Terms of Use
This Website is operated by TopBuild Corp. and its affiliates (collectively, “TopBuild,” “we”, “us”). The following Terms of Use (“Terms”) govern and apply to your use of this Website. Please read them carefully! By using this Website, you ACCEPT AND agree to be bound by these Terms.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitation of Liability” and “Arbitration Agreement” sections below for more information.
Unless the context indicates otherwise, as used in these Terms:
- “Marks” means, collectively, any and all trademarks, service marks, logos, trade names, product packaging designs, label designs, advertising/marketing messages, taglines, slogans, emblems, and other source identifiers owned by us and/or our third-party licensors, whether registered or unregistered, that appear on this Website;
- “Software” means, collectively, any and all software programs, applications, features and functionalities (including associated source code and object code) provided on or through, contained within, or making up this Website, including, without limitation, mobile apps and social media applications;
- “Site Content” means, collectively, any and all text, publications, documents, photographs, graphics, designs, layouts, Marks, audio and video presentations, advertisements, product and service descriptions and images, data collections and compilations, directories, listings, search results, Software, and other material (whether or not in downloadable form) provided on or through, contained within, or making up this Website; and
- “User Content” means any material originated by users of this Website, including, without limitation, user-originated messages, communications, reviews, comments, information, etc., but excluding any material that is reproduced, derived or modified from Site Content.
Privacy
TopBuild respects user privacy. Please review our Privacy Policy which describes our data collection, use, sharing, and retention practices associated with this Website. For California customers, please refer to our Additional Notice to California Customers.
Children and Minors
This Website is not intended for or directed to anyone under the age of 13. You must be at least 18 years of age to create an account, to place an order, or to submit or post User Content on this Website.
Electronic Communications
When you use this Website or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email, by posting notices on this Website, or through your account on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any Site Content, in whole or in part; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any Site Content; (iii) monitor user activities on this Website to verify and ensure user compliance with these Terms and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms or any applicable law and cooperate with authorities in such investigation.
Intellectual Property
This Website and all Site Content are the
property of TopBuild and/or our third-party licensors, and are protected by
United States and international copyright, trademark, patent, and other
intellectual property rights and laws. Except as expressly permitted by
these Terms or applicable law, or otherwise authorized in writing in advance by
us, you may not copy, reproduce, download, display, modify, translate or
otherwise create derivative works based (whether in whole or in part) on, rent,
lease, loan, sell or distribute any portion of this Website or any Site
Content, for any purpose or in any medium.
All Marks appearing on this Website belong
exclusively to TopBuild and/or
our third-party licensors and, except as expressly permitted by these Terms or
applicable law, or otherwise authorized in writing in advance by us and/or its third-party licensors
(as applicable), may not be used or reproduced for any purpose or in any
medium.
Except as expressly otherwise stated herein,
nothing in these Terms or on this Website grants you any right or license under
any copyright, trademark, patent or other intellectual property of TopBuild or
any third party. Unauthorized use of intellectual property is expressly
prohibited and may be a violation of law.
Permitted and Prohibited Uses
Subject to your compliance with these Terms, and only for so long as you are permitted by us to access and use this Website, you may view and make one electronic or paper copy of the Site Content, provided that: (i) you use Site Content only for your own personal, informational and non-commercial purposes and/or for purposes of conducting a business transaction or maintaining a business relationship with us; (ii) you keep all Site Content related copyright, trademark and other proprietary notices intact; (iii) you do not modify any Site Content; (iv) you do not use any Site Content to falsely suggest or imply sponsorship, endorsement, approval, affiliation or association between you or any of your product or services, on one hand, and TopBuild or any of TopBuild products or services, on the other hand; and (v) you do not use any Site Content for any purpose that is competitive with TopBuild or any of TopBuild products or services.
- Use or access this
Website or any Site Content in violation of these Terms or any applicable law;
- Decompile,
disassemble, reverse engineer, or attempt to discover the source code or trade
secrets of this Website or any Software;
- Interfere in any way
with the operation of this Website or any server, network or system associated
with this Website, including, without limitation, hacking, mail-bombing,
flooding, overloading, or making “denial of service” attacks; probing, scanning
or testing the vulnerability of this Website or any server, network or system
associated with this Website; or breach or circumvent firewall, encryption,
security or authentication routines; or access, use or retrieve data not
intended for you, or access another user’s account without permission;
- Restrict or inhibit
any other visitor or member from using this Website, including, without
limitation, by means of “hacking” or defacing any portion of this Website;
- Use this Website or
any Site Content for any fraudulent or unlawful purpose;
- Impersonate any person
or entity, including without limitation any representative of TopBuild; or
falsely state, suggest, imply or otherwise misrepresent affiliation,
endorsement, sponsorship between you and any other person or entity;
- Falsify account
information; or create (or attempt to create) multiple accounts on this Website
(including using proxy IP addresses or falsified/fake identities to hide the
use of multiple accounts);
- Submit, upload, post
or transmit any User Content that is unlawful, criminal, threatening,
harassing, abusive, profane, obscene, vulgar, pornographic, offensive, violent,
tortious, fraudulent, false, misleading, defamatory, libelous, hateful, or
discriminatory; or violates intellectual property, privacy, publicity, or other
rights of any person or entity; or reveals or discloses another’s trade secret
or confidential information without authorization to do so; or solicits,
encourages, or provides instructions on illegal activities such as “hacking,”
“cracking,” or “phreaking”; or contains advertisements, solicitations, junk
mail, chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication (except as expressly otherwise permitted
by us); or contains viruses, worms, Trojan horses, defects, date bombs, time
bombs, or other harmful or disruptive material;
- Engage in spamming or
flooding;
- Remove, alter or
tamper with any copyright, trademark or other proprietary rights notices
appearing on, within, or in connection with this Website or any Site Content;
- Either directly or
through the use of any device, software, internet site, web-based service or
other means, remove, alter, bypass, circumvent, avoid, or interfere with any
digital rights management mechanism, device, or other content protection, copy
control, or access control measure associated with this Website or any Site
Content, including geo-filtering mechanisms;
- “Frame” or “mirror” or
otherwise create a browser or border environment around any Site page or any
Site Content, or deep-link to any Site Content or any internal page of this
Website, without our express prior written consent;
- Use any robot, spider,
site search/retrieval application or other manual or automatic device or
process to retrieve, index, “data mine” or in any way reproduce or circumvent
the navigational structure or presentation of this Website or any Site Content;
notwithstanding the foregoing, we grant to the operators of public search
engines permission to use spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such materials,
and we reserve the right to revoke these exceptions either generally or in
specific cases;
- Use this Website to
advertise or offer to sell or buy any goods or services without our express
prior written consent;
- Create a database by
systematically downloading and storing Site Content;
- Solicit, harvest or
collect information from or about other Site users without their express
consent; or
- Use any of our or our
third-party licensors’ Marks in an unauthorized manner (including as meta tags
or ad keywords).
Your use of this Website is expressly
conditioned on your compliance with the rules of conduct set forth in this
section. Your failure to comply with such rules may result in immediate
termination of your access to this Website.
Use of Software
If you acquire or download any Software from
this Website, you acknowledge that your use of the Software is also subject to
the terms and conditions of the applicable end user license agreement that
accompanies the Software or, if there is no such end user license agreement,
the following additional terms and conditions:
- (i) The Software is
licensed on a limited basis by TopBuild
(or the applicable third-party licensor) to you for your own internal
use only.
- (ii) Title to the
Software is not transferred to you. All right, title and interest in and to the
Software (including all copyrights, patent rights, trade secret rights, and
other intellectual property rights) will remain with TopBuild or the applicable
third-party licensor of the Software.
- (iii) You are allowed
to make a single copy of the Software for your own internal use, and may not
make any additional copies of the Software, in whole or in part.
- (iv) You may not
modify, sell, offer to sell, distribute, disseminate, transfer, transmit,
translate, reverse engineer, decompile or disassemble the Software, in whole or
in part.
- (v) You may not
bypass, disable, deactivate or render ineffective any protection or security
scheme or program contained in the Software.
- (vi) You may not
remove, erase, modify or tamper with any copyright, trademark or other
proprietary rights notice that is printed or stamped on, affixed to, or encoded
or recorded in the Software.
- All Software provided
on this Website is subject to United States export control laws and
regulations. No Software may be downloaded from this Website or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan,
Libya, North Korea, Iran, Syria, or any other Country to which the United
States has embargoed goods, or (ii) to anyone on the United States Treasury
Department’s list of Specially Designated Nationals or the United States
Commerce Department’s Table of Deny Orders. By downloading, installing or
using any Software obtained from this Website, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list. You may not download, install, use,
export or re-export the Software or any underlying information or technology
except in full compliance with United States export control laws and
regulations.
- You acknowledge that,
unless expressly otherwise stated in writing by us, we provide no assistance,
including any technical or customer support, in the use of the Software and
your use of the Software is solely and entirely at your own risk.
Registration and Account
Registration may be required to access certain
areas of this Website. You understand and acknowledge that wemay reject a username
(or email address) that is already being used by someone else; that may be
construed as impersonating another person; that belongs to another person; that
personally identifies you; that violates the intellectual property or other
rights of any person; that is offensive; or that we reject for any other reason
in our sole discretion.
By creating an account on this Website, you
represent and warrant that all registration information you submit to us is
your own information and is truthful and accurate. It is your
responsibility to notify us of any changes in your account information,
including your contact information. As an account holder, you are
responsible for keeping your account login information secure and are
responsible for all uses of your account login information. You should
keep your account login information in a safe place and not to divulge it to
anyone. You agree not to transfer your account login information,
or lend or otherwise transfer your use of or access to this Website, to any
third party. Remember to sign off your account and close your browser
window when you have finished your visit. This is to ensure that others
cannot access your account, especially if you are sharing a computer with
someone else or are using a computer in a public place such as a library or an
Internet cafe.
User Submissions
If you choose to submit ideas, proposals,
suggestions, recommendations, comments, feedback, etc. to us on this Website,
you acknowledge and agree to the following:
- (i) Your submission is
voluntary and consensual and is made without any condition or reservation of
rights, including, without limitation, any condition of compensation, payment,
credit, attribution, secrecy or confidentiality. No contractual, fiduciary or
confidential relationship of any kind (whether express or implied) is created
between you and us by
reason of your submission. Your submission is not returnable and may be
retained indefinitely by us and
our affiliated companies.
- (ii) You represent and
warrant that your submission does not contain any confidential information of
others and does not violate any third-party right or any applicable law.
- (iii) We and our
affiliated companies will be free, without any obligation or restriction, to
use any and all ideas, proposals, suggestions, recommendations, comments,
feedback, etc. submitted by you, for any and all purposes of TopBuild’s
businesses (such as improving this Website and/or our other websites,
developing new websites, improving our existing products/services, developing
new products/services, etc.), throughout the world and in perpetuity.
Sweepstakes, Contests, etc.
We may from time to time conduct
sweepstakes, contests, games and other prize promotions on this Website.
Participation in such sweepstakes, contests, games and other prize promotions
will be subject to our published official rules.
Links to Third-Party Websites
This Website may contain links to other
websites (“Linked Sites”), which are not owned, controlled or operated
by us. We have no
control over the Linked Sites and accepts no responsibility for the Linked
Sites or for any loss or damage that may arise from your use of the Linked
Sites. Your use of the Linked Sites will be subject to the terms and
conditions and privacy policies of those sites, and not these Terms or our Privacy
Policy.
Linking to This Website
You may link to this Website, but subject to
the following conditions:
- Your link must be a
text-only link;
- You do not frame or
otherwise create a browser or border environment around any page of this
Website or any Site Content;
- You do not deep-link
to any Site Content or any internal page of this Website;
- You do not link to any
live stream or live streaming event on this Website (except with our express prior written
consent);
- You do not use any
TopBuild-owned logo or design mark in or as your link;
- You do not link to
this Website from any pornographic or sexually oriented website;
- You do not
misrepresent or falsely suggest that your website, content, product or service
is sponsored, endorsed or approved by, or is affiliated or associated with,
TopBuild;
- You do not publish
false, misleading or inaccurate information about, or otherwise disparage,
TopBuild, this Website, any TopBuild product or service, or any Site Content;
- We are under no
obligation to support your link.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED
BY TOPBUILDAND
Except where prohibited by applicable law:
- (i) TOPBUILD makes no warranty or
representation regarding This Website or any Site Content.
- (ii) This Website and
all Site Content are provided “AS IS” and without warranties of any kind,
express or implied.
- (iii) TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOPBUILD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT
TO THIS WEBSITE AND ALL SITE CONTENT.
- (iv) WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, TOPBUILD DOES
NOT WARRANT THAT THIS WEBSITE AND ALL SITE CONTENT WILL BE UNINTERRUPTED OR
ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE
AND ALL SITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE
THIS WEBSITE AND ALL SITE CONTENT ENTIRELY AT YOUR OWN RISK.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO
EVENT SHALL TOPBUILD AND
OUR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR
INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING
OUT OF OR RELATING TO THIS WEBSITE OR ANY SITE CONTENT OR ANY USER CONTENT,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL
LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TOPBUILD AND OUR SUCCESSORS AND
ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION,
DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR
RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON,
THIS WEBSITE OR ANY SITE CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT
SUBMITTED OR POSTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY
APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND
ANY OTHER USER OF THIS WEBSITE, OR BETWEEN YOU AND A THIRD PARTY.
TOPBUILD AND OUR SUCCESSORS AND ASSIGNS RESERVE
THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF
ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU
SHALL FULLY COOPERATE WITH TOPBUILD AND
OUR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
Termination
We, in our sole discretion, may terminate your
account and your access to this Website at any time and for any reason,
including if we believe
that you have violated or acted inconsistently with the letter or spirit of
these Terms or any applicable law. Upon such termination, all rights and
licenses granted to you under these Terms will immediately cease and
terminate. You acknowledge and agree that: (i) any such termination may
be effected without prior notice; (ii) we may immediately deactivate and terminate your account, including
removing all information and files associated with your account and barring any
further access to such information and files; (iii) we shall not be liable
to you or any third party for any termination of your account and your access
to this Website, and shall not be required to make any account information or
files available to you after such termination.
International Use
This Website is operated by us in and from the
United States. We do not represent or warrant that this Website or any
Site Content is appropriate or available for use in locations outside the
United States of America. If you access this Website from a jurisdiction
outside the United States, you acknowledge and agree that you do so of your own
initiative and that you are solely responsible for complying with local laws
applicable to your use of this Website.
Governing Law
These Terms are governed by and shall be
construed in accordance with the laws of the State of Florida, U.S.A. (without
regard to the conflict of laws provisions thereof). You
and TopBuild agree
that the United Nations Convention on Contracts for the International Sale of
Goods shall NOT apply to these Terms or your use of this Website (including any
purchase you make on this Website).
Arbitration Agreement
Any dispute or claim relating to your use of
this Website will be resolved by binding arbitration, rather than in court,
except that (i) you may assert claims in small claims court if your claims
qualify and (ii) TopBuild may
bring actions in court to enforce intellectual property rights. The
United States Federal Arbitration Act and federal arbitration law apply to
these Terms.
There is no judge or jury in arbitration, and
court review of an arbitration award is limited. However, an arbitrator
can award on an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages), and must
follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must
send a letter requesting arbitration and describing your claim, to:
TopBuild Corp.
475 N. Williamson Boulevard,
Attn: General Counsel / Arbitration Notice
The arbitration will be conducted by the
American Arbitration Association (“AAA”) under its rules, including the
AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s
rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all
filing, administration and arbitrator fees will be governed by the AAA’s
rules. TopBuild will
reimburse those fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous. TopBuild will not seek attorneys’ fees and
costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location.
YOU AND TOPBUILD EACH AGREE THAT any dispute resolution proceedings
will be conducted only on an individual basis and not in a class, consolidated
or representative action. If for any reason a claim proceeds in
court rather than in arbitration, you and TOPBUILD each waive any right to a jury trial.
Notice for California Users
Under California Civil Code Section 1789.3,
California Site users are entitled to the following specific consumer rights
notice: If you have a question or complaint regarding this Website,
please send an e-mail to info@topbuild.com. You may also contact us
by writing to 475 N Williamson Boulevard, Daytona Beach, FL 32114, or by
calling us at 386.304.2200. The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California
95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Investment Information
The information contained on the Site may not
be current and should not be used or relied on for any decision to invest in,
purchase, retain, sell or otherwise transfer the stock of TopBuild Corp, or for
any related purpose. TopBuild Corp. is a publicly held Delaware Corporation and
files quarterly and annual reports with the United States Securities and
Exchange Commission in Washington, D.C. (“SEC”).
Forward-Looking Statements
Statements in any news release
of TopBuild contained on the Site or communicated orally or in
writing that concern us or our management and that are not historical facts are
“Forward-Looking Statements.” Forward-Looking Statements include, without
limitation, statements that (a) include the words “believes,” “expects,”
“anticipates,” “estimates” or words of similar importance or meaning with
reference to us or our management; (b) are specifically identified as
forward-looking; (c) describe any of our plans, objectives or goals for future
operations and products; or (d) concern the characteristics and growth of our
markets or customers or our expected liquidity and capital resources.
Forward-Looking Statements are only predictions involving important factors and
risks that may cause actual results to differ materially from those discussed
in any Forward-Looking Statement. Those important factors and risks include, without
limitation, economic, competitive, governmental and technological factors
affecting our operations, markets, products, services and prices. Important
factors and risks are described in TopBuild’s current annual report filed with
the SEC, and may be detailed from time to time in additional reports and other
filings of TopBuild filed with the SEC. Copies of the most recent reports and
other filings of TopBuild can be accessed through the SEC EDGAR system located
at www.sec.gov or may be obtained at no charge from TopBuild.
TopBuild expressly disclaims any obligation or responsibility to update or
revise or supplement any Forward-Looking Statement in any news release or
generally to any extent.
Questions
We welcome questions, comments and other feedback about this Terms of Use, the Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. If you have any questions or comments, please send a question via e-mail through the Contact Us page of www.TopBuild.com or contact us by calling us at 386.999.3655.
Miscellaneous
These Terms may be supplemented by additional terms posted at other locations on this Website, but these Terms will control in the event of a conflict with such additional terms (unless expressly otherwise indicated). These Terms and such additional terms, together with our Privacy Policy, constitute the entire agreement between you and TopBuild regarding your use of this Website, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and TopBuild relating to this Website. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms shall not affect the enforceability of those portions deemed enforceable by applicable courts of law. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TopBuild. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. TopBuild may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you may be made via posting to this Website, by email, or by postal mail, in our discretion. This Website may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond its control. If any provision contained in these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions contained in these Terms, all of which shall remain in full force and effect. No waiver of any provision contained in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right, claim or provision under these Terms shall not constitute a waiver of such right, claim or provision.