUDING AN ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION that you agree to in exchange for the use of our Site. If you do not agree with all of the Terms and our privacy policy, you may not access the Site or use our services.  Within the term “we”, “us”, “our” and Stayforlong refer to Stayforlong SL, a company registered in Spain. The terms “you” and “your” refer to you the user of the Site.

You acknowledge and agree that we may change these Terms from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. The newest version of our Terms will always be posted on the Site. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes.  If you object to any changes you must immediately discontinue using the Site.

Definitions:

“Accommodation Supplier”- This is the owner/operator of the hotel you book with.

“Booking Partner”  – These are partners of Stayforlong from whom we obtain inventory but who DO NOT own/operate any of the hotels.

Please note that you will not be allowed to make any booking with us if you are resident in the State of Florida.

Using the Website

The Site is currently made available to you for your personal, non-commercial use.  When you access our site in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the Site in accordance with all the terms and conditions herein. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You agree that you are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true and accurate. Further you also confirm that the traveler is not an unaccompanied minor. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We have the right at all times to deny you use or access to the site for any reason.

We do not own or otherwise control the Hotel Products

Our Website is a travel search engine designed to allow you to search and book hotel accommodations. Stayforlong does not provide, own or control any of the accommodations that you can access on our website. The accommodations are owned, controlled or made available by third parties (the “Accommodation Supplier”). The Accommodation Suppliers are responsible for the accommodations/hotel. Our terms will include the relevant terms of the Supplier. By booking the accommodation and/or utilizing the services of the accommodation, you agree that neither Stayforlong, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Stayforlong. Stayforlong shall not be liable for any injury, damage, or loss resulting from the neglect of any Accommodation Supplier or other person supplying services. Stayforlong hold themselves free of responsibility for any damage(s) from any cause(s) whatsoever. 

While our Site displays information regarding many accommodations, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the accommodation or the Accommodation Supplier. Your interaction with any Accommodation Supplier accessed through the Site is at your own risk.

Please be aware that it is the policy of some hotels in certain countries (eg Egypt, Tunisia, Morocco, and Turkey) not to allow nationals to book at special contracted rates sold outside of that country. If a guest or any member of the guest´s party holds a passport issued by one of these countries please advise us on receipt of the voucher as we cannot guarantee that the booking will be honored. 

Rates are not valid for UAE residents, in case of violations, Bar rate (Supplement) must be paid by the guest directly to the Hotel at the time of the check-in.

Booking Partners

To provide you with the best offers, we source hotel inventory from a variety of suppliers who are not themselves Accommodation Suppliers; we refer to these suppliers as “Booking Partners.” Through our relationship with our Booking Partners, we are authorized to market and/or sell the hotel inventory offered by us. Stayforlong does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control, and assumes no responsibility for, any Booking Partner, any travel service or product they offer, their content, their policies, or any of their practices. Any relevant terms of our booking partners will be included in our terms.

Accommodation Supplier Descriptions/Amenities/Images

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the Accommodation Supplier.  This includes images and descriptions of the properties and rooms.  Additionally, you should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While Stayforlong does its best to maintain current and accurate information regarding these Accommodation Suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images. 

Pricing

Rates: The rates displayed on the Site are a combination of the rates and fees charged by the Accommodation Supplier supplying your accommodations, such as the hotel or hotel supplier.

Our Service Fee – We charge a non-refundable service fee for each transaction completed via the Site. Our service fee is clearly separated from the rate of the room. OUR SERVICE FEE IS NON-REFUNDABLE, EVEN IF YOU MODIFY AND/OR CANCEL A MODIFIABLE/CANCELLABLE BOOKING. The total price will include our service fee.

Accommodation Supplier’s Fees and Charges – There are other charges that the Accommodation Supplier may charge you, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly to the Accommodation Supplier. Before booking, you should check with the Accommodation Supplier to determine whether they charge additional fees upon your arrival.

Taxes and Booking Partner Fees- In addition to the rate and our service fee, our Site displays a line item for “Taxes and Fees,” which you will be charged when making your reservation. “Taxes and Fees” consists of: (i) an estimate of the taxes payable by the hotel in connection with your booking, including, but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes; and (ii) if applicable, taxes payable by our Booking Partner in connection with your booking; and (iii) service fees retained by our Booking Partner and our service fee.

We do not collect taxes for remittance to applicable taxing authorities. The hotel is responsible for remitting applicable taxes. In certain jurisdictions, our Booking Partner may also be responsible for remitting taxes related to your booking. Neither us nor any of our Booking Partners act as a co-vendor with each other or with any hotel.

Taxability and the applicable tax rate vary based on several factors, including, but not limited to, the location of the hotel and the room rate paid to the hotel by our Booking Partner. The amount paid to the hotel for taxes in connection with your booking may vary from the estimated amount charged to you, depending upon the rates, taxability, and any other metric in effect at the time of your actual stay. If the amount paid to the hotel is less than the estimate, the balance of the charge for “Taxes and Fees” is retained by us and/or our Booking Partner as part of our and/or their compensation for facilitating and servicing your booking.

“Taxes and Fees” does not include other charges, like hotel resort fees, hotel energy surcharges, parking fees, pet fees, and incidental charges (such as room service, mini-bar, gratuities). Unless otherwise indicated, these amounts will be collected from you directly by the hotel.

THE FINAL TOTAL PRICE DISPLAYED AT CHECK-OUT OR QUOTED BY AN AGENT IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.

While we thoroughly review the pricing information on the Site, changes do occur and errors are occasionally made. WE RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE, FOR PENDING RESERVATIONS AND FOR ANY NON-REFUNDABLE BOOKINGS.  IF YOUR PENDING RESERVATION CONTAINS A PRICING ERROR YOU WILL BE NOTIFIED AND PROVIDED THE CHOICE TO EITHER ACCEPT THE CORRECTED PRICE OR CANCEL WITHOUT PENALTY.

Stayforlong quotes prices in US currency, based on the exchange rates for the respective foreign currency. Exchange rates are subject to fluctuation. Your exchange rate is only fixed when full payment is made. Additionally, your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

Some Accommodation Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Stayforlong for your booking.

Cancellation and/or Modification

You may cancel or change your booking, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Accommodation Supplier. We may also retain our service fee for compensation in facilitating the booking. If you do not cancel or change your reservation before the cancellation policy period applicable to the Accommodation Supplier, you will be subject to cancellation charges as outlined by that Accommodation Supplier in their terms and conditions. In the event of a hotel reservation for which you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some Accommodation Supplier do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Accommodation Supplier. You agree to abide by the Terms of Use imposed with respect to your booking.  Our service fee is non-refundable in the case of cancellation or changes.

Force Majeure

Stayforlong shall not be liable at any time, in any way, for loss, injury or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any accommodation, hotel closures, or any other cause beyond its control. In such cases, Stayforlong will not be responsible for any refund.  Any refund you may be entitled to will be from the Accommodation Supplier.  Accommodation Suppliers may choose to offer credits in lieu of a refund.  We are not responsible for an Accommodation Supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

Travel Protection Coverage

Stayforlong strongly encourages you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage.  Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that you purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which travel protection plan coverage would otherwise have been available.   

Credit Card Chargebacks

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation with an Accommodation Supplier, you accept and agree to the relevant cancellation policy of that Accommodation Supplier. Please note that certain rates or special offers are not eligible for cancellation or change. 

Stayforlong retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation in the event of a chargeback related to that reservation. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the Accommodation Supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Stayforlong of the Accommodation Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy of the Accommodation Supplier.

Destination and Travel Requirements

Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism and warfare. Stayforlong is not in a position to advise or recommend whether travel to any particular place at any particular time should take place and the display or availability to book accommodations in a destination is not a representation or warranty by Stayforlong that travel to the destination is without risk. It is recommended that you refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov). In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Stayforlong will not be liable for damages or losses that result from travel to such destinations.

It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination.  Please note that entry to any country may be refused even if the required information and travel documents are complete. Obtaining and carrying these documents is your sole responsibility. Stayforlong bears no responsibility for such information or for any delays, damages, and/or losses including missed portions of your travel related to improper documentation or government decisions about entry.

Disclaimer of Liability

The information and offers contained on the site (including text, graphics, links or other material) are provided on an “as is,” and “where available” basis. Stayforlong makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.

Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by Stayforlong. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Stayforlong (whether through this site or call center), even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one year from the date on which such claim or action arose or accrued or purchase was completed.

Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the site shall be at your own risk.

The Accommodation Suppliers providing Accommodations on this Website are independent contractors and not agents or employees of the Stayforlong. Stayforlong is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Accommodation Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. 

Indemnification

You agree to defend and indemnify Stayforlong and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms or the documents referenced herein;
  • any damage caused by you at the Accommodation;
  • your violation of any law or the rights of a third party; or
  • your use of our Platform.

Links to Third Party Sites

Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by Stayforlong of the content of such linked websites or third-party services. Stayforlong has no control of the content of any linked website and is not responsible for these websites or their content or availability. Stayforlong makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Stayforlong accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

Intellectual Property

We, along with our corporate affiliates, the Accommodation Suppliers, Third Party Suppliers, and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on the Site. By using the Site, you hereby agree that you will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the Site must appear on all copies you print. Other non Stayforlong product, service, or company designations on the Site belong to those respective third parties and may be mentioned on the Site for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Site does not grant you any license or right to use any of the marks included on the Site.

Content on the Site

The “Content” on the Site is the copyrighted work of Stayforlong and/or our respective suppliers. “Content” includes, but is not limited to, all materials, information, text, graphics, images, logos, photographs, illustrations, audio clips, video clips, and audio-visual material available on the Site. You may not modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Accounts

You may register to use the Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Stayforlong immediately of any unauthorized use of your account. Stayforlong is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Prohibited Uses

The content and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through the Site, you agree not to do any of the following without our express permission:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
  • use this Website or its contents for any commercial purpose;
  • access the Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Stayforlong pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep—link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
  • use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
  • “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
  • post or distribute any material on Our Website that violates the rights of any third party or applicable law;
  • use Our Website to collect or store personal data about others whether through data mining or any other means;
  • use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
  • use any data mining methods whatsoever and for any purposes whatever.

If your booking or membership account shows signs of fraud, abuse, or suspicious activity, Stayforlong, in our sole and absolute discretion, may cancel any bookings associated with your name, email address, or account, and close any associated Stayforlong accounts. If you have conducted any fraudulent activity, Stayforlong reserves the right to take any necessary legal action and you may be liable for monetary losses to Stayforlong, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, or cancellation of an order please contact Stayforlong Customer Service.

Review Comments Photos and Other Submissions

The Site contains reviews in which you can post content. If you use said interactive areas on the Site you are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.

When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible form and electronically) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.

You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content or your account at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.

You must not create and/or upload any User Content that:

  • is advertising placed as a review, or a survey;
  • is intentionally untrue;
  • is immoral, pornographic or in any other way offensive;
  • violates applicable laws in any way or constitutes a criminal offence; or 
  • contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers.

Account Termination

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

Privacy

Your privacy is important to us.  Please click here to review our privacy policy.  Your personal information will be used in accordance with our privacy policy so we encourage you to review it.

Reporting Claims of Copyright Infringement

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

  • A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: complaints@cx.stayforlong.com

We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

Complaints

We understand that sometimes issues may arise.  If you have complaints, we encourage you to contact us at  complaints@cx.stayforlong.com, so that we can work with you to attempt to resolve the problem. If you have an issue with the accommodation, your complaint should be addressed to the Accommodation Supplier.

If you haven’t travelled, and have a pre-travel query or complaint, please contact our friendly customer services team on the details provided on your voucher. 

If you have travelled and have a post-travel complaint, please provide full details of your complaint with supporting evidence within 21 calendar days from the date of checkout. Stayforlong and its partners hold the right to reject a complaint received after 21 calendar days from the date of checkout,  not limiting to complaints made without justification.

Governing Law

These Terms shall be governed by and construed under the laws of Spain (without regard to conflict of laws principles), all rights and remedies being governed by said laws. The Parties hereby submit to the exclusive jurisdiction of courts located in Spain.

Attorney’s Fees

In any action or proceeding brought regarding any controversy or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the terms, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.

Validity

If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

No Wavier

No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of the Terms shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

General

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

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