a. Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or modify this Agreement, the updated Agreement will be posted at http://legal.M25 Group.com/community-tou. The revised Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. Therefore, we encourage you to review this Agreement periodically. If you disagree with a modification to this Agreement, you should not use the M25 Group Community.
b. Applicable Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Boston, Massachusetts.
c. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; the act of God; electrical, internet, or telecommunication outage that the obligated party does not cause; government restrictions; or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
d. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
e. Compliance with Applicable Laws. The English courts will have exclusive jurisdiction over any claim arising from or related to, a visit to the Community. However, we retain the right to bring proceedings against you to breach these conditions in your country of residence or any other relevant country. These Rules and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed under the law of England and Wales. If any provision (or part of any provision) of these Rules is deemed unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Rules shall not be affected.
f. Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.
g. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect.
h. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.
To M25 Group, Inc.: Unit 6, Metro Trading Centre, Third Way, Wembley, HA9 0YJ, Attention: General Counsel
To you: your address is provided in our account information for you. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. In addition, we may provide notice to you by telephone calls to the telephone numbers on the form in our account information for you.
i. Entire Agreement. This Agreement is the entire agreement between us for M25 Group Community and supersedes all other proposals and understandings between us, whether electronic, oral or written. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. The English version of this Agreement will govern our relationship if we do, and the translated version is provided for convenience only. It will not be interpreted to modify the English version of this Agreement.
j. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or because of this Agreement.
k. Community Guidelines. We may change the Community Guidelines from time to time by updating our website.
l. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses concerning us, the M25 Group products and services, our trademarks, or any other property or right of ours.
m. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable per its terms.
n. Survival. The following sections shall survive the expiration or termination of this Agreement: ‘M25 Group’s Proprietary Rights’, ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.