Terms of Service

Last updated on Jan 16, 2023.

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1. Authority

By using the Services, you state that:

• you can form a binding contract with Spotless Fresh;

• you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and

• you understand that Spotless Fresh is protected by relevant trademark and copyright laws. If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

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2. Services

A. Our Services Generally

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Spotless Fresh agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing. Our cleaners use a cleaning list to provide all services.

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B. Cleaning Supplies and Equipment

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We donate friendly supplies and nearly all equipment required for cleaning your apartment, with a few exceptions. Unless specifically stated in writing by Spotless Fresh, we do not provide:

• vacuum;

• conventional mop and bucket;

• step stool;

• toilet brush; or

• Specialty products, including, but not limited to:

  • heavy-duty bathroom cleaner;

  • wood cleaner;

  • bleach; or

  • stainless steel cleaner.

 

But we are happy to use these items if provided by you and left out in clear view for our contract cleaning staff and accompanied by directions on their use.

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In addition, Spotless Fresh requires that you have running water in order to properly perform our Services.

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C. Spotless Clean Guarantee

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“We get it right, or we make it right.” This Section 2(C) explains what we mean by that.

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If you’re not satisfied with your original clean (“Original Clean”), you can request (“Reclean Request”) a free reclean (“Free Reclean”) either by email (info@spotlessfresh.com) or by phone (312-219-2401) as long as the Original Clean was completed within the past 48 hours of the Reclean Request and the Free Reclean is scheduled and completed within 72 hours of the Reclean Request.

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In addition, the following types of appointments or items are not eligible for our Spotless Clean Guarantee:

• items not on our checklists;

• free clean appointments;

• other Free Recleans;

• places not in standard condition (e.g. biohazards, hoarding, etc.);

• post-construction/post-renovation cleans; and

• move-out cleans.

 

There is no limit on how many Free Recleans you can receive over the course of your relationship with Spotless Fresh. With that said, we reserve the right to require additional time and payment for future cleans and/or void our Spotless Clean Guarantee for future cleans if Free Recleans are requested excessively.

Please note that if you receive a Free Reclean, any extra Services you add to that Free Reclean that were not part of the Services included within your Original Clean are not part of our Spotless Clean Guarantee and you will be charged for them.

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D. Safety

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We strive to foster a safe environment for everyone. Our cleaning staff are contracted, background checked and professionally trained. We reserve the right to remove our employees from your home should the environment be/become unsafe.

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That’s where you come in. By using the Services, you agree to assist in fostering a safe environment by:

• identifying fragile items and communicating this to our cleaner or our customer service team prior to the start of your cleaning appointment;

• accounting for and securing all valuables prior to the start of your cleaning appointment;

• notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our cleaners or impede our Services;

• removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.);

• ensuring that all safety measures outlined in our Safety Protocols are adhered to;

• not requiring or requesting the lifting or moving of furniture or heavy items; and

• ensuring construction or renovation work (including touch-ups) has been completed, all contractors have left, and all equipment has been removed – prior to our arrival.
   

In the event that you don’t comply with this Section 2(D), our Spotless Clean Guarantee will be voided, we may direct our staff to leave your location (at the discretion of management), and our Cancellation Policy (which is explained below) will apply.

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E. Residential Cancellation Policy

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We assess a $50 cancellation fee to appointments not canceled by 3 PM CST the day before the appointment unless that clean is a specialty clean. For specialty cleans (including but not limited to post-construction/post-renovation cleans), a cancellation fee amounting to 50% of the price quoted for that specialty clean will be applied to appointments not canceled by 3 PM CST the day before the appointment.

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To be clear, if you have a recurring service, you’ll still need to cancel an appointment before 3 PM CST the day before any particular appointment in order to avoid the cancellation fee, but you may cancel any later future appointments with no additional fee.

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Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate cancellation policy, that cancellation policy (and not this Section 2(E)) will apply to you.

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F. Damages

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Our cleaners will conduct themselves professionally in your home. In the rare event accidental damage occurs, you’ll need to notify our office within 48 hours of when the appointment is completed either by email (info@spotlessfresh.com) or by phone (312-219-2401), provide us with a photo and estimate of the damages, and be available to be contacted. We cannot guarantee reimbursement for damages that do not comply with this paragraph. Further, for potential caulking and grout damages, Spotless Fresh does not assume responsibility for the restoration of severely worn, stained, or mildewed caulking and grout.

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Except in emergencies (e.g., a leaking toilet), you must not undertake the repair or replacement of the damage for which you may seek reimbursement.

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Spotless Fresh reserves the right to contract suitable professionals to repair damages and will make payment arrangements directly with its contractors to settle any damage repair.

 

G. Pricing and Discounts

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Spotless Fresh may change the pricing and discounts of its Services (“Pricing or Discount Change”) in its sole discretion and at any time. Any Pricing or Discount Change will become effective immediately unless stated otherwise.

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Most of the time, Services booked before the time of the Pricing or Discount Change (“Existing Services”) will retain the original pricing as long as no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services, and the price of the Existing Services will be subjected to the Pricing or Discount Change.

In the case that Existing Services are not modified but are nonetheless subject to a Pricing or Discount Change, Spotless Fresh will send an email advising the client of the Pricing or Discount Change. Failure to receive or save an email announcing the Pricing or Discount Change will not invalidate that Pricing or Discount Change.

 

Just so you know, accurate and up-to-date pricing will always be stated in your booking email.

 

Your continued use of the Services after the Pricing or Discount Change comes into effect constitutes your agreement to pay the price modified by the Pricing or Discount Change.

 

H. Refund Policy

 

We do not typically offer refunds.

 

We are committed to meeting our clients’ needs by offering our Spotless Clean Guarantee (Section 2(C)).

Nevertheless, as a customer-friendly organization, we are happy to evaluate refund claims.

 

To file a refund claim, please call us at 312-219-2401 within 48 hours of the completion of the Original Clean, including an explanation of why our Great Clean Guarantee (Section 2(C)) is not a sufficient resolution.

 

Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate refund policy, that refund policy (and not this Section 2(I)) will apply to you.

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3. Solicitation of Our Cleaners and Employment Practices

We invest heavily in training and background screening to find quality cleaners for our Services. Hiring our cleaners (current or those contracted by Spotless Fresh within the previous 24 months) and/or offering/receiving side propositions while you’re using the Services for up to 18 months after your last appointment with Spotless Fresh makes you liable for a $25,000 employment referral fee. By using our Services, you agree to notify us of any attempts to solicit or accept illegal services. If you breach this Section 3, attorney, legal, and miscellaneous expenses incurred to investigate and/or collect, this fee will be added to your employment case when discovered. Please note that exchanging contact information is considered part of a breach of this Section 3.

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Unless they comply with the law, direct, unreported, or inappropriate employment practices are illegal. Spotless Fresh is obligated to report illegal hiring activities. Implication, complicity, or withholding knowledge of illegal activity is not only prosecutable by Spotless Fresh but also generally under United States federal, state, and local laws.

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4. Electronic Services and Licenses

Spotless Fresh grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our desktop and mobile website, Facebook page, and other related electronic services (“Electronic Services”).

 

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

You may not copy, modify, distribute, sell, or lease any part of our Electronic Services, nor may you reverse engineer or attempt to extract the software's source code unless laws prohibit these restrictions or you have our written permission to do so. Without our written consent, you may not use our branding, logos, designs, photographs, videos, or any other materials appearing or used in our Electronic Services.

 

In short: You may not use the Electronic Services or the content on the Electronic Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

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5. Rights You Grant Us

Our Electronic Services may let you post, send, receive, upload, store content, or provide feedback or suggestions (“Content and Feedback”). When you do that, you retain whatever ownership rights in that Content and Feedback you had to begin with, but just know that you’re giving us a license to use that Content and Feedback too, without compensating you.

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6. Privacy and Security

Your privacy matters to us. By reading our Privacy Policy, you can learn how we handle your information when you use our Services. We encourage you to carefully consider the Privacy Policy because, by using our Services, you agree that Spotless Fresh can collect, use, and share your information in a manner consistent with that policy.

 

If you feel that we’re not following our Privacy Policy, you may contact us either by email (info@spotlessfresh.com) or by phone (312-219-2401).

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7. Third-Party Entities

We have not reviewed all content that may link or refer to our Services and are not responsible for the content generated by third-party entities. The inclusion of any reference to Spotless Fresh by third-party entities does not imply endorsement by us. Use of any such content is at your own risk.

 

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Spotless Fresh is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

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8. Modifying the Services and Termination

We may add or remove features, products, or functionalities to our Services or suspend or stop the Services altogether. We may take any of these actions at any time without prior notice.

 

While we hope you remain a lifelong customer, you can terminate the Services at any time and for any reason by canceling all future and current cleaning jobs. Our Cancellation Policy will apply to appointments canceled after 3 PM CST the day before any canceled appointment.

 

Spotless Fresh may also terminate the Services it provides you at any time, for any reason, and without prior notice. That means that we may stop providing you with any Services or impose new or additional limits on your ability to use our Services. For example, we may cancel your scheduled recurring cleaning jobs due to an outstanding balance, prolonged inactivity, or for any reason.

 

Regardless of who terminates the Services, both you and Spotless Fresh continue to be bound by Sections 1, 3, 5, 6, 8, and 10-17 of these Terms.

10. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Spotless Fresh, our affiliates, directors, officers, stockholders, contractors, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of the Services and your breach of these Terms.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, WHILE SPOTLESS FRESH ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PRICING, TERMS, CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

 

SPOTLESS FRESH TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY GREATER THAN REQUIRED BY APPLICABLE LAW.

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12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTLESS FRESH AND OUR MANAGING MEMBERS, SHAREHOLDERS, CONTRACTORS, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) OUR PROVISION OF, FAILURE TO, OR INABILITY TO RENDER, AND YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, THE SERVICES OR (B) THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SPOTLESS FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Dispute Resolution

A. Small Claims Court

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Either you or Spotless Fresh may bring an individual action in small claims court.

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B. Arbitration Generally

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PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SPOTLESS FRESH TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

All claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Spotless Fresh are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

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i. Arbitration Rules

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The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at the AAA website (www.adr.org), or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $25,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $25,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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ii. Additional Rules for Non-appearance Arbitration

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If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

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iii. Arbitration Fees

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If you choose to arbitrate with Spotless Fresh, arbitration fees and arbitrator compensation will be governed by the AAA Rules. If you bring a claim subject to arbitration, are unable to pay all or a portion of your fees, and wish to have all or part of your fees covered by Spotless Fresh, you must present to Spotless Fresh a written statement detailing the amount you would have had to pay as filing fees and initial court costs if you had filed your claim in a court of competent jurisdiction, and subject to Spotless Fresh’s review and approval of the accuracy of such statement, you will only be liable to pay arbitration fees up to the amount set forth in the statement. Spotless Fresh will pay the remainder of the fees and deposits of arbitration. Notwithstanding the foregoing, each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.

 

iv. Authority of the Arbitrator

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The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Spotless Fresh. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Spotless Fresh.

 

v. Opt Out

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You may opt out of this Section 13(B) agreement to arbitration within 60 days of the first day on which you receive Services from Spotless Fresh (“Opt Out Period”). If you do so, neither you nor Spotless Fresh can force the other to arbitrate. To opt out, you must notify Spotless Fresh in writing within the Opt Out Period. Your notice must include your name and address, your Spotless Fresh username and the email address you used to set up your Spotless Fresh account, and an unequivocal statement that you want to opt out of this Section 13(B) agreement to arbitration. You must send your opt-out notice via certified mail to this address: Spotless Fresh, ATTN: Arbitration Opt-out, Atlanta, GA 30348 P.O. Box 105496.

 

vi. Waiver of Jury Trial in Favor of Arbitration

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YOU AND Spotless Fresh WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Spotless Fresh are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Spotless Fresh over whether to vacate or enforce an arbitration award, YOU AND SPOTLESS FRESH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

 

vii. Waiver of Class or Consolidated Actions

 

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13(J).

 

viii. Right to Waive

 

Any rights and limitations set forth in this Section 13(B) may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section 13(B).

 

C. Exclusive Venue

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To the extent that these Terms allow you or Spotless Fresh to initiate litigation in a court, both you and Spotless Fresh agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the State of Illinois.

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14. Choice of Law

The laws of Illinois, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

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15. Severability

If any provision of these Terms is found to be unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.

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16. Additional Terms for Specific Services

We sometimes need to craft additional terms and conditions (“Additional Terms”) for your specific needs (“Specific Services”). The Additional Terms, in addition to these Terms, will also become part of your agreement with us if you use Specific Services. If any part of the Additional Terms conflicts with these Terms, the Additional Terms will prevail.

 

Real estate professionals who are using or referring clients to Spotless Fresh in their professional capacity should contact Spotless Fresh by email (info@spotlessfresh.com) or by phone (312-219-2401) prior to booking for additional terms.

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17. Final Terms; No Third Party Beneficiary, No Waiver; No Assignment; Reservation of Rights

These Terms (together with any Additional Terms) make up the entire agreement between you and Spotless Fresh, and supersede any prior agreements.

 

These Terms do not create or confer any third-party beneficiary rights.

 

If we do not enforce a provision in these Terms, it will not be considered a waiver.

 

You may not transfer any of your rights or obligations under these Terms without our consent.

 

We reserve all rights not expressly granted to you.