Legal stuff


On this page you'll find our legal stuff.

To make it easier for you to find what you're looking for, we've created button with links that will take you straight to that part of the page you need.

Chek 'em out below:

Terms and Conditions
Refund Policy
Privacy Policy
Affiliate/Partner Program Agreement

P.S -

if you need any help with ANYTHING, please contact us in one (or both if you're stressed) of the following ways:

  • Email us: at hi@yogibabe.life. We do our best to respond within 24 hours tops on Sunday-Fridays.
  • Contact page: Send us a contact form through our contact page in this link right here.

Terms & Conditions


Welcome to Yogibabe
These terms and conditions outline the rules and regulations for the use of Yogibabe's Website.
Yogibabe is located at: http://www.yogibabe.life and http://members.yogibabe.life/

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Yogibabe's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies - We employ the use of cookies. By using Yogibabe's website you consent to the use of cookies in accordance with Yogibabe’s privacy policy.Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.License
Unless otherwise stated, Yogibabe and/or it’s licensors own the intellectual property rights for all material on Yogibabe. All intellectual property rights are reserved. You may view and/or print pages from http://www.yogibabe.life for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from http://www.yogibabe.life and http://members.yogibabe.life/
Sell, rent or sub-license material from http://www.yogibabe.life and http://members.yogibabe.life/
Reproduce, duplicate or copy material from http://www.yogibabe.life and http://members.yogibabe.life/

Redistribute content from Yogibabe (unless content is specifically made for redistribution).
Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to hi@yogibabe.life.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party's site.

No use of Yogibabe’s logo or other artwork will be allowed for linking absent a trademark license
agreement.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.

 

Refund Policy


Thank you for shopping at Yogibabe!

This is the Return and Refund Policy of Yogibabe.
Please read it carefully.

Digital products - We do not issue refunds for digital products once the order is confirmed.

We recommend contacting us for assistance if you experience any issues receiving or downloading our products.

Problems with accessing your products and programs -
If you experience any problem accessing the product or program you just purchased, please contact us using one or both of the contact options below.

Since we cannot "guess" you've had a problem - we'd love to know about it, so we can help. if you won't let us know of the problem, know that it is not our responsibility to become aware of it ourselves.

Contact us - If you have any questions about our Returns and Refunds Policy, please contact us:

Privacy Policy


We're still working on creating a brand new privacy policy.

In the meantime, we're generated a standard one
(you can check it out below)


This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Open a Support Ticket or enter information on our site.

Provide us with feedback on our products or services

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

We do not use vulnerability scanning and/or scanning to PCI standards.
We only provide articles and information. We never ask for credit card numbers.
We use regular Malware Scanning.

We do not use an SSL certificate
• We do not need an SSL because:

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

 

• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, It won't affect the user's experience .

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By emailing us

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can:
• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Contact us link
Nir Moshe
Nir Moshe, Israel 85370
Israel
hi@yogibabe.life

Last Edited on 2018-05-23

Partner/Affiliate Agreement


This is a contract between you (the “Affiliate”) and us (“Yogibabe” or "Company"). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.

Both the "Affiliate" and the "Company" - Each may be referred to as “Party” or collectively as the “Parties.”

WHEREAS Company is in the business of online selling of self-care products by the brand name “Yogibabe”.

WHEREAS the Affiliate wishes to promote such products on the terms and conditions contained in this Agreement,

WHEREAS for Sign up for the Affiliate Program, the Company uses a third party Service “Thrive Cart”, the link to signing up: https://bossup.thrivecart.com/wwk/partner/

NOW THEREFORE, the parties agree as follows:

1. DEFINITION

“AFFILIATE” as referred to in this document shall mean: A user who joins the Service in order to promote a products (normally in exchange for a fee for each sale referred). The affiliate gets a unique affiliate link which they can share with their audience.

“AFFILIATE LINK” means the unique tracking link that affiliate place on site or promote through other channels.

“SERVICE” as referred to in this document shall mean: The facilities and benefits provided by the site at www.YogiBabe.life

­­­­­­

“SUBSCRIBER” as referred to in this document shall mean: The user/customer who has purchased the product of the Company.

“CUSTOMER” as referred to in this document shall mean: A person who accesses the site at ww.YogiBabe.life

“PRODUCT” as referred to in this document shall mean: the digital files that uploaded to Company's servers and any tangible items or services that they create as an items to sell through the Service.

2. DESCRIPTION OF SERVICES

  • Affiliate will have the non-exclusive right to represent Company and to market and sell Company's Products.
    • Affiliate will provide the following services:
      • Affiliate will be responsible for marketing and promoting the Company products. Any publication and/or distribution of printed material in the promotion of the Company products shall first be approved by Company. The Company name and logo, promotional materials, and information may be used with the approval of Company during the term of this
      • Affiliate will refer the prospective customers to either:
        • The Company’s sign up page where the Affiliate leads can sign up to the Company mailing list by submitting their name and email and/or;
        • To a sales page, where the Affiliate leads can buy any Company’s online program or physical products.
      • Affiliate will be financially responsible for all marketing, selling, administrative and other expenses relating to its marketing efforts
    • Company will provide the following services:
      • Company will track all Affiliate referrals through its database and provide a monthly summary of activity to Affiliate.
      • Company shall be responsible for all support services for customers referred by the Affiliate.
      • Company shall have the sole right and responsibility for processing all leads from referrals generated by Affiliate.

3. COMMISSIONS

Company agrees to pay Affiliate a commission of 50% of the net revenue received by Company for each prospective customers referred by Affiliate, as per the terms and conditions of this agreement;

 

  • Acceptance and Validity. Affiliate will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not, at the time of submission or sixty (60) days prior, one of our pre-existing customers, or involved in our active sales process. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion.
  • If an Affiliate Lead does not purchase the product, Affiliate will not be eligible for a Commission payment. Further, the Affiliate will also not be eligible for a Commission if Company receive any revenue from Affiliate Lead for taking trial of the Product. Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Affiliate Lead is valid. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead. Any engagement between Company and an Affiliate Lead will be at Company’s discretion.
  • Commission and Payment. Requirements: All commission will be paid via Paypal account. In order to receive payment under this Agreement, Affiliate must have: (i) have a valid and up-to-date Paypal account (ii) completed any and all required tax documentation in order for Company to process any payments that may be owed to Affiliate.
  • Commission Payment. The Company will pay the Commission amount due to Affiliate within forty-five (45) days after the end of each fiscal quarter for any Commission amounts that Affiliate become eligible as per the terms of this agreement. Company will determine the currency to pay the Commission, as well as the applicable conversion rate. Company will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).  Affiliate will be responsible for payment of all taxes applicable to the Commission. All amounts payable by us to Affiliate are subject to offset by us against any amounts owed by Affiliate to us.
  • Commission Amounts. We reserve the right to alter or change the Commission amount. We will post all information regarding the Commission amount on the Program Policies Page.

 

4. INITIAL TERM 

The term of this Agreement shall be Three (3) years from the Effective Date.

5. EXTENSION OF TERM 

The term of this agreement may be renewed for an additional one-year period (the “Extension Term”), by mutual agreement of the parties. The addition of an Extension Term shall be documented by a written amendment to this Agreement, executed by both parties.

6. TERMINATION

This agreement may be terminated by either party for any reason with 30 days written notice. The Company can terminate this agreement immediately if Affiliate breach any terms and conditions of this agreement.

7. OWNERSHIP/INTELLECTUAL PROPERTY 

All content and improvements to Company’s marketing materials are the sole property of Company. This shall apply with respect to Company’s copyrightable works, ideas, discoveries, inventions, applications for patents, and patents, any improvements, further inventions or improvements, and any new items discovered or developed by Company during the term of this Agreement. Affiliate shall sign all documents necessary to perfect the rights of Company in such intellectual property, but will not be liable for any costs associated with perfecting the rights of Company in said property.

8. EXPENSE REIMBURSEMENT

 Affiliate shall pay all “out-of-pocket” expenses related to its marketing efforts (see paragraph 2, “Description of Services” above), and shall not be entitled to reimbursement from Company.

9. RELATIONSHIP OF PARTIES

 This Agreement does not constitute either party an agent, legal representative, joint venture partner, partner, or employee of the other for any purpose whatsoever and, neither party is in any way authorized to make any contract, agreement, warranty or representation or to create any obligations, express or implied, on behalf of the other party hereto.

10. GOVERNING POLICIES AND PROCEDURES

All Company rules, policies, and operating procedures concerning customer orders and returns, customer service, customer data, and product sales will apply to customers and prospects referred by Affiliate.

11. LEGAL REQUIREMENTS 

Affiliate and Company agree to obtain and maintain all permits, licenses and consents (governmental and otherwise) that are necessary or advisable for providing the services described in Section 2 above and further, in providing the services described in Section I above, to comply with all applicable legal requirements.

12. INDEMNIFICATION 

( a) Company agrees to indemnify Affiliate, together with the officers, directors and employees of Affiliate, and defend and hold them harmless from and against all claims, losses, causes of action, liabilities, damages and expenses (including, without limitation, reasonable attorneys' fees) directly arising from, incurred as a consequence of or otherwise directly attributable to the gross negligence of Company in providing the Services.

 

(b) Affiliate agrees to indemnify Company, together with the officers, Directors, and employees of Company, and defend and hold them harmless from and against all claims, losses, causes of action, liabilities, damages and expenses (including, without limitation, reasonable attorneys' fees) directly arising from, incurred as a consequence of or otherwise directly attributable to the gross negligence of Affiliate in connection with the Services being provided in this Agreement.

13. NON SOLICITATION

Affiliate agree not to intentionally solicit for employment any of Company’s employees or contractors during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement.  Both affiliate and Company acknowledge that (i) any newspaper or other public solicitation not directed specifically to such person shall not be deemed to be a solicitation for purposes of this provision, and (ii) this provision is not intended to limit the mobility of either our employees or contractors.

14. ASSIGNMENT 

Neither party's obligation under this Agreement may be assigned or transferred to any other person, firm, or corporation without the prior written consent of the other party, provided that Company’s approval of Affiliate’s transfer or assignment shall be based upon Company’s determination, in its reasonable discretion, that Affiliate’s transferee or assignee has the requisite experience, resources, and financial stability to fulfill the obligations of Affiliate under this Agreement, and that the transfer will not create a conflict of interest with Company’s corporate goals. Company may, however, assign this Agreement without consent of Affiliate in connection with a merger, consolidation, acquisition or sale of substantially all of its assets or stock, or substantially all of the assets of the division of its business providing distance-learning courses in medical transcription.

15. CONFIDENTIALITY 

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, concerning either party, or any of their respective affiliates, provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly by the party receiving such information for its own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys or other agents (including employees and investors on a need to know basis) on a confidential basis and (c) otherwise as required by applicable law, rule, regulation or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

16. SURVIVAL 

The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

17. NOTICES 

All notices required and permitted under this Agreement shall be in writing and shall be delivered in person or deposited in the mail, postage prepaid to the mailing address on page 1 of this Agreement. Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.

18. ENTIRE AGREEMENT 

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. Agreement is five (5) pages in length including signature page.

19. AMENDMENT 

This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

20. SEVERABILITY 

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable then such provision shall be deemed to be written construed and enforced as so limited.

21. WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of the Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

22. APPLICABLE LAW 

This Agreement shall be governed by the laws of the State of the United States Of America.

23. COUNTERPARTS 

This Agreement may be signed by facsimile and in any number of counterparts with the same effect as if the signatures upon any counterpart were upon the same instrument. All signed counterparts shall be deemed to be an original.

 

IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the date first above written.