FIGO Pet Insurance, LLC
Last Modified: September 2018
By using Figo sites or services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our sites or services. Please read these Terms carefully and make sure that you understand them. These Terms are in addition to any other agreements between you and Figo.
We may modify or update these Terms from time to time. If we believe that the changes are material, we will let you know by doing one or more of the following: (1) posting the changes on our sites and our app or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using our sites or services. Changes will be effective upon the posting of the changes or at such later time as may be specified in the updated Terms. You are responsible for reviewing and becoming familiar with any changes. Your use of our sites or services following the changes constitutes your acceptance of the updated Terms. Please check these Terms regularly.
Figo sites or services are offered and available to users who are 18 years of age or older and who reside in the United States. By using Figo sites or services, you represent and warrant that you are of legal age to form a binding contract with Figo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use FIGO sites or services. We reserve the right to change the eligibility requirements based upon product approvals and other regulatory considerations.
1. Information About Our Company
Figo Pet Insurance, LLC
540 N. Dearborn
Box No. 10873
Chicago, Illinois 60610
To contact us, please email support@FigoPetInsurance.com or at the address listed above.
2. Availability of Insurance Products in Your Jurisdiction
Figo makes no representation that all insurance products and services on Figo sites or services are appropriate or available for use in your jurisdiction. Some insurance products and services may not be available in all jurisdictions. If you choose to access Figo sites or services, you do so at your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. The information contained on our sites is not an offer to sell or solicitation to buy any insurance product or service.
3. Insurance Quotes and Coverage
All quotes for insurance products provided to you on our sites are estimates based upon the information you provided and are not a binding agreement to extend insurance coverage. You represent and warrant that any application submitted by you is, to the best of your knowledge, true, correct and complete. Any coverage descriptions provided on our sites are general descriptions of available coverages and are not a statement of contract. To obtain coverage, you must submit an application to Figo. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state. For additional information, please contact us at support@FigoPetInsurance.com or call us at 844-738-3446.
4. Reliance on Certain Posted Information
The information presented on or through Figo sites or services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our sites, or by anyone who may be informed of any of its contents. Coverage under any pet insurance policy is expressly subject to the conditions, restrictions, limitations, exclusions and terms of the policy documentation issued by the insurer.
Our sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5. Limited License, Restricted Sites and Passwords
You do not need to register with us to visit our site and access certain information. However, you will need to create an account in order to access certain password-protected areas of our site and some of our sites or services (“your Account”). You hereby represent and warrant that the information you provide to us is truthful, accurate and current.
Subject to these Terms and our policies (including policies made available to you within our sites or services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our sites and services, provided that: (a) you will not copy, distribute or modify any part of the our sites or services without our prior written authorization; (b) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (c) you will not transmit any content that contains software viruses, or other harmful computer code, files or programs; (d) you will not disrupt servers or networks connected to our sites or services; and (e) you comply with these Terms.
You must create a password for your Account. Responsibility for the confidentiality of your password rests solely with you, as well as for any use of the site or any of our sites or services made using your login information and password. This password should be used only by you, should not be shared with anyone else, and may be changed by us for any reason at any time upon notice to you.
In order to participate in the Figo Pet Cloud, we will ask you to create a profile in your Account containing information about you and your pet(s). Your profile will contain your name, email address and zip code as well as certain information as to your pet(s) including name, breed, age and sex. You have the option of adopting certain privacy options through our settings section. Our insurance customers are automatically enrolled in the Figo Pet Cloud. If you are an insurance customer and wish to opt out of the Figo Pet Cloud or limit the information provided in your profile, you may do so by adjusting your settings in our sites and services.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the our sites or services, including any credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You may not use our sites or services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations, including federal, state, local and provincial laws, applicable to your use of our sites or services.
You are responsible for maintaining the security of your information technology systems and computers. You should exercise the necessary steps to ensure that unauthorized individuals do not access your accounts or other components of our sites, as well as your log files or any other information which is proprietary or private to you. Do not share your password with anyone. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Figo will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact us. We are not responsible for passwords that are not secure or that are shared. Figo encourages you to change your password regularly.
6. Images, Content and General Conditions about Social Networking
Content and Images that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade secret information of any individual or entity, or that may violate the legal right of any person or entity in any jurisdiction or locale will not be accepted by Figo and should not be posted by you. You may not submit materials that are or purport to be the personally identifiable information about others, such as names, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.
You retain all of your ownership rights in the original aspects of your Images and Content. Figo does not claim ownership of any Images or Content that you post on or through our sites and services. Instead, you grant to Figo a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat your Content and Images as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising or marketing.
We are not, and shall not be, under any obligation to maintain any Content or Images in confidence, to pay compensation for any Content or Images, or to respond to any Content or Images. Information submitted directly as a component of your insurance application will be used solely for that purpose. If you submit Content or Images outside of the application, e.g. in establishing your profile and accessing other features of our sites and services, you are also granting to Figo the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses your Content or Images in an unauthorized way or through unauthorized reproduction of any such Content or Images.
Content or Images used, displayed or propagated by us or others licensed by us to use your Content or Images may be attributed to you unless you have expressly requested anonymity via exercising the options contained in our settings page. We reserve the right to select among the Content and Images for the most appropriate material to be used, subject to our sole discretion and judgment. Figo otherwise reserves the right to remove Content and Images from our sites pursuant to our discretion and judgment, but maintains no obligation to do so.
We take no responsibility and assume no liability for any Content or Images posted by you or any third party. Content or Images removed from our sites or services may continue to be stored by Figo, including in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Figo is not a backup service and you agree that you will not rely on Figo for the purposes of Content or Images backup or storage. Figo encourages you to maintain your own backup of your Content and Images. Figo will not be liable to you for any modification, suspension, or discontinuation of our sites or services, or the loss of any Content or Images. You also acknowledge that the internet may be subject to breaches of security and that the submission of Content, Images, or other information may not be secure.
We reserve the right to modify or terminate your access to our sites or services for any reason, without notice, at any time, and without liability to you. If we terminate your access or you deactivate your Account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your Account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within our sites or services (e.g., if your Images has been shared by others).
We reserve the right to refuse access to our sites or services to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Images or Content or Accounts containing Images or Content that we determine in our sole discretion violates these Terms.
Some of our sites and services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Figo may place such advertising and promotions on the sites and services or on, about, or in conjunction with your Content and Images. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
7. Intellectual Property, Trademarks and Copyrights
Figo sites or services and their entire contents, features, and functionality including, all information, software, text, displays, photographs, images, video and audio, and the design, selection and arrangement thereof, are owned by Figo, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You will not challenge the ownership or rights in the content on Figo sites or services or any component thereof.
You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display, and navigate our sites solely for your personal, non-public and non-commercial use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our material, except for your personal, non-commercial use. You shall not access or use for any commercial purposes any part of Figo sites or services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Figo sites or services in breach of these Terms, your right to use Figo sites or services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our sites or any content on our sites is transferred to you, and all rights not expressly granted are reserved by Figo. Any use of our sites not expressly permitted by these is a breach of these Terms and may violate copyright, trademark, and other laws.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on Figo sites or services are the property of Figo, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including use on other materials, in presentations, as domain names, or as metatags, without our written permission.
Except as expressly provided above, no Images or Content or any portion of Figo sites or services, Content or any copyright, trademark, trade name, service mark or any other proprietary information of Figo (collectively, the “Intellectual Property”) displayed on Figo sites or services or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Figo. Use of any Figo trademarks as metatags on any third-party site is strictly prohibited. You may not co-brand our site or display our site in frames (or any of the Content via in-line links) without prior written permission from Figo; “co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Figo in such a manner reasonably likely to give a third party the impression that you or the third party has the right to display, publish or distribute our sites or any Content. You agree to cooperate with Figo in causing any unauthorized co-branding, framing or linking to immediately cease. You may not remove, modify or alter any copyright, trademark or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title or interest in our Intellectual Property.
Certain software code incorporated into or distributed with our sites and services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
Please note the following requirement by one of our third party providers:
Copyright (c) 2016 UNA, Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
8. Linked Accounts
You may link to our sites, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You may use the non-insurance features on our sites solely as they are provided by us, and solely with respect to the content they are displayed with. You may not link to our site with the intent to reference the insurance products without our prior knowledge or consent. Use of Figo insurance quoting tool or “Get A Quote” landing page(s) for commercial use or to create product quote comparison is prohibited with prior express written consent.
You are prohibited from displaying the Markel Corporation logo or making reference to any affiliated insurance companies or services.
We may disable all or any features on our sites and any links at any time without notice, in our sole discretion.
Figo may, now or in the future, allow you to link your account(s) on our sites or services to your accounts on third party services, such as social networking sites (“Linked Accounts”). If you link your Account on our sites or services to a Linked Account, you are authorizing us to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with our sites or services with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of our sites or services out to your Linked Accounts. Linking, accessing or using a third party service through our sites or services in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
In addition, we may request permission to share your Images on Linked Accounts. For example, you may receive a notice from us such as “We love your photo! We would like to feature it on the Figo social channels and materials! Reply #YesFigoPets to agree.”
If you reply #YesFigoPets, you are granting us and our affiliates, agents, representatives, successors and assigns a nonexclusive, royalty free, fully paid, perpetual, worldwide, irrevocable, transferable license, in addition to the license above, to reproduce, display, perform, distribute, create derivative works from, combine with other materials, alter, edit and otherwise use such Images in connection with the Linked Accounts and in any manner we determine, with no obligation to you whatsoever, including use in our emails, catalogs and social media.
You agree to indemnify, defend and hold harmless Figo and its affiliates from and against any claims, demands, liabilities, losses, damages or expenses (including reasonable attorneys’ fees) related in any way to the use of your Content.
You understand that we may refuse to accept or transmit your Content or Images for any reason and may remove your Content, Images or Personal Information from our sites or services for any reason. Use of any of your Content or Images does not imply our endorsement of or any affiliation with you. Figo and its affiliates shall not be responsible for any other parties' use of your Content or Images, even if such third party use originated with or is derived from our use.
Figo reserves the right to amend or alter these Terms without advance notice by posting revised Terms. Accordingly, you should review the Terms each time you grant permission or authorization to feature your Content.
9. Disclaimer of Warranties
ALL INFORMATION AND OTHER MATERIALS PRESENT OR ACCESSIBLE ON OR THORUGH FIGO’S SITE OR SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
FIGO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SITES OR SERVICES, ANY CONTENT, IMAGES OR CONTENT SUPPLIED BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIGO DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF FIGO SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FIGO SITES OR SERVICES, ITS SERVERS OR ANY E-MAIL SENT FROM FIGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE ABOVE, FIGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH OUR SITE IS LINKED (“LINKED WEB SITE”). FIGO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. FIGO HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE AND MAY CHANGE OR IMPROVE OUR SITE AT ANY TIME WITHOUT NOTICE.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH OUR SITES OR SERVICES BY ANY PARTY OTHER THAN US.
10. Limitation of Liabilities
IN NO EVENT WILL FIGO, ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF OUR SITE OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF $100 AND THE AMOUNT PAID BY YOU TO FIGO FOR FIGO’S PRODUCTS OR SERVICES DURING THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE CAUSE OF ACTION AT ISSUE.
THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.
11. Electronic Transmission and Signatures
In order to access and use our sites or services, you agree to receive information related to such products and services delivered to you electronically. Such information may include quotes, policies and plans, updates, notifications, requested information, transaction receipts, documents requiring your signature, or any other documents (“Communications”). Your consent does not mean that Figo must provide the Communications electronically; Figo may, at its option, provide the Communications through non-electronic means in its sole discretion.
You are responsible for informing Figo if you have changed your personal information, including your name, telephone number, mailing address, e-mail address, or other personal information. You may update your personal information through our sites or by contacting us at support@FigoPetInsurance.com or by calling 844-738-3446.
If you wish to withdraw your consent to receive information electronically, you must notify us by contacting us at support@FigoPetInsurance.com or by calling 844-738-3446.
As part of some Figo products or services, you may be given the option to sign certain Communications electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by these Terms in such Communication just as if you had signed your name to a paper document.
12. Payments and Refunds
You can only pay for Figo products or services using a credit card, debit card, ACH direct debit transfer from a checking account or such other method of payment disclosed to you on the applicable checkout page. All payments must be made by the cardholder or account holder or the person making the payment must have the express consent and permission of the cardholder or account holder to use the card or other form of payment being used.
The purchase of certain products and services offered on Figo sites or services may provide for the automatic renewal of such product or service upon expiration. If you agree to the automatic renewal of the product or service at the time of your purchase of such product or service, you consent and agree that Figo is authorized to automatically charge your credit card, debit card such other account provided by you at the time of renewal unless otherwise notified by you.
All cancellations of your insurance policy must be made in writing. If you cancel your insurance policy during the first 30 days of your policy period, you will receive a full refund of the premium amount, provided that you have not submitted a claim. If you cancel your policy after the first 30 day period or have submitted a claim, your policy will be cancelled effective the date of your written request, and you will be refunded a pro-rata amount of your paid premium. Note: The 30-day Free Look period is not available in State of Pennsylvania. Any policy issued to a resident of the State of Florida that is cancelled after the first 30 days or after a claim has been submitted will receive a pro-rata refund less 10% of the remaining annual premium as of the date of cancellation.
13. Underwriter Information
Our insurance products are underwritten by:
Markel American Insurance Company – A Stock Company
4521 Highwoods Parkway
Glen Allen, Virginia, 23060
14. Jurisdictions in which Figo is Licensed
Figo is authorized to operate in each of the following jurisdictions and possesses the department of insurance license numbers are provided here.
15. Other Important Terms
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
We may revise these Terms from time to time in our sole discretion. Every time you purchase a product or service from us, the Terms in force at that time will apply to your order. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
We reserve the right at any time in our sole discretion to: modify, suspend or discontinue our sites or any service, content, feature or product offered through our sites, with or without notice; charge fees in connection with the use of our sites or services; modify or waive any fees charged in connection with our sites or services; or offer opportunities to some or all users of our sites or services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our sites or services, including content, features or products offered through our sites or services.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We may terminate these Terms at any time without notice, and accordingly may deny you access to our sites or services, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.