Terms of Use

I. INTRODUCTION

This document (hereinafter referred as "Terms of Use" or "Terms") is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. These terms of Use is published by OnEMI Technology Solutions Private Limited (hereinafter referred to as the "Company"). The Company is incorporated under the provisions of the Companies Act, 2013, and has its registered office at 10th Floor, Office Unit no 2, 3 and 4 Tower 4, Equinox Business Park, LBS Marg, Kurla West, Mumbai, Maharashtra, 400070, India.

THE FOLLOWING TERMS AND CONDITIONS WILL BE DEEMED TO HAVE BEEN ACCEPTED BY YOU ON MERE VISITATION AND/ OR USAGE OF THE SERVICES OF THIS WEBSITE. YOU ARE REQUESTED TO READ THEM CAREFULLY BEFORE YOU VISIT/ USE THE SERVICES OF THIS WEBSITE. BY ACCESSING THE WEBSITES, SOFTWARE APPLICATIONS OR MOBILE APPLICATIONS INCLUDING THE APPLICATION OR PLATFORM(S) OF ANY OF OUR PARTNERS ("PLATFORMS") OR USING THE SERVICES PROVIDED BY THE COMPANY IN ANY MANNER WHATSOEVER YOU AGREE TO BE BOUND BY THE: (1) THE TERMS OF USE AND (2) THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THE WEBSITE OR USE THE COMPANY SERVICES.

II. DEFINITIONS

1. The term "User", "Client" or "You" (or any variant of the said pronoun) shall refer to the User who is browsing or using the services of this Website
2. The term "Company", "We", "Us", or "Our" shall refer to the concerned company OnEMI Technology Solutions Private Limited" and/ or its affiliates and subsidiary companies.
3. The term "Site" or "Website" refers to http://www.conexo.in and other websites, web applications, if any, owned, monitored by, or associated with the Company and includes the software, Materials, text, images, graphics, video and audio and applications on such Site.
4. The terms "Content", "Technology" and "Material" shall have the same meaning, as defined under Clause 3 of the Terms of Use.
5. The term "Product" or "Services" refers to lead generation services provided through the Website and directed to financial institutions offering a range of loan products to customers provided by Company to the User.
6. The term "Personal Information" and "Information" provided by the User shall include any personal information or data, sensitive personal data, or any other information so provided by the User to the Company, in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data) Rules, 2011, or such other rules and regulations as framed by the Reserve Bank of India in this regard.

III. DESCRIPTION OF SERVICES

1. The Platform serves as a comprehensive financial services marketplace, connecting customers with financial institutions, offering a wide range of financial products, including but not limited to personal loans, business loans, home loans, education loans, credit cards and insurance.
2. By using the Website, the User agrees to follow and be bound by the terms and conditions concerning the use of the Website. Users are responsible for obtaining access to the Website and that access may involve third-party fees (such as Internet service provider). In addition, You must provide and are responsible for all equipment necessary to access the Website. By making use of this Website, and furnishing Your personal / contact details, You hereby agree that You are interested in availing and purchasing the Service(s) that You have selected. You agree that You are fully responsible for the content You submit. You hereby agree that Company may contact You either electronically or through phone, to understand Your interest in the selected products and Service(s) (like renewals, reminders etc.), product announcements and to fulfill Your demand. You also agree that Company reserves the right to make Your details available to its affiliates and partners and You may be contacted by the affiliates and partners for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Company through email or SMS. The Company may revise the Terms of Use at any time without notice to the User. Areas of this Website may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Website, the latter shall have precedence with respect to the use of that area of the Website.
3. The Company reserves its right to terminate/suspend a User's access at any time if the activities with respect to the same are found to be in non-compliance of the Terms of Use (or terms of use of a specific area of this Website), privacy policy or the applicable laws. The provisions regarding a disclaimer of warranty, accuracy of information and indemnification shall survive such termination. The Company may monitor the User's access to the Website, in accordance with the applicable laws and the Company's Privacy Policy and Terms and Conditions of the Website.
4. The User agrees and understands that the Company is not liable in any manner whatsoever, in relation to any information or quotation presented to the User through the Website by third parties and service providers. Further, the user agrees and understands that the Products and Services as shown on the Website are offered and provided by third parties and not the Company itself, and that the Company as such has no control over them.
5. In light of the same, the Company shall not be held liable in any manner whatsoever due to any loss or damages that the User may incur while purchasing such Products or availing such Services. The Company strongly advises the User to satisfy himself / herself before purchasing any Product or availing any Services offered on the Website.
6. The User understands that the Products displayed on the Platform are examples of Products currently available and does not constitute advise or a recommendation to purchase a particular credit card or loan product. The Company receive fees from certain lenders/credit card issuers or agents/distributors/brokers who advertise on or are linked to the Website. The Company retains the fees and does not charge the User for the Services offered via the Website. The Company advises the User to be aware that it is very important that before he / she applies for a loan or a credit card product, he / she carefully reads the terms on the application form which will include details of the interest rates applicable and any early prepayment charges and other charges if relevant.
7. The User hereby give consent to fetch your Credit Information Report from Equifax and Other Bureaus, based on the personal information you have provided, for the purpose of processing your application.

IV. ELIGIBILITY AND RESTRICTION ON USE OF SERVICES

1. ELIGIBILITY

In consideration of Your use of the Website and registering with Us, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of India or other applicable jurisdiction and will only use the Website to make legitimate purchases or availing of Services offered by the Company for You or for another person for whom You are legally authorized to act (and will inform such other persons about the Terms of Use and/or Privacy Policy of the Company) that apply to the purchase You have made on their behalf (including all rules and restrictions applicable thereto). Users may not have more than one active account. Additionally, Users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If You do not qualify, You may not use the Service or the Website.

2. PROVISION OF INFORMATION

You also agree to provide true, accurate, current and complete information about Yourself as prompted by the Website. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof). Your Information shall be governed by the Company's Privacy Policy.

3. PASSWORDS

If You use the Website, You are responsible for maintaining the confidentiality of Your account and password, and for restricting access to Your electronic device. You agree to accept responsibility for all activities that occur under Your account or password. Because of this, we strongly recommend that You exit from Your account at the end of each session. You agree to notify Company immediately of any unauthorized use of Your account or any other breach of security. Company reserves the right to refuse Service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms of Use or Privacy Policy.

4. PROHIBITED USE

You agree that, when using the Platform, You shall not, and shall not permit any third party to:

1. a. Create or use an account in the name of another person or entity, or otherwise misrepresent your identity or affiliation; or
2. b. Use another User's credentials, profile picture, or other identifying information without their express permission; or
3. c. Disrupt, degrade, overload or damage the Platform or its associated networks, servers or infrastructure (including through denial-of-service attacks, malware injection, or other means); or
4. d. Circumvent, disable or otherwise interfere with any security feature, authentication mechanism or rate-limiting control of the Platform; or
5. e. Reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code, APIs or underlying algorithms of the Platform; or
6. f. Use bots, spiders, scrapers or other automated means to access, extract, copy or monitor any portion of the Platform without Our prior written consent; or
7. g. Invoke undocumented or unsupported API endpoints or exceed any published usage limits; or
8. h. Post or transmit any content that is false, misleading, defamatory, libelous, obscene, harassing, hateful, threatening or otherwise objectionable; or
9. i. Upload, post or otherwise make available any content that You do not have the right to distribute (including copyrighted materials or trade secrets) or that infringes any third-party intellectual property, privacy or publicity rights; or
10. j. Use the Platform to facilitate, promote or engage in any activity that is unlawful or violates any applicable law, regulation or governmental policy (including anti-bribery, anti-corruption, anti-money laundering and export-control laws); or
11. k. Offer or accept any financial or other benefit in exchange for writing endorsements, reviews or recommendations; or
12. l. Conduct any marketing, advertising or solicitation that does not comply with the Platform's advertising policies or applicable legal requirements.

V. OWNERSHIP AND RESTRICTION ON USE OF MATERIALS

1. The Website contains, inter alia, information, applications, content or advertisements, texts, photographs, designs, graphics, images, sound and video recordings, animation and other Materials and effects (Hereinafter collectively, referred to as the "Content") that are protected by applicable intellectual and proprietary rights owned by the Company, its affiliated companies, holding companies and subsidiary companies or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, the Company retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including, inter alia, any enhancements, software, applications and improvements related to the Website (the "Technology") (the terms "Content" and "Technology" collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice without the express written permission of the Company.
2. Unless expressly provided otherwise by the Company, all comments, feedback, information or Materials submitted to the Company through or in association with this Website shall be considered to be the concerned Company's property. By submitting such comments, feedback, information or Materials to the Company, the visitor of the Website agrees to a no-charge assignment to the concerned Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or Materials. The Company shall be free to use, copy, publish or distribute such comments, feedback, information or Materials on an unrestricted basis without any accountability or responsibility for the same to the visitor / User of the Website.
3. Permission to use information/ Materials on this Website. Permission is hereby granted to electronically copy and to print in hard copy, limited portions of the Materials published by the Company in this Website for the sole purpose of using Material/information contained therein for personal information and non-commercial use only. Except in connection with personal information and non-commercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, adopted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of the Company. Any other use of Materials/ information on the Website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited and may violate copyright or trademark laws, as applicable.
4. The User shall not, either directly or indirectly:
   • Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of the Company;
   • Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
   • Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
   • Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or Users;
   • Reformat or frame any portion of the Website or Materials;
   • Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
   • Take any action that imposes, or may impose in its sole discretion an unreasonable or disproportionately large load on its infrastructure;
   • Attempt to gain unauthorized access to other computer systems;
   • Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.

VI. REPRESENTATIONS

1. You represent that You are above 18 (eighteen) years of age, of sound mind and resident Indian citizen and are competent to execute these Terms and are entering into these terms without any pressure or coercion;
2. You are a tax resident of India;
3. These Terms are a legal, valid and binding obligation on You, enforceable against You;
4. If You choose to access the Platform from locations other than India, You shall do so at Your own risk, and You would be solely liable and responsible for compliance with applicable local laws and regulations of such location/territory. We accept no liability whatsoever, direct, or indirect or consequential, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through the internet by You in a country other than India will not be interpreted to imply that the laws of the said country govern the terms of these Terms and/or use of the Platform;
5. You hereby represent that You are not a Politically Exposed Person resident outside India as provided in the Reserve Bank of India's ("RBI") Master Direction -- Know Your Customer ("KYC") Direction, 2016 and/or in contravention of other Anti- Money Laundering ("AML") standards/Combating Financing of Terrorism ("CFT") as may be prescribed under applicable laws, or in contravention of the obligation of banks and financial institutions under Prevention of Money Laundering Act, 2002 ("Politically Exposed Person") from time to time, and You are otherwise in compliance with the provisions of the Prevention of Money Laundering Act, 2002 and the RBI Master Direction -- KYC Direction, 2016 in all respects;
6. The information and data contained in this Platform does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than India;
7. You confirm that You are authorised and not restricted by any legal/regulatory/judicial/quasi-judicial/other authority, to access the Platform and avail of the facilities offered thereon, including to execute transactions. You agree to use the Services only for purposes that are permitted by: (i) these Terms; and (ii) any applicable law;
8. The information provided by You is correct, true and accurate;
9. You acknowledge and agree that the Company is entitled to remove any / all the information on the Platform that is in contravention of (i) the provisions of these Terms; or (ii) applicable law; and
10. You understand that the Company does not provide any warranties for its Services and shall not be made liable for any claims made by You or any third party. In this regard, You undertake to accept and be solely liable for the Services availed by You from the Company. You further undertake to indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents and representatives against all damages suffered or losses incurred by the Company arising due to any act, omission or claim initiated by You or any third party in relation to the Services availed by You or in case of breach of these Terms or any warranty by You.
11. If and when the need arises the User agrees and understands that he / she is solely responsible for maintaining the confidentiality of his / her password which, together with the Login ID (as may be applicable in accordance with the service selected), allows him / her to access the Service. The login ID and password, together with any mobile number or other contact information that may have been provided, form the registration information ("Registration Information"). The User further agrees that he / she is solely responsible for maintaining the confidentiality of his / her Login ID and password, and for restricting / monitoring access to his / her computer. The User further agrees to accept responsibility for all activities that occur through his / her account or password. The Company strongly recommends that the User exits/ logs out from his / her account at the end of each session. You agree to notify the Company immediately of any unauthorized use of Your account or any other breach of security. You further agree that the Company shall not be liable for any unauthorized use or access unless it is proved that the unauthorized use or access occurred solely due to reasons directly and substantially attributable to the Company.
12. You shall provide true, accurate, current and complete information about Yourself and undertake to inform/update the Company of any change in Your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by or through the Company. You agree not to misrepresent Your identity nor will You attempt any unlawful access to the Website or use of the Services of the Company. Additional terms and conditions will apply to Your purchase of Services that You select.

VII. THIRD PARTY LINKS/OFFERS

This Website may provide links to other Websites or resources. Since the Company has no control over such third-party Websites and resources, You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third -party link or Website accessed through our Website is entirely at Your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties. Further, it is reiterated that the advertisements displayed on the Website are delivered by third parties and are beyond the reasonable control of the Company. The User agrees and understands that his / her details may be shared with the advertiser that he / she chooses on the Website, and the Company shall not be held responsible in any manner whatsoever for any loss or damage whatsoever, that he / she incurs as a result of any conduct of such third-party advertisers. The Company strongly advises the User to conduct proper background checks before engaging the Services as advertised on the Website, and should refrain from doing so in the event of any doubt. For the removal of doubts, the Company disclaims any liability without exception, arising out of the transaction between the User and any advertiser, which may have taken place as a result of the advisement displayed on the Website.

VIII. DATA PROTECTION

The Company has in place, reasonable measures to protect and safeguard the information provided by the User on its interface in accordance with the Information Technology Act, 2000 and its allied Rules and Regulations. Our privacy policy can be accessed through the link provided below:

IX. GOVERNING LAW AND JURISDICTION

The terms of use shall be governed by and construed in accordance with the laws of India. In the event of any dispute or controversy arising out of this, each Party shall attempt to resolve such dispute amicably through negotiations within 15-30 days from the date of written notice by one Party to the other. If the dispute remains unresolved after the expiry of the said period, the Parties agree to submit such dispute to the sole and exclusive jurisdiction of the courts of Mumbai.

The User agrees and understands that the any dispute in relation to transaction entered into by the User in respect of any Products or Services displayed on the Website, but not offered per se by the Website shall be liable to be settled between the User and such third party offering the Products or Services, as the case may be.

X. GRIEVANCE REDRESSAL OFFICER

In accordance with the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below.

XI. DISCLAIMER OF WARRANTY AND LIABILITY

THE DOCUMENTS, GRAPHICS, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TECHNICAL OR TYPOGRAPHICAL ERRORS, INCLUDING PRICING ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES HEREIN AT ANY TIME. THE COMPANY DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVICES OR ANY EMAIL SENT FROM COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE OR ASSOCIATED SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NO INFRINGEMENT. THE SERVICE PROVIDERS PROVIDING SERVICES ON THIS WEBSITE ARE INDEPENDENT AFFILIATES AND COMPANY ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFORE. COMPANY AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE OMISSIONS DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY AND/OR ITS AFFILIATES THEIR RESPECTIVE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XII. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that the Company may incur as a result of or arising from Your (or anyone using the Website on Your behalf) violation or breach of any representation or obligation under the Website.

The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with the Company’s

XIII. AMENDMENT OF TERMS OF USE

Please note that these Terms of Use may change from time to time. The Company will not reduce Your rights under this Policy without Your explicit consent. Regardless, the Company will post any changes on this page and, if the changes are significant, the Company will provide a more prominent notice. Each version of this Terms of Use will be identified at the top of the page by its effective date.

XIV. MISCELLANEOUS

1. The Company reserves the right to investigate complaints or reported violations of the Website Terms and to take any action the Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e- mail addresses, usage history, posted Materials, IP addresses and traffic information.
2. The Company reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular internet address to any of the Company’s Website(s). These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, including but not limited to Your request that the Company may contact You about its Services, and/or Your participation in Website’s programs and/or Services.
3. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, You agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
4. The Company shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by the Company. No delay or omission on the part of the Company in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
5. The Terms constitute the entire agreement and understanding between You and the Company, except as the Company may later modify the Website Terms. The Website Terms supersedes all prior agreements and understandings, oral or written, relating to the subject matter contained herein. Please do not use the information on the Company’s Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.