1. Your Agreement
1.1 The Ringo mobile and desktop application, software, design, servers, data, user input, content, website available at www.ringo.co (“Website”), and associated services (collectively “Services” or “App”) are owned and operated by Riva FZC (“Ringo”) and are licensed to you in accordance with the terms of this End User License Agreement (“Agreement”).
1.2 The India local calling service ("India Local Service") is provided to you by Quadrant Televentures Ltd and governed by terms of this Agreement.
1.3 The App along with the India Local Service are hereinafter cumulatively referred to as “Services” and Riva FZC and Quadrant Televentures Ltd cumulatively referred to hereinafter as "Ringo"
1.4 The App is © 2014 Riva FZC.
1.5 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE AND ANY GOOGLE PLAY AGREEMENT REQUIRED BY GOOGLE IN ORDER TO DOWNLOAD AND USE THE APP.No Emergency Calls.
1.6 It is important that you understand that the App is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. Ringo will not be liable for any attempted emergency calls.
1.7 Ringo and you both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof. Ringo and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims, intellectual property infringement disputes are not the responsibility of Apple.
1.8 Ringo reserves the right, in its sole and absolute discretion, to discontinue the App or to modify, change, replace, or discontinue this Agreement. If Ringo modifies, changes, or discontinues the terms of this Agreement, the Effective Date, located above, will change. Ringo will update you about such modification or change by sending you an email or an update on the App itself. Your installation or use of the App after a change in the Effective Date of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.
2. The Ringo AppCall out flow
2.1 Ringo provides inexpensive call rates for your international calls. Ringo provides local numbers for your international contacts. When you call one of your international contacts through one of our supplied local numbers, we will connect you with your contact and you pay our rates instead of your provider’s international rates. Your service provider will treat the call as a local call. You are responsible for paying your provider’s local rates. You can call directly from your mobile phone using the App or directly from any traditional landline phone that you register with Ringo.Call back flow
2.2 In some countries Ringo also provides inexpensive call rates for your local and international calls through a call-back flow. Upon initiating a call from Ringo you will receive a call-back from our servers. We will then dial another call out to your destination number and connect the two on a conference bridge. If your service provider charges you for incoming calls you will be responsible for those charges.Wifi flow
2.3 In some countries Ringo also provides inexpensive call rates for your local and international calls through a wifi / data flow. Upon initiating a call from Ringo the call will be completed over the Internet through your wifi or data connection. If you use the wifi flow on an internet connection the internet connection charges will be borne by you.Other terms
2.4 By downloading and using the App, you agree that Ringo, and our designees and agents, may contact you by any available means, including, but not limited to, by email.
2.5 You acknowledge and agree that Ringo is a service provider and will not be held liable for any costs or fees incurred by you through your use of the App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.
2.6 The phone numbers we provide are not intended to and do not support SMS, MMS, or FAX messaging.
2.7 Ringo does not guarantee that you will be able to dial every number in every country. Ringo reserves the right to cancel or suspend services to or for any specific number ranges, telecommunications service providers, countries, states, or geographic regions, or any other number grouping or service location, at any time and for any duration at our sole discretion.
3. Your Warranties and Representations
3.1 You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement or prohibited from downloading or using the Services by any pre-existing agreement or otherwise. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older. If you are thirteen (13) or older but under the age of eighteen (18), you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it and allows for your use of the App. You agree to comply, in good faith, with the terms of this Agreement.
3.2 All users of the Services further warrant the following:
- You agree to comply with the terms of this Agreement in good faith;
- You will not use the Services outside of the uses specifically provided for under this Agreement, including any and all licenses;
- You will not use the Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties;
- You will not make any derivative works of the Services or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Services;
- You will not use the Services to communicate any false, misleading, personal, or defamatory content;
- You will not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, mine, transmit, or sell the Services in any form or by any means, in whole or in party, without the prior written consent of Ringo.
3.3 Ringo does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Services. Services are operated worldwide and Ringo makes no representation that its Services are appropriate, lawful, or available for use in your location. Ringo does not offer Services where prohibited by law. If you are in a jurisdiction in which use of the Services are prohibited by law, you may not use the Services.
4. Limited License Grant
4.1The App and related materials, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through Ringo. Ringo grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferable, and non-assignable license to install and use one copy of the App in executable object code form to be used on a single mobile or portable device for non-commercial, personal purposes.
4.2You are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the App, in whole or in part, without the prior written consent of Ringo. You are prohibited from using the trademarks, service marks, design marks, and logos of Ringo, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the terms “RINGO” or the Ringo logo(s), as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Ringo. The App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the App are the property of their respective owners.
4.3You are prohibited from using the App for any use not explicitly stated in this Agreement, absent separate written agreement signed by Ringo and you pursuant to a binding agreement. Such unauthorized uses may include:
- Any use inconsistent with or in violation of this Agreement or any local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty, including in any country embargoed by the United States;
- Any commercial use, such as the resale or republication of the App;
- Any modification of the App, including, but not limited to, translation into another computer language or the creation of derivative works from the App;
- Any use of the App outside of its customary or intended purposes;
- Any use of the App to defraud, to impersonate, to harass, to violate the rights of third parties, or to collect personal or personally identifiable information from users of the App without their knowledge or consent;
- Any use of the App that involves internet relay chat servers (“IRCs”) or IRC bots;
- Any use of the App to cheat, exploit, or otherwise interfere with any lawful activity;
- Any other activity that disrupts the App or its associated services, including, but not limited to, through hacking or denial of service attacks; or
- Any use of the App after you have been removed by Ringo or previously banned.
4.4The Services may contain licensed materials from third parties and those third parties may enforce their rights in the event of a breach of this Agreement.
5.1Downloading the Ringo App is free. In order to download and/or use the Services, you must provide certain information to register your mobile phone or additional phone(s) and device(s). As part of account registration, you will select a username and password. You agree to provide Ringo with accurate, up to date, and complete information. Registered users understand and agree that they have an ongoing duty to update their personal information if and when it changes. Registered users agree to keep their accounts and devices secure from unauthorized access. Registered users alone are responsible for their accounts and devices and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Ringo immediately. You are responsible for any charges to your account until Ringo is able to terminate or suspend your account.
5.3By creating an account, you agree that Ringo, and our designees and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.
5.4Ringo reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.
5.5You understand and agree that Ringo provides software and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise. Ringo makes no representations or warranties as to the truth or falsity of any information submitted to the App or provided by Ringo or any user of the App, or the legality, quality, or safety of the services offered through the App.
5.8The App is free to download, but Ringo reserves the right to charge a fee to download and/or use the App and any part thereof in the future.
6. Charges and Payment
6.1Our calling rates and charges are provided within the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location and type of destination phone number, the user’s location and the type of phone or device used to make the call, whether and what type of base or add-on phone plan the user registered for, and any current promotions that may be available. You understand that you will pay any additional charges you incur if you connect to the services through a phone number provided by Ringo while you are in a country that is not the same country associated with your network or mobile phone provider (“Roaming Charges”). Roaming Charges will be charged in addition to any charges you may incur when using the App from another country. You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.
6.2Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when Ringo receives a signal that the call has terminated from the terminating carrier.
6.3All calls are pre-paid. You may add to your account balance at any time on the Website or through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay all taxes, including VAT where applicable, fees and other charges that we bill for the Services. You agree to pay for the Services at the rates and charges listed on Website. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.
6.5You are responsible for reviewing your billing information. If you believe that Ringo has charged your account in error, you agree to notify us of any disputed charges within ninety (90) days after the date the alleged error appears in your account history or within 120 days after the error occurred, whichever is earlier, in writing in English via email to: firstname.lastname@example.org
6.6If we determine that a billing adjustment is appropriate, we will credit your account. If you fail to timely notify us of a billing dispute, you understand that you hereby waive all rights to bring any claim regarding a charge to your account.
6.7Amounts used are non-refundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
6.8Prepaid amounts you purchase will remain credited to your account and will not expire so long as your account remains active. If your account expires, you acknowledge that we are not obligated to refund to you any prepaid amounts purchased by you.
7. Account Termination
7.1You may choose to close your account by notifying us by email at email@example.com. We will then terminate your account and you will lose access to your account. You acknowledge that you will not be entitled to a refund of any unused prepaid balance in your account as of the date you terminate your account. You also acknowledge that you will remain responsible for payment of all charges for Services up through termination.
7.2If your account balance is depleted and you do not replenish your account balance within 6 months, we may elect, in our sole discretion, to terminate your account. If your account remains inactive for 12 months, we may elect, at our sole discretion, to terminate your account. If you wish to keep your account active, you may request an extension of this expiration period by notifying us by email at firstname.lastname@example.org. We may, at our sole discretion, grant an extension request. We are not obligated to provide an extension nor are we obligated to refund any prepaid balance remaining in your account if your account terminates. We may charge, at our sole discretion, a reactivation fee to reactivate a terminated account or to keep an account from expiring.
7.3We reserve the right, at our sole discretion and for any reason, including, but not limited to, your breach of this Agreement or your unlawful use of the Services, to suspend, restrict, modify or terminate your account and your access to and use of the Services. If your account is suspended, restricted, modified, or terminated, you understand and agree that you are still responsible for any charges that accrue through the date that we fully process any such suspension, restriction, modification or termination. You agree to reimburse us for any reasonable costs we incur in collecting charges owed to us, including attorneys’ fees.
7.4We also reserve the right, at our sole discretion and for any reason, to suspend, modify, restrict, or discontinue the Services at any time.
8. Customer Service
If you have any questions, concerns or complaints about our Services, you may contact our Customer Service through the feature provided within our App and on our website. Please allow up to 72 hours for a response email.
9. Terms and Conditions of Third Parties
You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (e.g., iTunes, Google Play), any network provider (e.g., AT&T, Verizon), any platform provider (e.g., iOS), or any hardware manufacturer (e.g., Apple iPhone, Android).
10. We Do Not Endorse Any Product or Service
Ringo may allow advertisers to display advertisements within our Services. However, Ringo does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed through the App do not necessarily state or reflect those of Ringo and are not intended to be used for advertising or product endorsement purposes.
11. Section 230 of Communications Decency Act
You acknowledge and agree that Ringo is an interactive computer service provider under Section 230 of the Communications Decency Act. You agree that Ringo will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious communications created by third parties, whether through the Services or otherwise.
12. Children’s Online Privacy Protection Act Compliance
The Services are not directed to persons under the age of thirteen (13) and Ringo will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If Ringo inadvertently collects personally identifiable information, Ringo will delete the personally identifiable information in accordance with its security protocols, upon notice.
13. Feedback and Support
Ringo encourages its users to submit comments, suggestions, error reports, or support inquiries to Ringo using the feedback function of the App or using the website. You acknowledge and agree that any feedback submitted to Ringo, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Ringo. You agree to assign all right and title in or to any and all feedback that you submit to Ringo and execute any and all documents necessary to assign your rights to any and all feedback to Ringo upon Ringo’s request, including but not limited to any documents necessary to perfect Ringo’s rights in and to intellectual property or proprietary rights.
14. Disclaimer and Limitation of Liability
14.1You acknowledge and agree that the nothing within the App will be construed to create a warranty of any kind. You acknowledge and agree that Ringo takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within or communicated through the App as provided by you, third parties, information sent to Ringo by third parties, and information intercepted by third parties. You agree to hold Ringo harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the App, or misuse of the App.
14.2RINGO PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADESECRETS OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK AND THAT RINGO WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY RINGO TO MODIFY THE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. RINGO WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN OR COMMUNICATED THROUGH THE APP.
14.3RINGO WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE APP, EVEN IF RINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RINGO DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA, AUTHENTICATION INFORMATION, OR SERVICES. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
14.4UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT RINGO’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ANY AMOUNT THAT YOU MAY HAVE PAID FOR THE APP OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES AND THE EXCLUSIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend Ringo, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Ringo will survive the termination or failure of this Agreement and your use of the App. You acknowledge and agree that your obligation to defend Ringo will not provide you with the right to control Ringo’s defense and you expressly agree that Ringo has the right to direct and control its defense regardless of your obligation to defend Ringo. You shall not enter into any settlement of compromise of any indemnifiable claim without Ringo’s written consent.
You are expressly prohibited from assigning your rights or obligations under this Agreement without Ringo’s prior written consent. Ringo may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Ringo business or in a sale of the App.
18. Choice of Laws and Resolution of Disputes
18.1You agree that for all legal and non-legal purposes, the App is located in United Arab Emirates. You agree that the App does not give rise to personal jurisdiction over Ringo in jurisdictions other than the United Arab Emirates, except where otherwise agreed. This Agreement will be interpreted under and governed by the laws and legal principles of the Republic of Singapore, without regard to its conflicts of laws principles or statutes.
18.2You and Ringo agree that in an effort to resolve any dispute that may arise under this Agreement or in connection with the Services, the parties will make a good faith effort to resolve any dispute by discussion prior to referring any matter to arbitration. If the parties are unable to resolve any dispute through discussion prior to arbitration within fifteen (15) days of commencing discussions, the dispute shall be referred to arbitration.
18.3YOU AND RINGO AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN THE REPUBLIC OF SINGAPORE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE ARBITRATION ACT OR THE INTERNATIONAL ARBITRATION ACT AS APPROPRIATE. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE REPUBLIC OF SINGAPORE AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND RINGO AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING ANYWHERE THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND RINGO AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE REPUBLIC OF SINGAPORE IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND RINGO HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
18.4Ringo may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE RINGO FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
19. Additional Provisions
19.1No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Ringo and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
19.2YOU AND RINGO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
19.3YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RINGO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
19.4The failure of or delay by either party to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other breach of this Agreement. No waiver shall be effective unless in writing and signed by the party to be bound.