Terms & conditions for business

Introduction

VeritaTrust’s platform enables businesses to connect with customers, gather feedback, and gain valuable insights – providing tools to enhance consumer relationships. We aim to be a beacon of credibility in the digital realm, with our platform grounded in transparency and cooperation among businesses and consumers. Prior to utilizing our services, kindly familiarize yourself with these terms of use and sale for businesses (hereinafter referred to as the “terms”) to understand our mutual expectations.

Whether you opt for VeritaTrust’s complimentary offerings or our premium services, you must accept these terms. This ensures clarity about your legal rights and responsibilities, as well as ours. You’re granted access to and use of our services only if you accept and adhere to these terms. Hence, if you disagree or are unable to abide by any stipulation, please refrain from accessing or using our services. For clarity, any engagement with our platform, including through free trials, is subject to these terms.

Your agreement to these terms can be signified by any of the following actions: (a) marking a checkbox or pressing a button indicating your acceptance (or a similar affirmation); (b) signing or acknowledging a quotation, order form, or related document referencing these terms; (c) remitting or acknowledging a bill for a subscription to our premium offerings; or (d) claiming a business profile or availing any of our services.

For queries about VeritaTrust, consider exploring our Support Hub. If your questions remain unanswered, feel free to contact us at support@veritatrust.com.

Please note, terms delineated within “quotation marks” hold consistent meanings throughout this document.

Accessing and Engaging with VeritaTrust Here’s how you can access our services and sign up for premium offerings:

Defining Parties: Whenever “you” or “your” is mentioned, it refers to the business entity you represent. “VeritaTrust”, “we”, “our”, or “us” pertains to the VeritaTrust entity you engage with, as specified in the Our contracting entities and governing law section. The term “affiliate” denotes any entity or firm in relation to a party, which has control, is controlled, or shares common control, either directly or indirectly, with said party.
Our Platform: By “platform”, we refer to the feedback platform hosted at Amazon Web Services, including its sub-domains, related websites, or applications maintained by us.
Our Offerings: Our “services” encompass the VeritaTrust business account, feedback solutions, and other services presently available or introduced later. This is further outlined in documents like quotes, order forms, bills, or other commercial communications provided to you or associated partners or displayed on our platform (“commercial materials”). Pertinent considerations for our services include:
- Compatibility of our services and platform with your browser, network, or computer infrastructure isn’t assured.
- Our offerings do not incorporate any third-party products.
Business Profile Page: To access our services, either you or a representative must claim a business profile page on our platform (occasionally referred to as a company profile page).
Free Plan: By securing a business profile page, you gain access to a business account, which enables the use of all services encompassed in our complimentary plan. You can utilize these services until such a time as your business account is either removed by you or access is revoked by us.
Subscriptions: If you opt for any services not part of our complimentary plan (termed a “subscription”), you’ll have access to these via your business account. The subsequent conditions apply:
- Subscription Duration: While most subscriptions are valid for 12 months, the specific tenure of your chosen subscription (“subscription period”) is detailed in the commercial materials provided or shown to you during your subscription purchase.
- Subscription Renewals: Upon each subscription period’s conclusion, your subscription is automatically renewed for another equivalent period unless a different arrangement is mutually agreed upon, or either party opts for termination — details are in the Termination and suspension section. Absent subscription renewal, you retain access to our free plan services.
- Pricing for Renewals: We commit to notifying you a minimum of 45 days in advance of any changes to the undiscounted price of your subscription. This will be effective from the subsequent renewal of your subscription period. Do note that any promotional discounts may conclude upon subscription renewal.
Partners: It’s possible to access our services and purchase a subscription via a VeritaTrust partner. The term “partner” denotes an independent entity granted authorization by VeritaTrust to redistribute or resell our services through diverse partner programs. Please be aware that these partners function entirely autonomously and lack the authority to make contractual commitments or guarantees on our behalf. Even if you’re availing our services via a partner, these terms remain binding. However, any agreement specific to you and your partner (like specialized services rendered by the partner or third-party products procured from them) won’t be incorporated into these terms. Partner-handled subscription renewals may require you to liaise directly with the partner for any queries. Should there be any payment discrepancies from you or the partner regarding the subscription, we reserve the right to curtail or terminate your services access — further details in the Termination and suspension section.
Domains: You assure that either you or an affiliate possesses or retains exclusive rights to the domain(s) for which our systems and services are used. If a domain utilized with our systems and services is controlled by your affiliate, it’s understood that you have the requisite authority to endorse these terms concerning said domain.
Sending Invitations via VeritaTrust Platform: If you utilize our review invitation function, you’re perceived as the initiator of every invitation, not VeritaTrust. Thus, ensuring the compliance of all dispatched invitations (whether dispatched directly by you or on your behalf by VeritaTrust) with all pertinent legal, regulatory prerequisites, and guidelines is solely your responsibility.

You guarantee that every invitation’s content adheres to all applicable laws and regulations. You’ll possess all necessary permissions, rights, and consents to dispatch your invitations, abiding by the applicable privacy laws (as detailed in the Privacy laws section of these terms). For instance, in several regions, review-invite emails may be considered unsolicited marketing requiring prior customer consent. Depending on regional laws, you may need to acquire such consent. Therefore, you agree not to utilize our invitation service without acquiring necessary permissions.

10. Inviting Consumers Outside VeritaTrust: If you present or forward review invitations outside our platform, like independently crafting and dispatching review links or directing customers to post reviews on your business profile, you acknowledge the use of our services. Ensuring these invitations satisfy all applicable legal and regulatory prerequisites and guidelines is entirely your responsibility.

11. Business Account Management: You bear sole responsibility for overseeing account access and administration, along with the use of our services. Specifically:

You regulate access, determining which users can access the services via your account and the type of access they hold. This can be adjusted or revoked as needed.
You’re accountable for the actions of all authorized users, their service use, and adherence to VeritaTrust’s terms and guidelines.
You commit to maintaining updated information, including a current email.
Ensuring provided information’s accuracy and completeness is your responsibility.
You’re responsible for safeguarding your credentials against theft or misuse.
While you may permit affiliates to use our services under these terms, ensuring their compliance is your responsibility, and you’re liable for their actions as if they were your own.

12. User Roles & Access: Ensure clarity about permissions granted to authorized users. Each added user is governed by these terms and guidelines. Their actions are your liability. It’s imperative that they’re familiarized with these terms and our guidelines. For more about user roles and access levels, visit our Support Center.

13. Your Core Responsibilities: Use our services exclusively for domains with business profiles claimed by or for you and in congruence with your subscription, if applicable. Commit to using our services for legal business intentions, aligning with these terms and our guidelines.

14. Guidelines: Engaging with our services implies your commitment to adhere to our guidelines, policies, and codes available on __________ designated for businesses and general users (including any other references in these terms). Familiarize yourself with these to understand acceptable usage. A lot is rooted in common sense, aiming to uphold our platform’s integrity. Periodic guideline updates might occur, and such revisions apply to you immediately without further formal acceptance.

15. Ownership Distinctions: Everything incorporated into our services, barring content owned by third parties such as reviews, is our property. These reviews belong to the reviewers who penned them, and any data you supply for inviting consumers is yours. Our ownership extends to our services’ design, appearance, and copyrighted materials, along with trademarks (both registered and unregistered), designs, code, and other intellectual assets. You’re committed to refraining from replicating, redistributing, altering, or producing derivatives from our content, or utilizing our intellectual properties unless explicitly sanctioned by us. Hence, our brand marks, like our logos and any content on VeritaTrust are off-limits unless specifically authorized.

Your trademarks, logos, brand name, and other intellectual assets (“customer IP”) belong to you. We’re granted permission to use this customer IP for administering our services, platform, and related systems, and also to execute our commitments under these terms.

16. User-Generated Content: Any review, response, image, or any content derived from you, any consumer, or our platform’s user is classified as “user-generated content”. If you’re the source of such content, you grant us perpetual, unrestricted access to utilize it without any due compensation to you. Plus, you confirm your right to grant us this permission. Except when user-generated content is deleted due to a breach of our guidelines or by its creator, it remains visible on our platform and third-party services, even post subscription termination or account deletion.

17. Feedback: We highly value your insights on our services and reserve the right to use them indefinitely without any obligations or remuneration to you. Explicitly, any content or feedback you provide can be utilized, quoted, or referenced by VeritaTrust as we see fit.

18. VeritaTrust Beta Services: Occasionally, we might grant access to preliminary services or features, such as beta services, which are yet to be formally introduced. Given their nature, if you opt to engage with them, you do so entirely at your own discretion and risk.

19. Support and Resolutions: Facing an issue? Our Support Center is equipped with articles that should assist you in most scenarios. If the Support Center doesn’t suffice, more details on online support can be accessed by contacting our support team at support@veritatrust.com. Depending on your subscribed services, our Customer Success team might also be available for further guidance.

20. Impartiality Principle: We’re thrilled to serve as a bridge between businesses and their consumers. However, your utilization of VeritaTrust and our brand marks does not indicate our endorsement or approval of your products/services. Hence, it’s imperative that you refrain from marketing or publicly asserting otherwise. Nothing in these terms indicates a partnership, employment, joint venture, or agency association between you and VeritaTrust.

21. Display of Names, Logos, and Reviews:

Your visibility on VeritaTrust is crucial for us. Thus, likened to a directory, you authorize us to showcase your business name and logo on our platform to represent the services or products you offer. We grant you autonomy over your business profile page, empowering you to alter your name and logo as needed.

Moreover, upon account creation and service utilization, you grant us permission to employ your name, logo, and demonstrations of your VeritaTrust usage in the public sphere (e.g., on your website or ads) within routine business promotional and marketing endeavors.

In the course of our services, you may exhibit reviews and our brand marks on your claimed domains, contingent upon adhering to our guidelines, inclusive of the guidance available on our Support Center. This is on the premise that you utilize designs, widgets, images, and functionalities available in your business account.

Any other appropriation or display of our brand marks or content is permissible solely according to our guidelines. We hold the authority to retract your brand mark usage rights should it breach our guidelines.

22. Prohibitions: It’s challenging to cover every possible scenario, but here are some pivotal actions you’re strictly forbidden from undertaking:

Jeopardize our platform’s security or integrity.
Utilize our platform in ways that deter its normal functioning or impede others’ user experience.
Unauthorized access to our platform or services.
Introduce or upload malicious codes or viruses to our services.
Craft, submit, or commission fabricated reviews.
Engage in deceitful, unlawful, offensive acts, or acts that violate others’ rights or breach our guidelines.
Manipulate, duplicate, adapt, dismantle, reverse engineer, or try to deduce our platform’s source code.
Resell, transfer, license, or provide our services not as specified in our guidelines.
Repurpose, resell, or sublicense data accessed through VeritaTrust.
Commit illicit acts or fraud via our platform.
Interact disrespectfully or abusively with any VeritaTrust representative, partner, user, or client. We have zero tolerance towards mistreatment of our team, inclusive of our support staff.
Erase any VeritaTrust content, proprietary notifications, or labels.
Employ our services or materials for any competitive offerings against VeritaTrust.

23. Third-party Integrations To enhance your VeritaTrust experience, we incorporate connections to products and solutions provided by external entities, such as e-commerce platforms.

24. External Integrations: Recognizing that you might wish to link our platform with third-party products, we, or your associated partner, facilitate integrations to such external solutions. These may include e-commerce platforms or software vendors. Usage of these third-party products is governed by their respective terms and not ours. Bear in mind that these third-party providers might charge you separately from what you pay to VeritaTrust. Also, we’re not committed to ongoing support for these third-party products and can’t assure continuous compatibility between them and our platform.

25. Third-party Terms and Descriptions: Products from third parties are bound by their individual terms, conditions, and privacy policies. It’s your duty to familiarize yourself with these. The data you share with these providers will be governed by their terms. While we aim to present accurate descriptions and links given by third-party providers, they are solely accountable for their accuracy. We neither endorse nor are we liable for any third-party products, regardless of how they’re labelled (e.g., “certified”, “recommended”). Your interaction with these products is at your discretion and risk. Any disputes related to these third-party products should be resolved directly with the respective provider and not VeritaTrust.

26. Subscription and Payment Models Access to VeritaTrust services might necessitate payment, except for our complimentary plan or trial period. Specific costs and terms will be detailed at the time of purchase.

27.Evaluation Period: We might grant you temporary access to certain VeritaTrust services. These trials may be terminated or altered at our discretion without prior notification or liability. Post-trial, should you wish to continue using our services, a subscription will be needed.

28. VeritaTrust Plans: We offer a free plan with a broad spectrum of features. However, premium features require one of our varied subscription plans. Typically, payments are made directly to VeritaTrust, but if acquired through a partner, they would handle your subscription billing. Prices can differ based on location. Any alterations to your subscription, like adding domains or services, might result in updated terms and potential price adjustments.

29. Promotions: Promotional prices or discounts are valid only for the mentioned subscription duration and are not guaranteed for subsequent renewals.

30. Refund Policy: Except explicitly stated in our terms, we don’t offer refunds or credits upon subscription termination.

31. Taxation: All VeritaTrust prices are exclusive of taxes. You’re accountable for all related taxes or fees stemming from your use of our services, including VAT, if applicable in Luxembourg.

32. Payment Timelines: It’s crucial to honour the payment schedule associated with your chosen subscription. Invoices should be settled within the stipulated timeframe. Ensure your payment details are updated with us or with the partner. Delays or non-payment might lead to service suspension. In case of overdue payments, we reserve the right to impose interest on the outstanding sum. Collection fees and legal expenses, if incurred, will be borne by you.

33. Contract Length: You can cancel your subscription package with VeritaTrust at any time subject to the following provisions by giving 30 days’ written notice of cancellation. We will continue to bill you for the ongoing service until we receive written confirmation and this can be done by sending an email to finance@veritatrust.com. Billing on the account begins once the account is active.

VeritaTrust reserve the right to continue to commercially exploit display reviews written on VeritaTrust notwithstanding a client’s cancelled subscription.

34. Indemnity: Clients shall indemnify VeritaTrust against any loss or damage suffered or incurred by VeritaTrust as a result of any third party claim (including any claim or allegation by any governmental authority) that:

the use of any content provided by Client infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
VeritaTrust use of Client data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
any email message sent or caused to be sent by VeritaTrust on behalf Client violates any applicable law, rule or regulation.
Client shall not bring any claim against VeritaTrust arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Client shall indemnify VeritaTrust against any loss or damage suffered or incurred by VeritaTrust as a result of any such claim, whether such claim is brought by the Client, any of Client’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

35. Limitation Of Liability: Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under Luxembourg law.

Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential loss or special damages.

You agree that without prejudice to the preceding provisions the aggregate liability of all of the corporate entities trading as VeritaTrust their officers and employees shall not exceed the sum of 100 Eur. (one hundred pounds euros) or the amount of your annual subscription whichever is greater.

Nothing in this clause 32 shall operate to limit liability for death or personal injury or for fraud.

Safeguarding Your Information: To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard (SDP).

VeritaTrust accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.

Personal Information: In connection with the use of the services, we collect user data when users register with VeritaTrust. This data is stored in the Amazon Web Services and will not be passed to a 3rd party without prior consent.

To ensure that users get the best possible experience from using the website, we process information about search behaviour and other user behaviour on the website, including the total number of visits to the website. The information will, however, not be processed in a way that can trace the behaviour to specific users.

Cookies are used on the website to monitor what parts of the website the user’s browser has previously visited and enables us to adjust the website’s content accordingly. However, we do not process information, gathered by cookies in this manner, that can connect the user behaviour with specific users.

Our processing of personal data is carried out in compliance with laws relating to the collection and processing of personal data in the jurisdictions in which we operate. You warrant that you have read and agree to be bound by the terms of our Data Processing Agreement which can be found at Privacy Policy.Registered users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, by giving notice to support@veritatrust.com. Withdrawal of consent will be considered as a request to be deleted as a registered user.

We have initiated a number of technical and organisational arrangements to ensure that personal information that is being processed is not deleted, and does not disappear, deteriorate or become misappropriated by unauthorised parties.

We may use account registration information and other personal information of Registered Users collected in connection with their use of our services as described in our Privacy Policy, as updated from time to time which shall apply and form part of this Agreement.VeritaTrust is not responsible for and assumes no liability for Registered Users’ conduct on or use of the VeritaTrust service, including the content published by the reviewers (“User Content”). VeritaTrust does not and cannot control or monitor the User Content and VeritaTrust does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of VeritaTrust, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as VeritaTrust’s approval, endorsement or recommendation of any Registered User’s products or services. No Registered User may market itself or make any public representations to the contrary.

Registered Users’ use of the VeritaTrust Service must at all times comply with all applicable laws, rules and regulations. You warrant to VeritaTrust that your use of the VeritaTrust Service will in no way cause VeritaTrust to violate any applicable laws, rules or regulations or to violate the rights of any third party.

When a Registered User signs up for an account, a password to the account is created. This password may only be used by and for that Registered User . You as Registered User agree that you are personally responsible for all contributions to the VeritaTrust service occurring using your account ID.

You should be aware that when writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if you have elected to publish anonymously (if that company uses VeritaTrust Business Services).

If you have verified your review by adding social media information this will also be visible in the client’s dashboard. We may store & display publicly visible social media profile information including follower numbers and social media handles.

DISCLAIMER: You agree that VeritaTrust does not produce or publish contributions on the website and that VeritaTrust cannot be held accountable for the reviews and comments made on the website. If you would like to remove a review or discuss an issue with the website, please email support@veritatrust.com

You agree that VeritaTrust has no responsibility for the accuracy or completeness of contributions published by registered users on the website.

VeritaTrust does not read through or edit contribution added to the website of registered users, and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, VeritaTrust will accept no responsibility for the contents of the website to which you are directed by the link in question.

VeritaTrust recommendations and reference is guidance only and you agree that VeritaTrust can in no way be held responsible if the recommendation turns out to be unsatisfactory.

VeritaTrust makes no warranty or representation express or implied about website availability and/or business interruption and you agree that it can in no circumstances be held responsible for any technical failure, market interruptions or downtime in connection with any loss of revenue, loss of goodwill or similar losses.

VeritaTrust reserves the right to update and revise these terms at any time, as well as the right to close the website for any reason without warning.

We expressly reserve the right to delete reviews which we suspect rightly or wrongly in our complete discretion are shill reviews or have been planted or solicited externally.Reviews solicited outside of the VeritaTrust ecosystem may be flagged and moderated.

CONFIDENTIALITY: During the term of this Agreement, either party (as the “Disclosing Party“) may disclose or make available to the other party (as the “Receiving Party“) information about its business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information“). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 17 by the Receiving Party or any of its Representatives, (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information, (iii) was known by or in the possession of the Receiving Party or its representatives before being disclosed by or on behalf of the Disclosing Party, (iv) was or is independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction.

The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (B) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement.

The provisions of this Section 36 shall survive the natural expiration or termination of this Agreement for any reason for a period of three (3) years.

GOVERNING LAW AND DISPUTES: This agreement is governed by and shall be construed in accordance with the laws of the Netherlands. If you reside outside the Netherlands, you agree to submit to the exclusive jurisdiction of the courts in the Netherlands. If you reside in the Netherlands or your business is located in the Netherlands, you agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to the use of our services. The arbitration will be governed by the rules of arbitration of the Netherlands Arbitration Institute (“NAI”), as modified by these Terms, and will be administered by the NAI. If the NAI is unavailable, the parties will agree to another arbitration provider or request that the NAI nominate a substitute arbitrator. Each party will be responsible for paying any NAI filing, administrative, and arbitrator fees in accordance with the NAI rules. If you do not wish to be bound by this provision, you must notify us within 30 days of the first acceptance date of any version of these terms containing an arbitration provision. Your notice to us must be submitted to the registered office of VeritaTrust to legal@veritatrust.com
GENERAL
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of the Agreement and shall not cause the invalidity or unenforceability of the remainder of the Agreement.
Client acknowledges and agrees that VeritaTrust has the right, at any time and for any reason, to redesign or modify the VeritaTrust Materials and other elements of the Platform or any part thereof.
This Agreement constitutes the entire agreement between Client and VeritaTrust respect to the subject matter herein and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, including previous non-disclosure agreements between the parties. VeritaTrust may update this Agreement from time to time. We will provide prior written notice of any material updates at least thirty (30) days in advance of the effective date; provided however, VeritaTrust may not be able to provide at least thirty (30) days prior written notice of material updates to this Agreement that result from changes in law, regulation, or requirements, directly or indirectly from telecommunications providers.Except as otherwise specified by VeritaTrust, updates will be effective upon the effective date indicated. The updated version of this Agreement will supersede all prior versions. Following such notice, Client’s continued use of the Services and Platform on or after the effective date of the updated Agreement constitutes Client’s acceptance of such updated Agreement. If you do not agree to the updated version of this Agreement , you must stop using the Services and Platform immediately.
No failure, delay or default in performance of any obligation of a party (other than a payment obligation) shall constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; epidemic, pandemic or quarantine; earthquake, tornado or other natural disaster; failure or diminishment of power or telecommunications or data networks or services; distributed denial of service (DDoS) or other cyberattacks; or refusal of a license by a government agency. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
Neither party may assign this Agreement without the prior written consent of the other party, not to be unreasonably withheld, provided that either party may assign or transfer this Agreement, without the prior written consent of the other party, to an affiliate or in connection with a sale or merger of all or substantially all of the assigning party’s business or assets. Any unauthorized assignment will be void and of no force or effect.
Except as expressly stated herein, nothing in this Agreement shall be considered as granting any rights to third parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.