The Nerdel Company and Nerdel.com WEBSITE TERMS OF SERVICE AGREEMENT

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  1. Terms and Conditions

    PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE AND USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

  2. This Terms of Service and Use Agreement (”Agreement”) is made by and between The Nerdel Company, LLC, it’s website Nerdel.com, and The Nerdel News (hereinafter “ The Nerdel Company and Nerdel.com”) and you (hereinafter “you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Web Site.

    BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER THE NERDEL COMPANY AND NERDEL.COM SOFTWARE, SERVICES, WEBSITES OR ANY OF THE NERDEL COMPANY AND NERDEL.COM’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. THE NERDEL COMPANY AND NERDEL.COM RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE NERDEL COMPANY AND NERDEL.COM’S SOLE DISCRETION.
    CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SERVICE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE NERDEL COMPANY AND NERDEL.COM WEBSITE.

  3. ACCESS TO THIS SITE To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It
    is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If The Nerdel Company and Nerdel.com believe the
    information you provide is not correct, current, or complete, The Nerdel Company and Nerdel.com have the right to refuse you access to this site or any of its resources, and to
    terminate or suspend your access at any time.
  4. RESTRICTIONS ON USE You may use this site for purposes expressly permitted by this site. As a condition of your use of The Nerdel Company and Nerdel.com’s website(s),
    you warrant to The Nerdel Company and Nerdel.com that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example,
    you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized
    representative of The Nerdel Company and Nerdel.com. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or
    identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content
    accessible within this site. You agree to cooperate with The Nerdel Company and Nerdel.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
    In addition, you may not use The Nerdel Company and Nerdel.com’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally
    made available or provided for through the website(s).
  5. PERSONAL AND NON-COMMERCIAL USE LIMITATION The Nerdel Company and Nerdel.com’s website(s) are for your personal and non-commercial use, unless otherwise specified.
    You may not use this site for any other purpose, including any commercial purpose, without The Nerdel Company and Nerdel.com’s express prior written consent. You may not modify, copy,
    distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or
    otherwise connected to The Nerdel Company and Nerdel.com’s websites.
  6. PROPRIETARY INFORMATION The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by The Nerdel Company
    and Nerdel.com (the “Content”) are the proprietary information of The Nerdel Company and Nerdel.com or the party that provided or licensed the Content to The Nerdel Company
    and Nerdel.com, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted,
    or transmitted in any way without the prior written consent of The Nerdel Company and Nerdel.com, except that you may print out a copy of the Content solely for your personal use. In doing
    so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the
    Content. Modification or use of the Content except as expressly provided in these Terms of Service violates The Nerdel Company and Nerdel.com’s intellectual property rights. Neither
    title nor intellectual property rights are transferred to you by access to this site.
  7. TRADEMARKS AND COPYRIGHTS All trademarks, service marks and trade names of The Nerdel Company used in the site are trademarks or registered trademarks of The Nerdel Company. Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of The Nerdel Company and Nerdel.com or the party that provided the trademarks, services marks, logos, and copyrighted works to The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com and any party that provided trademarks, service marks, logos, and copyrighted works to The Nerdel Company and Nerdel.com retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

    All contents of The Nerdel Company and Nerdel.com’s websites are: Copyright © 2008, 2009, 2010 The Nerdel Company and/or its suppliers, The Nerdel Company, LLC, 1000 West McNab Road, Pompano Beach, FL 33069 All rights reserved.

    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

    1. Copyright

      The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is
      the property of The Nerdel Company. The collective work includes works that are licensed to The Nerdel Company. Copyright © 2008, 2009, 2010 The Nerdel Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Nerdel Company or purchasing The Nerdel Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Nerdel Company or to purchase The Nerdel Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Nerdel Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

  8. HYPER-LINKS In an attempt to provide increased value to our visitors, The Nerdel Company may link to sites operated by third parties. However, even if the third party is
    affiliated with The Nerdel Company, The Nerdel Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Nerdel Company. These linked sites are only for your convenience and therefore you access them at your own risk. This site may be hyper-linked to other sites which are not maintained by, or related to, The Nerdel Company and Nerdel.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com have not reviewed any or all of such sites and are not responsible for the content of those sites. The Nerdel Company and Nerdel.com are not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and The Nerdel Company and Nerdel.com make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. The Nerdel Company and Nerdel.com provide hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by The Nerdel Company and Nerdel.com of that site or any association with its operators. . Nonetheless, The Nerdel Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
  9. USE OF COMMUNICATION SERVICES The Nerdel Company and Nerdel.com’s web site(s) may offer features that enable users or visitors (a) to submit, post, display and/or view
    User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other The Nerdel Company and Nerdel.com users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function, including, but not limited to, electronic greeting cards and send-a-friend e-mails (collectively, “Communications Services”). You agree to use the Communication Services only to post,
    send and receive messages and content that are proper and related to the particular Communication Service.

    Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Nerdel
    Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through
    the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or
    encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use
    the site to solicit others to join or become members of any other commercial online service or other organization.

    Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

    1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property
      laws (or by rights of privacy or publicity);
    2. advocates illegal activity or discusses an intent to commit an illegal act;
    3. is vulgar, obscene, pornographic, or indecent;
    4. does not pertain directly to this site;
    5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
    6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    8. violates any law or may be considered to violate any law;
    9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained
      in a file that is permissibly uploaded;
    11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying
      sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
    12. solicits funds, advertisers or sponsors;
    13. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of
      any computer software or hardware or telecommunications;
    14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people
      to engage in real time activities via this site;
    15. includes MP3 format files;
    16. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
    17. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
    18. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

    The Nerdel Company and Nerdel.com reserve the right to monitor use of this site to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. The Nerdel Company and Nerdel.com reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Nerdel Company and Nerdel.com also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

    Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither The Nerdel Company and Nerdel.com nor any third party that provides Content to The Nerdel Company and Nerdel.com will assume or have any liability for any action or inaction by The Nerdel Company and Nerdel.com or such third party with respect to any submission. The Nerdel Company and Nerdel.com cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. The Nerdel Company and Nerdel.com does not control or endorse the content, messages or information found in any Communication Service and, consequently, The Nerdel Company and Nerdel.com specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized “The Nerdel Company and Nerdel.com” spokespersons, and their views do not necessarily reflect those of The Nerdel Company and Nerdel.com.

  10. PARTICIPATION DISCLAIMER The Nerdel Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in
    any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Nerdel Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However,
    The Nerdel Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
    (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Nerdel Company in its sole discretion.
  11. USER SUBMISSIONS You hereby grant to The Nerdel Company and Nerdel.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use,
    edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, artwork, stories or
    other information of any nature communicated to The Nerdel Company and Nerdel.com through this site (together, the “Submission”), and to incorporate any Submission in other
    works in any form, media, or technology now known or later developed. The Nerdel Company and Nerdel.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The Nerdel Company and Nerdel.com operations.

    The Nerdel Company and Nerdel.com will treat any personal information that you submit through this site in accordance with its Privacy Policy
    http://blog.nerdel.com/legal/privacy-policy/

  12. DISCLAIMER You understand that The Nerdel Company and Nerdel.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of
    viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy
    your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Nerdel Company and Nerdel.com do not assume any responsibility or risk for your use of the Internet.

    The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by The Nerdel Company and Nerdel.com.
    YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE NERDEL COMPANY AND NERDEL.COM DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE NERDEL COMPANY AND NERDEL.COM DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NERDEL COMPANY AND NERDEL.COM DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE NERDEL COMPANY AND NERDEL.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE NERDEL COMPANY AND NERDEL.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THE NERDEL COMPANY AND NERDEL.COM MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

    All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and The Nerdel Company
    and Nerdel.com do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

  13. LIMITATION ON LIABILITY THE NERDEL COMPANY AND NERDEL.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE NERDEL COMPANY AND NERDEL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE NERDEL COMPANY AND NERDEL.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE NERDEL COMPANY AND NERDEL.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
  14. TYPOGRAPHICAL ERRORS In the event that a The Nerdel Company product is mistakenly listed at an incorrect price, The Nerdel Company reserves the right to refuse or cancel any
    orders placed for product listed at the incorrect price. The Nerdel Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit
    card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Nerdel Company shall issue a credit to your credit card account in the amount of
    the incorrect price.
  15. TERMINATION OR RESTRICTION OF ACCESS These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.
    These terms and conditions, or any part of them, may be terminated by The Nerdel Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.The Nerdel Company and Nerdel.com reserve the right, in its sole discretion, to terminate your access to any or all of The Nerdel Company and Nerdel.com’s web sites and the related services or any portion thereof at any time, without notice.
  16. INDEMNITY You agree to and will indemnify, defend, and hold harmless The Nerdel Company and Nerdel.com, its subsidiaries, affiliates, licensors, content providers, service
    providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) (collectively the “Service Providers”), from any breach of these Terms of Service by
    you, including any use of Content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach
    or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. You agree to and will indemnify, defend, and hold harmless The Nerdel Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”)
    from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your
    account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
  17. SECURITY Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). The Nerdel Company and Nerdel.com
    will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that The Nerdel Company and Nerdel.com consider insecure, The Nerdel Company and Nerdel.com will be entitled to require the password to be changed and/or terminate your account.

    You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system
    security, The Nerdel Company and Nerdel.com reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Nerdel
    Company and Nerdel.com reserve the right to investigate suspected violations of these Terms of Service.

    The Nerdel Company and Nerdel.com reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing The Nerdel Company and Nerdel.com to
    disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING
    THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE NERDEL COMPANY AND NERDEL.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE NERDEL COMPANY AND NERDEL.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE NERDEL COMPANY AND NERDEL.COM OR LAW ENFORCEMENT AUTHORITIES.

  18. MISCELLANEOUS These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of
    conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and The Nerdel Company and Nerdel.com arising out of these Terms
    of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these
    Terms of Service will be in the state and federal courts in Hollywood, Florida, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the
    international sale of goods.

    Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Nerdel Company products) must be commenced within one (1) year after
    the claim or cause of action arises. The Nerdel Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be
    construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
    The Nerdel Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

    If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Nerdel Company and Nerdel.com as a result of this agreement or use of The Nerdel Company and Nerdel.com’s websites.

    These Terms of Service constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals,
    whether electronic, oral or written between the user and The Nerdel Company and Nerdel.com with respect to The Nerdel Company and Nerdel.com’s web sites.

    A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to
    the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

    Notice

    The Nerdel Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Nerdel Company.

    THE NERDEL COMPANY AND NERDEL.COM MAY REVISE THESE TERMS OF SERVICE AT ANY TIME BY UPDATING THIS POSTING.