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THIS AGREEMENT (AS DEFINED BELOW) DESCRIBES THE TERMS BY WHICH GLOBALFISH.NET, A DIVISION OF GLOBALFOOD NETWORKS INC., HEREINAFTER REFERRED TO AS ("GLOBALFISH" or "we") OFFERS YOU ACCESS TO THE SERVICE.
BY CLICKING THE BOX "I have read and understand the GLOBALFISH.NET Terms of Agreement and I understand my legal obligations under the rules of international trade. I agree to fulfill these obligations in their entirety."
IN THE REGISTRATION, AND BY ACCESSING OR USING THE SERVICE THEREAFTER, YOU ACCEPT THE AGREEMENT AND AGREE TO BE BOUND BY EACH OF ITS TERMS.
As used herein, the term "Agreement" means this User Agreement, the Site Policies, the Privacy Statement, and the Subscription Fees, as well as all other terms, conditions, and rules that may be published or displayed from time to time by GLOBALFISH on this Web Site or at any other link designated in this User Agreement, including each amendment, alteration, modification, or supplementation of any and all of the foregoing. All of the foregoing is incorporated herein by reference. The terms of the Agreement apply to your use of the Service (as defined below). All amendments are effective 30 days after posting on our site. Your access to or use of the Service on or after such effective date constitutes acceptance of the amendments. This User Agreement may not be otherwise amended except in writing signed by both parties. YOU SHOULD READ THIS AGREEMENT EACH TIME YOU USE THE SERVICE. See the end of this document for the date of the last revision.
As used in this User Agreement, “Subscriber”, "User," or "you" shall jointly and severally refer to the individual completing the Subscription or Registration and the organization indicated on the Subscription, unless the context indicates clearly that all Users, including you, are the subject of the reference. As used herein a "Subscriber" is a User that has trading privileges which may include the right to make Requests for Offers, Offers to Sell or Counter Offers and enter into User Buy and/or Sell Arrangements; a User is any visitor to our Web Site, including Subscribers and those who have not registered for User.
By clicking the box, "I have read and understood the Globalfish.net Terms of Agreement and I understand my legal obligations under the rules of international trade. I agree to fulfill these obligations in their entirety" in the Subscription or Registration, and by accessing or using the Service thereafter, you represent and warrant to GLOBALFISH and each of the other Users of the Site that the individual taking such actions has the authority to enter into the Agreement on behalf of the organization that he or she indicates that he or she represents, that each person designated a representative on the User Application to enter into User Buy and/or Sell Arrangements (as that term is defined below in "Service") on behalf of such organization has the authority to do so, that the Agreement and each User Buy and/or Sell Arrangement to which such organization becomes a party is binding and enforceable against such organization, that such organization will have the ability to perform its obligations under the Agreement and the User Buy and/or Sell Arrangements and that the representations and warranties set forth in this User Agreement attributed to you are true and correct as to such individual and such organization. All Users are intended third party beneficiaries of the foregoing representations and the agreements set forth in the Agreement, and each User acknowledges that each other User is relying upon such representations and agreements.
Subject to the terms and conditions in the Agreement, GLOBALFISH hereby grants to you a nontransferable, nonexclusive license to access and use the Service solely for use by the User in accordance with the Agreement. We may in our sole discretion add, delete, or change some or all the services included within the Service at any time.
Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the information available through the Web Site of GLOBALFISH or any e-mail or other communication by or between Users, GLOBALFISH, and/or any other User, or make any use of any such information or the facilities of GLOBALFISH that would allow a third party to have access to or the benefits of the Service.
In addition, you agree to pay the fees and costs for the use of the Service in accordance with and to the extent provided in the Subscriptions and Fees, which is incorporated herein by reference, which may be amended from time to time and will be effective seven (7) days after posting on our Web Site or otherwise as noted in the Subscriptions and Fees. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, list, post, buy, or sell or otherwise use the Service. Moreover, you shall be responsible for providing and maintaining all communications lines, telephone/transmission services, and all equipment and technology necessary for you to access and use the Service.
The Site is a venue for exchanging information pertaining to business transactions. We post information provided to us by Users in an effort to enable our Users to conclude transactions or arrangements, if they so choose, with other Users (the "User Buy and/or Sell Arrangements"); we do not verify to anyone that the information provided to us is accurate or that the information shared between Users via our Web Site will create any legally binding contracts between or among Users. We do not act as a buyer, seller, or hold title to any product.
Thus, you and each other User acknowledge and agree that GLOBALFISH does not guarantee or become responsible for any obligation arising out of any User Buy and/or Sell Arrangement or provide any assurance that any User Buy and/or Sell Arrangement ultimately will be concluded.
GLOBALFISH and its employees shall have full access to all transaction data, bids, offers, customer profiles and other information on the Web Site. Subject to the GLOBALFISH Privacy Statement, GLOBALFISH may use such information in the constructive sourcing and connection of trading partners via traditional communication methods or by use of an online Internet trading environment.
You acknowledge and agree that GLOBALFISH has no control over (or liability for) the quality, safety, or legality of the products listed, the truth or accuracy of the listings, the ability of sellers to sell product, or buyers to buy product, or the performance by any User of any obligation (including the completion of any purchase or sale transaction). You and each other User assumes responsibility for, and acknowledge and agree that GLOBALFISH has no responsibility for and indemnifies and holds harmless GLOBALFISH from and against any Loss in any way relating to:
a. negotiating, documenting, and concluding all User Buy and/or Sell Arrangements to which you and another User are parties to in a form that will be enforceable in any jurisdiction that may be relevant to the transactions contemplated by the User Buy and/or Sell Arrangements;
b. the Products, the purchase and sale thereof, the delivery, transportation, storage, handling, release or use thereof, and any other action or matter relating to or affecting such Products or the purchase and sale thereof (including, without limitation, the User Buy and/or Sell Arrangements) or the compliance of the foregoing in all respects with all applicable laws, rules, and regulations (including, without limitation, export/import, registration, labeling, manifesting, health, safety, occupational and environmental and antitrust laws, rules, and regulations);
c. paying, depositing, collecting, and withholding, to the extent required by applicable law, any and all Taxes in any way attributable to the products and activities described in (b); and
d. any harm or damage to any person or property or to the environment in any way relating to or caused in whole or part by the products or activities described in (b);
e. your use of the Web Site or the Service or any violation of any law, rule, or regulation arising by reason of such use;
f. any claim or dispute which may arise from a breach of the terms of the Agreement or from any dispute which may arise between Users with respect to the Products;
g. any information supplied by or through you or any transactions to which you are a party and any misuse of information by you; and
h. your violation of the Agreement. You and each other User also make the representations, warranties, and agreements to GLOBALFISH and each other User set forth in the Policies, all of which are incorporated in this User Agreement. As used in this Agreement:
a. " Products" means any and all items that are the subject of a Product Offer or Purchase Request posting by you or such User or otherwise offered, advertised, purchased, sold, or intended to be purchased or sold by the user through the use of the Site's Web Site or the Service or based, in any part, on information obtained through such Web Site or Service;
b. "Loss" or "Losses" means all losses, liabilities, judgments, settlements, fines, Taxes, encumbrances, penalties, claims, suits, costs and expenses (including, without limitation, reasonable attorneys' fees) incurred or sustained by the relevant person; and
c. "Tax" or "Taxes" means any federal, state, local, or foreign income, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, premium, windfall profits, customs duties, capital stock, franchise, profits, withholding, social security (or similar), unemployment, disability, real property, documentary, personal property, sales, use, transfer, registration, value added, alternative or add-on minimum, estimated or other tax of any kind whatsoever, or any escheat obligations including any interest, penalty or addition, whether disputed or not.
Because user authentication on the Internet is difficult, GLOBALFISH cannot and does not confirm that each User is who they claim to be. Therefore, GLOBALFISH encourages you to be careful in dealing with others to avoid fraud, and to perform such verifications and checks as you deem necessary to evaluate with whom you are dealing when the identity of your potential trading partner is revealed during the course of a transaction.
User Representations, Warranties and Covenants
You represent, warrant and covenant to GLOBALFISH and each User transacting business on the Web Site that;
a. the transactions facilitated by or through the Site, including all User Buy and/or Sell Arrangements, are for the exchange of cash commodities for money and are not for speculative purposes;
b. you have the capacity to make (when you are Seller) and take (when you are Buyer) actual delivery of the goods or take title to the goods.
c. any communications with respect to Postings (whether online or offline) will comply with all applicable laws, rules, and regulations (including, without limitation, export/import, registration, labeling, manifesting, health, safety, occupational, antitrust and environmental laws, rules and regulations); and
d. any Products as to which you are making a posting (Requests for Offers, Offers to Sell, Bids to Buy and Counter Offers) and any of your actions through the use of the Service.
I. will be accurate and will not be fraudulent, fictitious, counterfeit, or stolen;
II. will not infringe on any third party's copyright trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
III. will not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, munitions controls, mislabeling, drug or health, unfair competition, or false advertising);
IV. will not contain any viruses Trojan horses, "sniffer" routines, backdoors, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines, including any programs or messages that are intended or designed to damage, interfere with, hinder, or harm any portion or all of the GLOBALFISH site or the services or surreptitiously to intercept, disable, alter, or expropriate any system, data, personal information, or facilities or functions associated with the GLOBALFISH Web Site or the Services (including, without limitation, e-mail and other communication services) or with any other computer software or hardware or telecommunications equipment;
V. will not link directly or indirectly to or include descriptions of goods or services that: a. are identical to other items which you have posted in a Requests for Offers, Offers to Sell, Bids to Buy, or Counter Offers but are priced lower than the reserve or minimum amount posted in your Requests for Offers, Offers to Sell, Bids to Buy, and Counter Offers or Request for New Suppliers; or b. you do not have a right to link to or include; and
VI. as to any Products of which you will be a Seller, the product and the description of such product will not be fraudulent or counterfeit, will have the quality that you advertise or post (and if you fail to specify a quality, the quality that you will be deemed to have represented shall be "prime" quality as determined by relevant industry standards and trade usage), will be owned by you at the time of posting
e. payment or delivery of the purchased products will be deferred only for the purposes of commercial convenience or necessity; and
f. you are solely responsible for your User Information all of which is accurate and is not fraudulent, fictitious, counterfeit, or stolen.
Right of Refusal, Suspension, and Termination
GLOBALFISH may terminate this User Agreement and the license granted to you at any time with or without cause and may refuse to provide the Service to you or any other User at any time, at its sole discretion. Without limiting any other remedies or limiting the foregoing, GLOBALFISH may suspend or terminate your account if you are found to have engaged in fraudulent, unethical or illegal activity in connection with our site, acted other than in good faith in dealing with other Users, if any of your representations, warranties or agreements to or with us has been breached, or if you have violated the agreement. You may also terminate this User Agreement at any time. Without attempting to exhaust all of the grounds for cancellation or limiting GLOBALFISH's ability to cancel User with or without cause, we will cancel the User of a User who has violated certain operating principles including, but not limited to, posting false advertisements, providing GLOBALFISH with erroneous User information, and repeatedly not acting in good faith to complete transactions made through the Site. False Postings: The license to participate on the Site will be terminated when it is found that a User is:
- posting Offers to Sell or Counter Offers for products which do not exist or to which they do not have the right to sell;
- posting Requests for Offers for products they do not intend to make payment for, or accept delivery of, or have the facilities to accept;
- posting Bids to Buy or Counter Offers for products they do not intend to make payment for, or accept delivery of, or have the facilities to accept;
- manipulating the price of their item, whether by using a secondary account or third party, or by bidding themselves or by agreeing with other parties to manipulate prices.
Not Following Through With Transactions: User will be cancelled when it is found that a User is consistently not completing transactions. Providing False/Misleading Information: User will be cancelled and the license terminated if it is found that a User has knowingly submitted false and/or misleading information during Subscription or Registration, in the posting of Requests for Offers, Offers to Sell, Bids to Buy, and Counter Offers, or in any other dealings with Users. Cancellation or termination shall not limit any liability that the User may otherwise have to other Users or to GLOBALFISH. In the case of any termination, you acknowledge and agree that the provisions of the Agreement, which shall remain in full force and effect after such termination, except that the license to use the Service shall be terminated and you shall have no further obligation to pay for the use of the Service other than those obligations which accrued upon or before such termination (as determined in accordance with our Subscriptions and Fees). If termination is initiated by GLOBALFISH, you shall not be entitled to any refund of prepaid and unused Site or other trading floor subscription fees.
Intellectual Property and Other Similar Rights of GLOBALFISH and Others
User (defined as any visitor to our Web Site, including Users and those who have not registered for User) acknowledges that the configurations, displays, screens, software, code, algorithms, scripts, inventions, trade secrets, images, graphics, text, and all information appearing on or displayed in connection with or contained by GLOBALFISH on its Web Site - including without limitation GLOBALFISH's domain name, the GLOBALFISH logo, and the mark and trade name GLOBALFISH (collectively, "GLOBALFISH Proprietary Properties") - are by various intellectual property right protections, including domestic and international copyright, trademark, and trade secrecy laws. GLOBALFISH reserves all rights with regard to the GLOBALFISH Proprietary Properties and intends to vigorously defend the GLOBALFISH Proprietary Properties, including seeking injunctive relief, damages, and legal costs. To the maximum extent legally possible, User agrees that it will not directly or indirectly copy or reproduce all or any part of the GLOBALFISH Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the prior written permission from GLOBALFISH; provided, however, that the User may make copies of Web pages in its internal computer system as part of accessing our Web Site and for its own internal use, but may not make copies or otherwise distribute, publish, reproduce, or retransmit any information, or otherwise commercially exploit any information, in transactions with third parties other than on or through the Web Site. User acknowledges that GLOBALFISH and/or third-party content providers remain the owners of the information on this Web Site, and that User does not acquire any of those owner rights by printing or downloading any of the information or making use of the Service. User shall take no action to decompile, reverse-engineer, infringe, or misappropriate any of the GLOBALFISH Proprietary Properties, nor shall User register or attempt to register in its own name anywhere in the world any of the GLOBALFISH Proprietary Properties or elements thereof. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights (the "Other Proprietary Rights").
User acknowledges that it will be providing or be making available information about User as part of the User Profile (as defined in the GLOBALFISH Policies, and governed by the rules of our Privacy Policy). User hereby grants GLOBALFISH a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise any rights you have in the User Profile and otherwise to make use of the User Profile (including publishing, disseminating, broadcasting, or selling such information), in any media now known or not currently known, subject, however, to the limitations set forth in our Privacy Statement. User hereby specifically authorizes GLOBALFISH and its affiliates to use such information in the User Profile and the User Information (as defined below) as a part of the aggregated transaction information that GLOBALFISH publishes at its sole discretion on its Web Site or in any other medium. We will not publish specific transaction information, except to the extent permitted in our Privacy Policy.
The User (including each User) acknowledges and agrees that all other information in any way relating to or derived from the use of the Service (including the terms of Product Offers, Product Requests, Bids to Buy, Offers to Sell, and information relating to other Users ["Other GLOBALFISH Information"]) is, as between such User and GLOBALFISH, owned exclusively by GLOBALFISH as part of the GLOBALFISH Proprietary Properties and is subject to the limitations set forth in the preceding paragraphs and elsewhere in the Agreement. Each User acknowledges and agrees that GLOBALFISH may prepare performance rating information based upon trades by a User and financial and performance capacity and characteristics of a User as provided by the User and provide such performance rating information to other Users so long as no information with respect to any particular transaction is provided. Without limiting any other provision in the Agreement, User agrees that it will not publish, disclose, or disseminate any information relating to a trade between Users, a User Buy and/or Sell Arrangement, or other Users (including their performance rating information regarding trades, and financial and performance capacity and characteristics); provided, however, that to the extent legally required, a User may disclose the obligations that it has assumed in connection with a User Buy and/or Sell Arrangement and the financial results of its transactions, its ratings, and other information relating to it and to the transactions relating to User Buy an/or Sell Arrangements to which it is a party (collectively, "User Information").
Limitation of Liability; and Warranty
USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR
- TITLE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE, WHETHER RELATED TO THE PRODUCTS, OR OTHERWISE;
- INFORMATION, INFORMATIONAL CONTENT, OR COMPLETENESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS OR OTHERWISE;
- THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SERVICE;
- UNINTERRUPTED ACCESS;
- THE PRODUCTS OR ANY INFORMATION RELATING THERETO; OR
- THE ABILITY FOR A USER TO PROVIDE OR DELIVER A PRODUCT OR SERVICE OR TO PAY A USER FOR A PRODUCT OR SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, IN ANY WAY RELATING TO OR ARISING OUT OF THE SERVICE OR THE ATTEMPTED USE THEREOF OR ANY TRANSACTIONS BETWEEN USERS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE (WHETHER OF GLOBALFISH OR OTHERWISE), OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER GLOBALFISH NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR ACTUAL TRANSACTIONS OR INTENDED TRANSACTIONS ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE EVEN IF GLOBALFISH OR SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, USER AGREES THAT IN NO EVENT SHALL GLOBALFISH OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE, AND EACH USER EXCULPATES AND RELEASES SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO USER FOR ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT USER MAY SUFFER (OR ANY OTHER PERSON CLAIMING BY OR THROUGH USER) BY REASON OF, ARISING OUT OF, OR RELATED TO, THE USE OF THE WEB SITE OR THE SERVICE, BY REASON OF ANY TRANSACTION WITH USERS (INCLUDING WITHOUT LIMITATION ANY USER BUY AND/OR SELL ARRANGEMENTS), THE PRODUCTS, AND ANY INFORMATION APPEARING ON OR THROUGH THE SITE, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY, OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM GLOBALFISH'S NEGLIGENCE. NOTWITHSTANDING THE FOREGOING OR ANY OTHER LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT, IF A USER OR USER BECOMES ENTITLED TO ANY RECOVERY, EACH USER AND USER AGREES THAT ITS MAXIMUM RECOVERY SHALL BE LIMITED TO THE AMOUNT OF ANY FEES OR PAYMENTS PAID TO GLOBALFISH BY REASON OF SUCH USER'S OR USER'S USE OF THE SERVICE, WITH RESPECT TO ANY GIVEN TRANSACTION(S) OR USE(S) (OR ATTEMPTED USE[S]) OF THE SERVICE, TO THE EXTENT THAT THE EVENT, ACTION, OR OMISSION GIVING RISE TO LIABILITY CAN BE FAIRLY ATTRIBUTED TO SUCH TRANSACTION(S) OR USE(S) (OR ATTEMPTED USE[S]), OR, $1,000, WHICH EVER AMOUNT IS LESS. USER HERBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
GLOBALFISH provides communication information including email addresses within its content for private email communication between Users. GLOBALFISH does not monitor this communication and, as such, shall be indemnified and held harmless by each User for any direct, indirect, incidental, special, or consequential damages arising out of use of communication information including, but not limited to, email communication or contact information with regard to buying or selling products or services or out of any breach of any warranty of any kind.
In addition, each User indemnifies GLOBALFISH and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any Loss by reason of, in any way relating to, or arising out of
a. User's use of the Web Site or the Service, any violation of any law, rule, or regulation arising by reason of such use;
b. any claim or dispute which may arise from a breach of terms of the Agreement or from any dispute which may arise between Users with respect to the Products (including without limitation any claim arising from or relating to transactions with respect to the purchase and sale of products);
c. any information supplied by or through such User or any transactions to which such User is a party and any misuse of any information by such User;
d. User's violation of the Agreement; and/or
e. the Products, the purchase and sale thereof, the delivery and transportation thereof, and any other action or matter relating to or affecting such Products or the purchase and sale thereof (including, without limitation, the User Buy and/or Sell Arrangements), the Loss suffered by or other harm to any person or property in any way relating to or caused in whole or in part by the Product (including, without limitation, any personal injuries or death of any third person caused in whole or in part by the Products, the use, transportation, delivery, storage, handling or release thereof).
f. any action (including any message, Requests for Offers, Offers to Sell, Bids to Buy, and Counter Offers) that is purportedly taken by you or any person, whether by your negligence, lack of vigilance, or otherwise, gains access to your Password or gains access to your computer systems or transmitting facilities that facilitate the misuse of your Password.
GLOBALFISH may give notice to Users by means of a general notice on the Service, or by electronic mail to User's email address on record at GLOBALFISH, or by written communication sent by first class mail to a User's address on record with GLOBALFISH. You may give notice to GLOBALFISH and such notice shall be deemed given when received by us at any time.
Choice of Law and Jurisdiction
THE AGREEMENT SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC, CANADA, WITHOUT APPLICATION OF ITS CHOICE OF LAW PRINCIPLES.
NOTWITHSTANDING THE ABOVE, GLOBALFISH MAY SEEK AND OBTAIN EQUITABLE RELIEF AGAINST ANY USER FOR THE VIOLATION OF THE AGREEMENT AND EITHER PARTY MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION, WHERE EVER SITUATED FOR ENFORCEMENT OF ANY JUDGMENT AND ENTRY OF WHATEVER ORDERS ARE NECESSARY FOR SUCH ENFORCEMENT.
The headings of the articles, sections, and exhibits of the Agreement are inserted for convenience only, do not constitute a part of the Agreement and shall not affect in any way the meaning or interpretation of the Agreement.
If a court of competent jurisdiction or other authority to be invalid, void, unenforceable, or against public policy holds any term, provision, covenant, or restriction of this Agreement, the remainder of this Agreement shall remain in full force and effect.
Entire Agreement, Amendment, and Assignment
The Agreement, including any exhibits hereto and all incorporated provisions, constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement.
The Agreement may not be modified or amended (except by GLOBALFISH) with respect to its terms and conditions, as provided above and the Agreement, as so amended, shall apply to all uses of the Service by User from and after the effective date of such amendment) except in writing signed by the party against whom the amendment is to be enforced or by, in the case of amendments made by GLOBALFISH, the posting of the amendments (or the Agreement, as so amended) on its Web Site in accordance with the provisions of the Agreement.
User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to the Service, whether through a change in control of User or otherwise) without GLOBALFISH's prior written consent.
The User / Member declares that he has requested that this agreement be drafted in the English language. L'Utilisateur / Membre déclare qu'il a spécifiquement demandé que la présente entente soit rédigée en anglais.
© Copyright 2010 GLOBALFISH.NET All rights reserved.
Last updated October 16 2010.
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