Welcome to Zuhah, a web site operated by ZUHAH LLC. This document explains the terms and conditions for using our Site (the “Agreement”). By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Site. This Agreement may be amended at any time by us from time to time without specific notice to you. This Agreement was last updated on: 04-07-2012.
YOUR ACCOUNT & PASSWORD.
If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others.
USER “DOS” and “DON’TS.”
As a condition to access Zuhah, you agree to to strictly observe the following DOs and DON’Ts:
Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Zuhah concerning the Services; and
- Use the Services in a professional manner.
Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Zuhah;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a user profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Zuhah;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account without authorization from the Company, or create a false identity on Zuhah;
- Upload, post, email, message, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Zuhah);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Zuhah invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Zuhah to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Zuhah or any User of Zuhah;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Zuhah (excluding content posted by you) except as permitted in this Agreement, Zuhah’s developer terms and policies, or as expressly authorized by Zuhah;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
- Utilize or copy information, content or any data you view on and/or obtain from Zuhah to provide any service that is competitive, in Zuhah’s sole discretion, with Zuhah;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Zuhah unless you have entered into a written agreement with Zuhah (this includes, but is not limited to, representing yourself as an accredited Zuhah trainer if you have not been certified by Zuhah as such);
- Adapt, modify or create derivative works based on Zuhah or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Zuhah’s developer program;
- Rent, lease, loan, trade, sell/re-sell access to Zuhah or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a Zuhah Group or any other service or functionality of Zuhah, without the express written permission of Zuhah.
- Deep-link to the member sections of the Site for any purpose, (i.e. including a link to a Zuhah web page that requires login) unless expressly authorized in writing by Zuhah or for the purpose of promoting your profile or a Group on Zuhah;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Zuhah, including those of both Zuhah and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Zuhah;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Zuhah except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Infringe or use Zuhah’s brand, logos and/or trademarks, including, without limitation, using the word “Zuhah” in any business name, email, or URL or including Zuhah’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Zuhah;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access Zuhah, add or download contacts, send or redirect messages, or perform other activities through Zuhah, unless explicitly permitted by Zuhah;
- Access, via automated or manual means or processes, Zuhah for purposes of monitoring Zuhah’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Zuhah’s website;
- Attempt to or actually access Zuhah by any means other than through the interfaces provided by Zuhah such as its mobile application or by navigating to http://www.zuhah.com using a web browser. This prohibition includes accessing or attempting to access Zuhah using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Zuhah;
- Attempt to or actually override any security component included in or underlying Zuhah;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Zuhah’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Zuhah personnel, attempting to gain unauthorized access to Zuhah, or transmitting or activating computer viruses through or on Zuhah;
- Interfere with or disrupt or game Zuhah or the Services, including, but not limited to, any servers or networks connected to Zuhah, in particular Zuhah’s search algorithms.
USING OUR CONTENT.
Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material (“Content”) that are the copyright, trademark or other intellectual property of the owners of this Site or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name “Zuhah” and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive. Linking to Our Site. You may not display our Content within a frame or border, or “deep link” or harvest Content located below our top-most URL. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Site that we find objectionable promptly upon request. Our Site offers users the ability to license and make remote use of software applications and components operated from our servers. Your use of any remotely hosted software application will be governed by the license agreement accompanying such “Remote Hosted Application.” In the absence of any such terms, and subject to your payment of any applicable fees, you are granted a personal, revocable, non-transferable license to access remotely and use the Remote Hosted Application from your computer to process your own data in support of your own personal or internal business processes. A Remote Hosted Application designated by our Site as an active “web site component” may be incorporated as an integral feature of your web site and made available to users of your site. Unless expressly authorized, you may not charge a separate fee for making Remote Hosted Applications available to others. Unless you are expressly authorized to “private label” a Remote Hosted Application, you should ensure the feature is properly designated as originating from our Site. Except as stated in a separate agreement, Remote Software Applications licenses are revocable, non-transferable and provided “AS-IS” and “AS AVAILABLE”. Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Site includes certain interactive features that allow users to post, transmit and receive messages or content on discussion forums, weblogs, newsgroups, chat areas, calendars or other online channels (“Communications”). We do not prescreen or editorially control Communications on our Site. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Site or to any person. Permission to Publish. Our Site does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Site (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Site and to make such incidental and additional uses as may be needed to operate the Site and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the “thread” or compilation of Communications on the Site generally, including your own Communications.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including domestic or foreign securities laws or regulations. In order to protect itself, the Site may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site or to use a competitor’s service. Anti-Spam Restriction. You will not use our Site to make any Communications which are unsolicited bulk advertising or promotional messages (“spam”), so-called “chain letters,” pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Site. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of USD$3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
USE OF THEMES, STORES AND SITE.
Themes. You may use a theme from our themes selection and use it on a single store within the Zuhah system. You are not allowed to take this theme and use it outside of Zuhah unless you receive written permission from us. You are not permitted to sell or distribute the theme in anyway. The rights of each theme remains the property of the of the creator. You agree to not hold the creator responsible for any problems in the code. You may NOT hold Zuhah responsible for using any themes. It is your responsibility to ensure that the theme you are using works for your store. Zuhah may modify, remove, or change a theme at anytime at its sole discretion Zuhah reserves the right to input a link back to Zuhah in the footer of all designs. You may modify a theme for use in your store as long as the modification is provided as a feature in the admin interface, but you may not hold us responsible for any damage, loss, or problems that may arise from your modifications.
Responsibility of Site Visitors. Zuhah has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Zuhah does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zuhah disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Zuhah.org links, and that link to Zuhah.org. Zuhah does not have any control over those non-Zuhah websites and webpages, and is not responsible for their contents or their use. By linking to a non-Zuhah website or webpage, Zuhah does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Zuhah disclaims any responsibility for any harm resulting from your use of non-Zuhah websites and webpages.
Copyright Infringement and DMCA Policy. As Zuhah asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zuhah.com violates your copyright, you are encouraged to notify Zuhah. Zuhah will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Zuhah or others, Zuhah may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Zuhah will have no obligation to provide a refund of any amounts previously paid to Zuhah.
Intellectual Property. This Agreement does not transfer from Zuhah to you any Zuhah or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zuhah. Zuhah, Zuhah.com, the Zuhah.com logo, and all other trademarks, service marks, graphics and logos used in connection with Zuhah.com, or the Website are trademarks or registered trademarks of Zuhah or Zuhah’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Zuhah or third-party trademarks.
Zuhah reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Zuhah may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Zuhah may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Zuhah.com account (if you have one), you may simply discontinue using the Site. Zuhah can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS. OUR ONLINE MATCHING SERVICE.
You are responsible for the timely filing of any required returns and the payment of all applicable taxes or levies, including interest and penalties imposed thereon (“Tax Claims”) arising from or relating to your use of the Matching Service or any goods or services bought, sold or exchanged as a result of using the Service, and you agree to defend, indemnify and hold our Site harmless from any and all Tax Claims. No Endorsement. We do not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Matching Service, or any goods, services or other things bought, sold or exchanged as a result of such activities.
We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
DISCLAIMER OF WARRANTIES
The Site is provided “as is”. Zuhah and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Zuhah nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
LIMITATIONS OF LIABILITY
In no event will Zuhah, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Zuhah under this agreement during the twelve (12) month period prior to the cause of action. Zuhah shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Zuhah, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement. European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.
RIGHT TO RELY ON INSTRUCTIONS.
The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site’s automated criteria or which is believed by the Site’s personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.
PROHIBITED ITEMS OF SELLING
Academic paper-writing and test-taking services Pre-written essays, thesis papers, and dissertations; offers for paper-writing or test-taking services.
Adult goods and services Pornography and other sexually suggestive materials (including literature, imagery and other media); dating services; escort or prostitution services
Animals or endangered and regulated species Animals and plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law
Body parts Organs or other body parts; body fluids; stem cells; embryos
Bulk marketing tools Email lists, software, or other products enabling unsolicited email messages (spam)
Cable descramblers and black boxes Devices intended to obtain cable and satellite signals for free
Child pornography Pornographic materials involving minors, or content that can be perceived as pedophilia erotica
Copyright unlocking devices or techniques Mod chips or other devices or techniques designed to circumvent or allow the circumvention of copyright protection
Copyrighted media Unauthorized copies of books, music, movies, and other licensed or protected materials; copies of material without proper attribution or references
Copyrighted software Unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
Counterfeit and unauthorized goods Replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps; other potentially unauthorized goods
Drugs and drug paraphernalia Illegal drugs and drug accessories, including psychoactive and herbal drugs such as salvia and magic mushrooms; materials promoting use of illegal drugs or accessories
Drug test circumvention aids Drug cleansing shakes, urine test additives, and related items
Financial or other regulated products, services, securities, and stored value Investment consulting; refinancing or transfer of non-collectible debt; stock brokerage; manual cash disbursements; money orders; traveler’s checks; stocks, bonds, or related financial products; units in collective investment schemes; stored value cards; credit services; provision of services regulated or prohibited by applicable law Fund solicitations Donation solicitations from parties without a valid 501(c) tax exempt status clearly displayed to the public; 501(c)(1), 501(c)(2) and 501(c)(14) services; solicitations from parties without valid proof of exempt tax status or proof of registration with the relevant country’s regulatory bodies and authorities; and political organizations that have registered with the FEC.
Gaming/gambling Lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
Government IDs or documents Fake IDs, passports, diplomas, and noble titles
Hacking and cracking materials Manuals, how-to guides, information, or equipment enabling illegal access or damage to software, servers, websites, or other protected property
Illegal goods Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third party’s rights; goods in violation of export or labeling restrictions; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online You are solely and completely responsible for verifying that all items you sell are authentic and legal.
Miracle cures Unsubstantiated cures, remedies or other items marketed as quick health fixes
Offensive goods Goods, literature, products, or other materials that: * Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors * Defame or slander any person or groups of people protected from defamation or slander by applicable law (such as the protection afforded to the royal family in some jurisdictions) * Encourage or incite violent acts * Promote intolerance or hatred * Promote or support membership in terrorist groups or other organizations prohibited by law * Promote revisionist theories proscribed by applicable law * Contravene public morality
Offensive goods, crime Crime scene photos or items, such as personal belongings, associated with criminals or a criminal act
Protected cultural items Materials covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer
Prescription drugs or pharmacies Drugs or other products requiring a prescription by a licensed medical practitioner, veterinarian, or pharmacies; drugs or products whose distribution is regulated
Pyrotechnic devices and hazardous materials Fireworks and related goods; toxic, flammable, and radioactive materials and substances
Regulated goods Air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides; postage meters; recalled items; slot machines; goods regulated by government or other agency specifications; explosives; hazardous materials; personal data protected under applicable data protection laws
Travel packages and offers Tours (including hotel, flight, and car reservations), travel clubs, and timeshare properties
Wholesale currency Discounted currencies or currency exchanges
This Agreement constitutes the entire agreement between Zuhah and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Zuhah, or by the posting by Zuhah of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Zuhah may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.