www.mypocketdeals.com reserves the right to change these Terms and Conditions from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions, www.mypocketdeals.com reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the www.mypocketdeals.com Web site, to the education portion of the Web site both now and in the future.
No Endorsements; User Waiver of Claims
User acknowledges that www.mypocketdeals.com sells no real estate or real estate services ("Product") through this Web site. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate or educational service providers (collectively, the "Vendors") may post information on this Web site or contact you at your request, but User understands that www.mypocketdeals.com is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web site, including those providing educational, seminar or other published materials. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web site, he or she waives any and all claims against www.mypocketdeals.com that are connected to use of this Web site or any vendor that provides services or products on this Web site.
General Disclaimer
Although www.mypocketdeals.com has made reasonable efforts to place accurate information on this Web site, www.mypocketdeals.com assumes no responsibility for the accuracy of the information. WWW.MYPOCKETDEALS.COM PROVIDES THIS WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND WWW.MYPOCKETDEALS.COM FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS WWW.MYPOCKETDEALS.COM DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
WWW.MYPOCKETDEALS.COM SHALL NOT B
User agrees to indemnify and hold harmless www.mypocketdeals.com, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
The subscription to www.mypocketdeals.com services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the www.mypocketdeals.com Web site or on any other co-branded Web site, by any User in any capacity, is strictly prohibited and a material condition to the use of the www.mypocketdeals.com site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of www.mypocketdeals.com, which constitutes the intellectual property of A&A Realty Group LLC. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other information contained within the www.mypocketdeals.com or co-branded Web sites in a commercial manner is strictly prohibited. www.mypocketdeals.com reserves the right to immediately terminate any account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the www.mypocketdeals.com Web site (or co-branded Web site) on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any User is determined to be engaged in any activities prohibited in this section, www.mypocketdeals.com may seek injunction in any court located in
User shall always use the real property information for the User's own internal business purposes only;
User shall not use the real propertyi nformation for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
User shall not disclose or provide the real property information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Terms and Conditions of Service or are otherwise covered under the Terms and Conditions of Setvice;
User acknowledges that data contained therein, is provided by other Users of www.mypocketdeals.com Web site and is provided on an "as is, as available" basis with all faults and defects. www.mypocketdeals.com does not make any warranties, expressed or implied, including without limitation, those of occuracy of any information posted on it's Web site, nor is responsible for errors, omissions, miscalculations, or misrepresentations of value;
User acknowledges that use of any and all information posted on www.mypocketdeals.com Web site is done so that the sole risk and responsibility of User or the ultimate end user of such information. In no event shall www.mypocketdeals.com or its suppliers or licensors be liable for use or misuse of any information provided on www.mypocketdeals.com Web site, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of said information regardless of the circumstances;
Any use of the service and underlying real property information by User shall be at its own risk, and User hereby indemnifies www.mypocketdeals.com and its suppliers or licensors with respect thereto. In no event shall www.mypocketdeals.com and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
Trademarks, Service Marks, Logos, Corporate Identifications Protected
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of www.mypocketdeals.com or A & A Realty Group LLC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by www.mypocketdeals.com.
User's Code of Behavior
User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to www.mypocketdeals.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches, which shall not exceed 200 searches per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.
By subscribing to the www.mypocketdeals.com service, User agrees not to:
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit www.mypocketdeals.com;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property of www.mypocketdeals.com;
- include information in ‘About me’ or ‘About my business’ sections of user profile or in Shout updates which reveals user’s identity such as an email address, phone number or address or is confidential in nature;
- utilize information, content or any data you view on and/or obtain from www.mypocketdeals.com to provide any service that is competitive, in our sole discretion, with www.mypocketdeals.com;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by www.mypocketdeals.com unless you have expressed written permission;
- rent, lease, loan, trade, sell/re-sell access to www.mypocketdeals.com or any information therein, or the equivalent, in whole or part;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
- use automated methods to add contacts, send messages or other permitted activities;
- access, via automated or manual means or processes, www.mypocketdeals.com for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of www.mypocketdeals.com’s website;
- attempt to or actually access www.mypocketdeals.com by any means other than through the interface provided by www.mypocketdeals.com;
- attempt to or actually override any security component included in or underlying www.mypocketdeals.com;
- engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- remove any copyright, trademark or other proprietary rights notices contained in or on www.mypocketdeals.com, including those of both www.mypocketdeals.com or any of its licensors;
- remove, cover or otherwise obscure any form of advertisement included as part of www.mypocketdeals.com;
- use any information obtained from www.mypocketdeals.com to harass, abuse or harm another person;
- collect, use or transfer any information, including but not limited to, personally identifiable information obtained from www.mypocketdeals.com except as expressly permitted in the Terms and Conditions of Service or the owner of such information may expressly permit;
- interfere with or disrupt www.mypocketdeals.com, including but not limited to any servers or networks connected to www.mypocketdeals.com, or disobey any requirements, procedures, policies or regulations of networks connected to the www.mypocketdeals.com;
- use or attempt to use another's account without authorization from the Company, or create a false identity on www.mypocketdeals.com;
- infringe or use www.mypocketdeals.com’s brand, logos and/or trademarks in any business name, email, or URL or including www.mypocketdeals.com’s trademarks and logos on any website without authorization;
- upload, post, email, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity;
- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by www.mypocketdeals.com;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using www.mypocketdeals.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using www.mypocketdeals.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of www.mypocketdeals.com or any User of www.mypocketdeals.com;
- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “name” or any other field).
- falsely states, impersonates or otherwise misrepresents your identity;
- distribute the information contained in www.mypocketdeals.com to any person or organization, by any means, printed, electronic or other.
Cancellations
- Login to www.mypocketdeals.com with a username and password and click on the "HELP" link at the top of the screen. On this page there is a "How do I Cancel My Account?" link that will allow the User to cancel his or her service.
- Contact the www.mypocketdeals.com customer service department via telephone through the number provided in "Contact Us" link at the bottom of the page. Customer care representatives can cancel User service immediately over the phone.
- Fill out the form located in the "Contact Us" section of www.mypocketdeals.com, a link to which can be found on the HELP page at the right side of the screen. User must type in "Cancelation Request" in the form before hitting the "Submit" button at the bottom of the form.
www.mypocketdeals.com will not accept an "email," "phone call," "phone message," or "fax" as a method of canceling service unless the customer speaks directly with a customer service representative; User must use the "How do I cancel my account?" page to cancel this service.
User must use the cancel process stated above to cancel this service. User acknowledges that refunds will not be issued to a user based upon any reason, which includes, but not limited to, his or her personal views or opinions of www.mypocketdeals.com, for any period of service whether or not the user has used the service or has otherwise obtained information from the site. This includes the quality of content, delays in updates, or related matters. Any exceptions to this policy are at the sole discretion of www.mypocketdeals.com. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.mypocketdeals.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.
www.mypocketdeals.com will not be held responsible for charges incurred because of User inputting an invalid or incorrect email address when signing up. Furthermore, User's non-use of the site, misplaced or lost username and/or password, shall not justify User receiving any refund for any services charged.
Links to/from Third Party Sites
This Web site contains links to third party sites. User accesses these sites at User's own risk; www.mypocketdeals.com is not responsible for the contents, changes, updates, or other links contained in a linked site. www.mypocketdeals.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.mypocketdeals.com of the site.
Authorization, Credit Cards, Debit Cards, ACH Transactions
By signing up to the trial or for any direct service provided by www.mypocketdeals.com and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by www.mypocketdeals.com after the expiration of any trial period to the extent said period is applicable or in the event a trial is not applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy. DEBIT CARD CUSTOMERS ARE ADVISED THAT BASED ON THE TRIAL PROGRAM AND DEBIT CARD PROCESSING SYSTEM, ONE MONTHS PAYMENT WILL TEMPORARILY REDUCE THE OPEN TO BUY BALANCE ON THE DEBIT CARD AT THE TIME OF SIGNUP SO THAT SUFFICIENT FUNDS ARE AVAILABLE IN THE EVENT THE CUSTOMER CONTINUES WITH THE SERVICE AFTER THE TRIAL. IN THE EVENT THE SERVICE IS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY THIS OPEN TO BUY BALANCE WILL BE AVAILABLE AFTER CANCELLATION. No funds are transferred to www.mypocketdeals.com from debit cards until after the expiration of the trial period. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the www.mypocketdeals.com subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.mypocketdeals.com as a result of use of the Web site.
Governing Law
The contents of this Web site and any claims related to it are governed by the laws of the State of
Privacy
Personal information is defined as any information entered when registering or using services obtained through our Web site, information you provide as part of registration for one of our education or seminar programs or any other information collected about you on our Web site (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at www.mypocketdeals.com constantly strive to provide useful products and services based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies, including related interests or vendors so as to provide you with important offers. We may also use or provide partners with aggregate information from the information provided by all users. If you linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site and to other third parties. If you are a participant in our educational programs and seminars we may provide you special offers on related subjects of interest or an email displaying those subjects.
Entire Agreement
By subscribing to the www.mypocketdeals.com's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in www.mypocketdeals.com to any person or organization, by any means, printed, electronic or other.
Listing Policy
All listings entered on www.mypocketdeals.com may be subject to review by www.mypocketdeals.com personnel ("Listing Review") prior to becoming available for full viewing online. www.mypocketdeals.com reserves the right, but not the obligation, to review any listing entered by user on www.mypocketdeals.com. Although user's listings may be subject to Listing Review, User remains solely responsible for abiding by the Listing Policies and www.mypocketdeals.com's Terms and Conditions. The Listing Policies prohibit User from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates www.mypocketdeals.com's Terms and Conditions. By entering listings on www.mypocketdeals.com, User warrants and represents that User owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for User to provide, post, upload, input or submit such content. User acknowledges that www.mypocketdeals.com cannot police or control all of the content provided by User(s) that is made available on www.mypocketdeals.com.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on www.mypocketdeals.com until the issue in question has been addressed. When conducting Listing Review, new listings added to www.mypocketdeals.com are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the User about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the User receives notice from Listing Review, the User will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the User to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the User fails to respond to the communication from Listing Review, www.mypocketdeals.com in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Required Fields
All fields noted by an asterisk (*) on the add property page are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
Address Fields
All Address fields on www.mypocketdeals.com including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address of the property being listed. These fields are not for the listing of additional information about the property (see Property Describtion). Entering "Confidential", "Call for Info", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address or City Name fields is strictly prohibited. www.mypocketdeals.com reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing User.
Property Description
Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not www.mypocketdeals.com members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in www.mypocketdeals.com's removal of all of such User's active listings on the Service until all such content has been appropriately rectified.
Property Type
Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). www.mypocketdeals.com reserves the right to change or remove property types deemed to be misleading.
Pricing
A valid Sales Price in the Asking Price field for the listed property is required for all www.mypocketdeals.com Listings. www.mypocketdeals.com reserves the right to remove all listings that are deemed to have invalid prices or any listing with $0 listed in Asking Price field.
Listing Parameters
In order to maximize the features of the www.mypocketdeals.com service, Customers should note certain parameters in the listing process.
Duplicates
www.mypocketdeals.com prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. www.mypocketdeals.com reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing User.
Use of Photographs
Property photographs posted, attached, or affixed to listings must be actual photographs of the property being listed. All such photographs must be either (a) the property of the listing user or (b) the listing user must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the User's website or on www.mypocketdeals.com's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the property being listed, including company logos, may be removed at the discretion of www.mypocketdeals.com.
Prohibited Conduct
Users are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the www.mypocketdeals.com.
"Billboard" Listings
Listings on www.mypocketdeals.com are for properties that are currently offered for
Keyword Manipulation
www.mypocketdeals.com offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a User may, at the sole discretion of www.mypocketdeals.com, lead to the removal of all of that User's active listings from the web site and termination of that User's subscription.
Offensive Language
Use of profanity or vulgar language in any section of the www.mypocketdeals.com database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Users posting such language to the www.mypocketdeals.com web site may be subject to disciplinary action, including termination of a User’s subscription.
Affiliate Commision Agreement
A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote MyPocketDeals.com in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE MyPocketDeals.com , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in