BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, GotYour6 grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of GotYour6. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of GotYour6 or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
- USER INFORMATION; PASSWORD PROTECTION
You will also be asked to provide a user name and password in connection with Your use of certain features of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other subscriber at any time. You agree to notify GotYour6 immediately of any unauthorized use of Your account, user name, or password. GotYour6 shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by GotYour6, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify GotYour6 if any credit/debit card that You have provided to us is lost, stolen or used without permission.
- RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. GOTYOUR6 DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL GOTYOUR6 BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
- PROFILES; INFORMATION PROVIDED BY MEMBERS
As part of registration with the Website, both customers and affiliates may be asked to create a profile, which contain certain indentifying information (such as name, age, address, etc.). GotYour6 relies on its participants to provide current and accurate information. Accordingly, GotYour6 must assume that information contained in each profile is current and accurate. GOTYOUR6 DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF ANY PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY CUSTOMERS, AND AFFILIATES BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
- AFFILIATE DISPUTES
GotYour6 reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website Affiliates. You agree to hold GotYour6 harmless in connection with any dispute or claim You make against any other Affiliate.
- CONSENT TO RECEIVE EMAIL FROM GOTYOUR6
By registering with the Website, you thereby consent to receive periodic phone, text and email communications from GotYour6 regarding the Services, new product offers, promotions and other matters.
- INVITE BY EMAIL FEATURE; AFFILIATE PROGRAM
The "Invite by Email" feature of the Website allows You to invite friends and family to join the GotYour6 identity theft protection program and/or participate as an affiliate by sending invitation emails. If You choose the “Invite by Email” feature, or similar feature, GotYour6 will automatically send an email on Your behalf to the indicated recipient. Your name and email address will appear in the "From" line of such email, while the "Subject" line and body of the email message will explain the email's contents.
GotYour6’s Affiliate Program allows You to refer friends and family through the “Invite by Email” feature and earn referral commissions in multiple ways. For a complete explanation of the Affiliate Program, please review the [Affiliate Program] page on the Website. GOTYOUR6 RESERVES THE RIGHT, IN GOTYOUR6’S SOLE DISCRETION, TO CHANGE THE AFFILIATE PROGRAM COMMISSION STRUCTURE OR TERMS AND CONDITIONS IN EFFECT, OR TO ADD NEW TERMS AND CONDITIONS, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.
By registering with the Website, You expressly authorize GotYour6 to charge You the a recurring monthly fee (the “Membership Fees”). Upon registration, You will be billed a Subscription Fee for the first month (if less than a full calendar month) and the full Subscription Fee on the first (1st) of each calendar month thereafter, unless and until You cancel Your subscription. ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. GOTYOUR6 RESERVES THE RIGHT, IN GOTYOUR6’ SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU. Should you wish to cancel Your subscription, please phone GotYour6 at 800.711.NCDI or email your cancellation request to billing@GotYour6.com.
- THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with GotYour6 and some of whom may not. GotYour6 does not have control over the content and performance of Third-Party Websites. GOTYOUR6 HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, GOTYOUR6 DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. GOTYOUR6 DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
- USER CONTENT
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the GotYour6 Parties under this section.
- PUBLIC FORUMS
“Public Forum” is any area, site or feature offered as part of the Website (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website subscribers or affiliate or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed by other Website subscribers and affiliates, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. GOTYOUR6 DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
- YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website subscribers or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, GotYour6 is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
- OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other GotYour6 agreement or policy, including without limitation GotYour6’ policies; or (i) is generally offensive or in bad taste, as determined by GotYour6 (collectively, “Objectionable Content”). GOTYOUR6 DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, GotYour6 reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. GotYour6, in its sole discretion, may delete any Objectionable Content from its servers. GotYour6 intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
- PROHIBITED USES
GotYour6 imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to GotYour6 or any other subscriber; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) harvest or otherwise collect information about GotYour6 users, including email addresses and phone numbers; (e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (f) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (h) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (i) except as provided under Section 13, use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; (j) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the GotYour6 Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
- INTELLECTUAL PROPERTY
- Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
GOTYOUR6, GOTYOUR6.COM and the “GotYour6 logo” (collectively, the “GotYour6 Marks”) are trademarks or registered trademarks of GotYour6, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the GotYour6 Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the GotYour6 Marks generated as a result of Your use of the Website and Services will inure to the benefit of GotYour6, LLC, and You agree to assign, and hereby do assign, all such goodwill to GotYour6, LLC. You shall not at any time, nor shall You assist others to, challenge GotYour6 LLC’s right, title, or interest in or to, or the validity of, the GotYour6 Marks.
- Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the GotYour6 logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by GotYour6.com, LLC or are the property of GotYour6’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2017 to the present, GotYour6, LLC. ALL RIGHTS RESERVED.
- Copyright Policy
As GotYour6 asks others to respect GotYour6’s intellectual property rights, GotYour6 respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify GotYour6 in accordance with GotYour6’ [Copyright Policy]. GotYour6 will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. GotYour6 has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of GotYour6 or of a third-party, or otherwise violated any intellectual property laws or regulations.
- DISCLAIMERS; LIMITATION OF LIABILITY
- NO WARRANTIES.
GOTYOUR6, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTYOUR6, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER GOTYOUR6 NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER GOTYOUR6 NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
- YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD GOTYOUR6 OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
- LIMITATION OF LIABILITY
THE LIABILITY OF GOTYOUR6 AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOTYOUR6 OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO GOTYOUR6 OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF GOTYOUR6 AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO GOTYOUR6 DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GOTYOUR6 AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND GOTYOUR6 OR BETWEEN YOU AND ANY OF GOTYOUR6’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. GOTYOUR6’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
- YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other GotYour6 policies, and with any applicable laws or regulations.
- INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless GotYour6 and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to GotYour6 or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
- GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Tulsa, Oklahoma and shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
- Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and GotYour6 arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Tulsa, Oklahoma (unless You and GotYour6 mutually agree to a different arbitrator) who shall render an award in accordance with the substantive laws of Oklahoma. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorneys’ fees) to the prevailing party.
- Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or GotYour6 from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or GotYour6 from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN AND AROUND TULSA, OKLAHOMA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
- Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by GotYour6. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1-2, 4, 6, 7-10, 15, and 17-28 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed GotYour6.
- Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, GotYour6 shall delete from GotYour6’s systems all of Your User Content, Personal Information and any other files or information that You made available to GotYour6 or that otherwise relate to Your use of the Website or Services. Subsequent to termination, GotYour6 reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
- Legal Action
If GotYour6, in GotYour6’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, GotYour6 will be entitled to recover from You as part of such legal action, and You agree to pay, GotYour6’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The GotYour6 Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. GotYour6 shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to GotYour6. You agree that any notice received from GotYour6 electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GOTYOUR6 IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GOTYOUR6 OF AN EMAIL TO THAT ADDRESS. You shall give any notice to GotYour6 by means of: (1) fax at: 918.317.7042; (2) U.S. mail, postage prepaid, to 14002 E. 21st Street – Suite 1000, Tulsa, OK 74134; or (iii) email to: notices@GotYour6.com.
This Agreement constitutes the entire agreement between GotYour6 and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of GotYour6 or by the unilateral amendment of this Agreement by GotYour6 and by the posting by GotYour6 of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of GotYour6. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and GotYour6 are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the GotYour6 Parties and the Indemnified Parties as and to the extent set forth in Sections 20, 24, and 22(c), and GotYour6’ licensors and suppliers as and to the extent expressly set forth in Section 22, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to GotYour6 and GotYour6’ licensors and suppliers, and would therefore entitle GotYour6 or GotYour6’ licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.