LEGAL
• Terms and Conditions
• Privacy Policy
Last Updated: July 7, 2025
Effective Date: July 7, 2025
Thank you for your interest in Corner Bakery Cafe®! Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations.
1. Introduction and Acceptance
Best Café LLC (d/b/a Corner Bakery Café) and our affiliates (collectively, “we,” “us,” “our,” or “Corner Bakery”) offer you access to and use of any website or mobile application of Corner Bakery including cornerbakerycafe.com, jobs.cornerbakerycafe.com, catering.cornerbakerycafe.com, and any other site, mobile application, or online service where these Terms are posted (collectively, the “Sites”).
The following Terms and Conditions (“Terms”) together with our Privacy Policy and any additional terms, including without limitation the Rewards Terms and Conditions, which may apply to certain products or services constitute a binding agreement between the user (“User” or “you”) and us.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITES. USE OF THE SITES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
2. Intellectual Property
The Sites and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the Sites and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Sites are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Sites. Any rights not expressly granted in these Terms are expressly reserved.
3. Access and Use
(a) We may offer certain portions of the Sites at no charge. In all instances, the Sites are not being sold to you; rather, you are being granted a limited license to use the Sites. In addition, the Sites may not necessarily function across all operating systems and/or different equipment (e.g., mobile devices, computers, etc.).
(b) Third-Party Terms. IN CERTAIN INSTANCES, YOUR USE OF THE SITES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU WITH NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED ON THE SITES. BY USING THE APPLICABLE SERVICES, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.
(c) App Store. Without limiting the foregoing, you acknowledge and agree that the availability of our Sites and related services are dependent on the third-party from whom you received the mobile application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store”). You acknowledge that these Terms are between you and Corner Bakery and not with the App Store. Corner Bakery, not the App Store, is solely responsible for its Sites, including the mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our Sites, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Sites, including the applicable mobile application. You agree to comply with, and your license to use the mobile application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Sites, including the mobile application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and Conditions and will have the right to enforce them.
(d) Payment Processing. We utilize the services of Olo, Paytronix, and other service providers, to process credit card payment transactions and manage routing of customer information through credit card networks. We are not affiliated with such service providers and expressly disclaim responsibility and liability for services provided by the service providers; accordingly, you hereby agree that Corner Bakery shall not be responsible for loss or injury as a result of your use of a third party service provider. Such use to process payments is subject to the terms provided by the applicable service provider, which you agree to when you do any of the following: (1) agree to these Terms and Conditions; (2) register an Account; or (3) make or solicit a payment through our Services. By choosing to use Services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any purchased made pursuant to the Services in accordance with the applicable payment terms, and you authorize us, through the payment processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy.
(e) The Sites are provided for use by you or your organization for personal or non-commercial use only. When using the Sites, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Sites for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print content from the Sites. In such cases, you may do so only in the manner authorized and for your non-commercial use only, and any such use which is made public or otherwise shared in any manner must include direct credit to us. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing content from the Sites and that Corner Bakery reserves the right to discontinue the Sites, in whole or in part, at any time.
(f) Any software that is made available to view and/or download in connection with the Sites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
(g) To the extent that the Sites contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.
(h) Furthermore, except as expressly permitted in these Terms, you may not:
(i) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our the Sites;
(ii) Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or content on the Sites;
(iii) Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Sites or content within for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
(iv) Collect or harvest any personally identifiable information or non-personally identifiable information from the Sites including, without limitation, user names, passwords, or email addresses;
(v) Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) Attempt to or interfere with the proper working of the Sites or impair, overburden, or disable the same;
(vii) Decompile, reverse engineer, or disassemble any portion of our software or other the Sites;
(viii) Use network-monitoring software to determine architecture of or extract usage data from the Sites;
(ix) Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
(x) Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) Engage in any conduct that restricts or inhibits any other user from using or enjoying the Sites.
(i) You agree to fully cooperate with us to investigate any suspected or actual activity that is or may be in breach of these Terms.
(j) You understand and agree that your use of the Sites while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Sites and Service Content.
4. User Registration
(a) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.
(b) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us immediately, if you become aware of any breach of security or unauthorized use of your Account.
5. Promotional Messages
Our Sites and related services may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy. You consent for us and third parties acting on our behalf to contact you by telephone (including calls and text messages to your cell phone), email, and the Corner Bakery mobile application to provide new product and service offers and other messages related to your Corner Bakery Account and use of the services. You understand and acknowledge that our calls and texts may entail using an automatic telephone dialing system, artificial or prerecorded voice messages, or both and that message and data rates may apply. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails). You may opt-out of receiving text/SMS messages from us as set forth in our Privacy Policy, or by texting “STOP” as a reply to any of our messages. We do not guarantee or warrant that you will receive all or any of our messages; and messages may be sent by a third party (the “Administrator”), and we reserve the right to condition use of our message services to your acceptance of applicable Administrator terms and conditions.
6. Indemnification
You agree to indemnify and hold harmless Corner Bakery, our officers, directors, employees, parents, partners, franchisees, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Corner Bakery Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of the Sites; (b) content provided by you or on your behalf; (c) any actual or alleged violation or breach by you of these Terms; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE CORNER BAKERY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (A) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITES; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED OR ACCESSED THROUGH THE SITES; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES; (F) WARRANTIES THAT YOUR USE OF THE SITES WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE SITES WILL BE CORRECTED.
7. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL ANY OF THE CORNER BAKERY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITES OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SITES OR ANY LINKS PLACED IN THE SITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING THE SITES.
(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE CORNER BAKERY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE SITES OR THESE TERMS COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(c) These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.
8. Termination
(a) We reserve the right in our sole discretion and at any time to block your use of the Sites for any reason including, without limitation, if you have failed to comply with the letter or spirit of these Terms. You agree that we are not liable to you or any third party for blocking your use of the Sites.
(b) Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms (which by their nature shall survive the suspension or termination of your access to the Sites or these Terms) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under the “Miscellaneous” section below.
9. Copyright Policy
(a) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(b) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
Best Café Enterprises, LLC
13355 Noel Road Suite 1645Dallas, TX 75240
Attention: General Counsel
(c) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(d) We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
10. Privacy
Please read the Privacy Policy carefully to understand how Corner Bakery collects, uses, and discloses personally identifiable information from Users. By accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.
11. Accounts & Communication
You are solely responsible for maintaining the confidentiality of your Account information (i.e., user ID, password and/or challenge questions). You are also responsible for all activities that occur in connection with your Account, irrespective of whether you personally engage in such activities. You agree to notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
If a User signs up for an Account through the Sites, the User is, by default, opted in to receive communications from Corner Bakery for the purpose of advising you of changes or additions to the Sites, about any of Corner Bakery’s products or services, or for such other purpose(s) as Corner Bakery deems appropriate.
12. User-Submitted Content
The Sites may provide an opportunity for you to submit your own content, including but not limited to comments, photos, videos and other content you submit to these Sites or Corner Bakery Café social media accounts (such as Facebook, X (formally known as Twitter), Instagram, TikTok, Pinterest, YouTube, LinkedIn, etc.) (“User Content”). All of your communications with Corner Bakery through personal accounts or otherwise, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs, and videos) are User Content. Corner Bakery does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Corner Bakery liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
In order to submit User Content or to place an order, you may be required to create an Account and provide us with certain personal information, such as your name, email address, telephone number, home/business address, credit card information, and the like. Other means of communication do not require that you create an Account. To the extent that you disclose personal information, our use of that information will be governed by our Privacy Policy, which is incorporated into these Terms by reference.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Corner Bakery that you grant herein. By submitting User Content to the Sites or the Corner Bakery Cafe social media pages, you grant Corner Bakery a perpetual, non-exclusive license to use, reproduce, distribute, display, modify, create derivative works of, and sublicense the User Content in any way, including but not limited to reposting that User Content on the Sites. This license extends to your name and your Sites username and profile information (if applicable). By posting User Content, you hereby release Corner Bakery and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Corner Bakery has the right, but not the obligation, to review, refuse to display, or remove any User Content for any reason, at Corner Bakery’s sole discretion. The absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although Corner Bakery has no obligation to screen, edit, or monitor any of the User Content posted on the Sites, Corner Bakery reserves the right, and has absolute discretion, to remove, screen, or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
13. Choice of Law; Jurisdiction; and Venue
These Terms shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with the Sites or these Terms shall be subject to mandatory arbitration as set forth below and, if arbitration does not apply, brought exclusively in the state or federal courts of Texas. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. Dispute Resolution & Mandatory Arbitration
(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at 13355 Noel Road, Suite 1645, Dallas, TX 75240. We will contact you based on the contact information you have provided us.
(b) If, after 30 days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.
(c) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Rules of Arbitration and procedures in effect when the claim is filed applying Texas law. The rules and procedures and other information, including information on fees, may be obtained from the AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by the AAA.
(d) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(e) Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
15. No Class Actions
TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17. Amendment; Additional Terms
(a) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Sites or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Sites generally, unique aspects of our Sites, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
(b) Modifications to these Terms or Additional Terms will be effective immediately upon posting online to the Sites. It is your responsibility to review the Terms from time to time for any changes or Additional Terms. Your access and use of the Sites following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms or to any Additional Terms, immediately discontinue use of the Sites.
18. Miscellaneous
(a) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(b) Except where specifically stated otherwise, if any part of these Terms is unlawful or unenforceable for any reason, we both agree that only that part of the Terms shall be stricken and that the remaining terms in the Terms shall not be affected. So, for example, if a provision in these Terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms shall remain in full force and effect.
(c) Where we have provided you with a translation of the English language version of these Terms, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English language version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
(d) These Terms (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
(e) You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms or any rights hereunder without your consent and without notice.
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