These Terms of Services are entered into by and between you (“you”,“your”, or “user”) and Love Your Cancer Free Life. (“LYCFL”, “Love Your Cancer Free Life”, “we”, “our” or “us”). PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO ACCESS OR USE THE SERVICES. The following terms and conditions, together with any other documents and forms that are expressly incorporated by reference (collectively, “Terms of Services”), govern your access to and use of our website at loveyourcancerfreelife.com (together with any associated web pages, websites, social media pages and mobile applications of loveyourcancerfreelife.com.
You represent, warrant and agree that you are authorized to enter into these Terms of Services and to bind yourself to the terms and conditions herein. BY USING ANY OF THE SERVICES OR BY CLICKING OR SELECTING THAT YOU ACCEPT OR AGREE TO THE TERMS OF SERVICES WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICES AND OUR PRIVACY POLICY, FOUND AT WWW.LOVEYOURCANCERFREELIFE.COM/HOME/PRIVACY-POLICY , INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICES OR THE PRIVACY POLICY, YOU MUST NOT USE THE WEBSITE OR ACCESS ANY OF THE SERVICES.
1.Eligibility
Eligibility. Eligibility to access or use our Services is offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with coaching.com. If you do not meet all of these requirements, you must not access or use our Services.
2. Changes
We may revise and update these Terms of Services from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services. Your continued use of our Services following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.
3. loveyourcancerfreelife.com Services
(a) The loveyourcancerfreelife.com website is an information resource of the coaching packages and programs being offered by Love Your Cancer Free Life as a company.
(b) Additional services and programs are also offered through the associated Facebook group for Love Your Cancer Free Life that is not listed on the website but bound by the same rules and service of agreement as stipulated herein.
(c) We do not make any warranty, guarantee, or representation as to the efficacy of our coaching programs. The success of these programs are entirely reliant on the consistent, diligent and effective application of and adherence to the provided materials, by the user.
(e) You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to these Terms of Services; (ii) your use of the Service will be solely for purposes that are permitted by these Terms of Services; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other coaching.com policies.
4. Access to and Use of the Services
(a) Subject to and conditioned on your payment of applicable Fees (as defined below) and compliance with these Terms of Services, loveyourcancerfreelife.com hereby grants to you a non-exclusive, non-transferable, non-sublicensable right during the Service Term (as defined below) to access and use the Services, solely for use by Authorized Users (as defined below) in accordance with these Terms of Services. Such use is limited to your internal use. loveyourcancerfreelife.com shall provide to you the necessary information to allow you to access the Services. “Authorized User” means Client Users.
(b) You shall not use the Services for any purposes beyond the scope of the access granted in the Terms of Services. You shall not at any time, directly or indirectly, permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, provide service bureau or similar services, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
(c) loveyourcancerfreelife.com reserves all rights not expressly granted to you under these Terms of Services. Except for the limited rights and licenses expressly granted under these Terms of Services, nothing in these Terms of Services grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to any loveyourcancerfreelife.com IP. The term “loveyourcancerfreelife.com IP” means the Services, and any and all materials, works of authorship, custom loveyourcancerfreelife.com urls, know-how and other intellectual property provided or made accessible to you or any Authorized User by or for loveyourcancerfreelife.com in connection with the Services or these Terms of Services. For the avoidance of doubt, coaching.com IP does not include the Client Data or User Contributions (as defined below).
(d) Notwithstanding anything to the contrary in the Terms of Services, loveyourcancerfreelife.com may temporarily or permanently suspend yours and any Authorized User’s access to any portion or all of the Services if: (i) loveyourcancerfreelife.com reasonably determines that (A) there is a threat or attack on any of the loveyourcancerfreelife.com IP; (B) yours or any Authorized User’s use of the loveyourcancerfreelife.com IP disrupts or poses a security risk to the Services, other loveyourcancerfreelife.com IP or to any other customer, client, or vendor of loveyourcancerfreelife.com; (C) you, or any Authorized User, is using the Services or other loveyourcancerfreelife.com IP for fraudulent or illegal activities; (D) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) loveyourcancerfreelife.com’s provision of the Services to you or any Authorized User is prohibited by applicable law; (ii) any vendor of loveyourcancerfreelife.com or e-commerce platform from which Client Data is obtained, has suspended or terminated loveyourcancerfreelife.com’s access to or use of any third-party services or products required to enable you to access or use the Services (“Service Suspension”). loveyourcancerfreelife.com shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Services following any Service Suspension. loveyourcancerfreelife.com shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. loveyourcancerfreelife.com will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any Authorized User may incur as a result of a Service Suspension.
5. Coach User and Client User Responsabilities
(a) When you sign up or register with loveyourcancerfreelife.com for use of any of the coaching programs or related Services, you agree that all information provided to loveyourcancerfreelife.com.com relating to you will be true, accurate, current and complete. You agree to promptly update all such information whenever any of it changes. You are entirely responsible for maintaining the confidentiality of your account information. You agree not to use the account, username, login credentials or password (“Credentials”) of another individual or entity when using the Services, or disclose your Credentials to, share your account with, or allow your account to be used by any other individual or entity except for your Authorized Users. You will employ all reasonable efforts and measures to prevent unauthorized access to and use of the Services. You agree to notify us immediately if you suspect any unauthorized use of your account or unauthorized access to your Credentials.
(b) You are solely responsible and liable for all uses of, and activities occurring under, your Credentials and account for the Services and for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Services. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms of Services. You shall make all Authorized Users aware of these Terms of Services as applicable to such Authorized User’s use of the Services, and shall ensure that all Authorized Users comply with such provisions. Furthermore, you shall remain solely responsible and liable for any Client Data in your possession and control and all uses thereof as well as for any other results obtained from, and all conclusions, decisions and actions based on, your access to or use of the Services.
6. Prohibited Uses
(a) You may use the Services only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in Section 12 set out in these Terms of Services; (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (v) to impersonate or attempt to impersonate the you, your employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as reasonably determined by us, may harm you or users of the Services, or expose them to liability.
(b) Additionally, you agree not to: (i) use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (iii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Services; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (vii) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and (viii) otherwise attempt to interfere with the proper working of the Services. You shall immediately notify us of any violation or attempt to violate any of the restrictions or limitations on use or access to the Services specified in this Terms of Services upon first becoming aware of such violation or attempted violation.
(c) loveyourcancerfreelife.com may and have the right to suspend and deactivate accounts for any Prohibited Use.
7. Fees-taxes-payments
(a) You shall pay loveyourcancerfreelife.com the prices and other charges (collectively, the “Fees”) described on the Site for loveyourcancerfreelife.com’s Coaching Programs. Subject to the Service Term, you shall pay to loveyourcancerfreelife.com the Fees by credit card on the Effective Date (as defined below) of the Terms of Services. Each payment will be due monthly or once-off depending on Service subscription type.
(b) Refunds will be provided at the discretion of the management team of loveyourcancerfreelife.com. 25% cancellation fee will be deducted from any paid amounts including credit card transactions fee, administration fees and cancellation fees.
8. Term and Termination
(a) These Terms of Services shall become effective between you and loveyourcancerfreelife.com as of the date you first accept or agree to these Terms of Services or, if earlier, the date you first access or use the Services (collectively, the “Effective Date”) and shall remain in effect thereafter without expiration or termination, subject to the following. The term for which you may access or use the Platform and any other paid Services, will commence on the earlier to occur of (i) the commencement date you have access to the Services, if any, (ii) the date you first sign up or register or pay for the corresponding Service; or (iii) the first date you access or use such Platform and/or other paid Services, and will subsequently end on the earlier to occur of (I) the expiration or termination date specified on the Site or your confirmation of Services by email, if any, (II) non-renewal of such Services in accordance with the provisions below, or (III) the termination of such Services in accordance with the express provisions of these Terms of Services (such period from commencement to end of such Services or the order form being the “Service Term”).
(b) The Service Term shall run in successive, automatically renewing, monthly or yearly periods depending on Service subscription type from the Service Term commencement date specified in Section 10(a) above unless either you or loveyourcancerfreelife.com provides notice of non-renewal to the other party before the next renewal period. Furthermore, and without limiting any other remedies, either loveyourcancerfreelife.com.com or you may terminate the Service Term (and the corresponding Services) in the event that the other party materially breaches these Terms and Condition (including upon any failure to pay Fees when due) upon thirty (30) days’ prior notice, unless the other party has cured such breach before the end of such notice period.
(c) In the event of any termination or expiration of the Services Term and/or the Services, your right to access and use, and loveyourcancerfreelife.com’s obligation to provide and support, the Platform and any other paid Services shall terminate, you shall cease using such Services, and loveyourcancerfreelife.com may close and terminate your Services account upon the effective date of termination. The other terms and conditions of these Terms of Services (i.e., those not relating to Fees or rights or obligations to access or use or support or provide the Platform or other paid Services) shall survive and remain in full force and effect. In any event, termination or expiration of the Services Term, Services or order form shall not relieve either party of any obligation that has accrued or existed prior to such termination or expiration, including any obligation to pay Fees that are due or have accrued.
9. Security, Privacy and Confidential Information
(a) loveyourcancerfreelife.com shall safeguard and protect the security of the Client Data submitted or provided to the Website or other Services under these Terms of Services using reasonable measures consistent with industry standards. loveyourcancerfreelife.com will employ appropriate, industry-standard security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, such Client Data. These shall include, at a minimum, administrative, physical, technical, and electronic measures to protect such Client Data from unauthorized access and disclosure and to safeguard such Client Data against loss, theft, alteration and destruction. coaching.com shall also comply with its published Privacy Policy with respect to the Client Data and other applicable data and information from you. Note that some Client Data may be protected by passwords and other Credentials possessed or maintained by you. Accordingly, the security of such Client Data will depend upon the strength of the selected password and your ability to keep such password and other Credentials secured and confidential.
(b) All information we collect on this Services is subject to our Privacy Policy at loveyourcancerfreelife.com/home/privacy-policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
(c) From time to time, either party may disclose or make available to the other party non-public information about its business affairs, products, services, technology, software, confidential intellectual property, trade secrets, third-party confidential information, personal information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Except for personal information, Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party at the time of disclosure; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party without use of or access to the Confidential Information of disclosing party. The receiving party shall not use the Confidential Information of disclosing party except to perform its obligations and exercise its rights under these Terms of Services. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, consultants, service providers and agents who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder, provided such recipients are bound by obligations of confidentiality at least as protective as those contained herein. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making such a disclosure shall first have given prior written notice to the other party (to the extent legally permissible) and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under these Terms of Services, including to make required court filings. On the expiration or termination of the Service Term or your use of the Services, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure and non-use with regard to Confidential Information of the other party are effective as of the date such Confidential Information is first received and will expire five (5) years from such date of first disclosure; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive for as long as such Confidential Information remains subject to trade secret protection under applicable law.
(d) Notwithstanding anything to the contrary in these Terms of Services, loveyourcancerfreelife.com may monitor your use of the Services and collect and compile Aggregated Statistics (as defined below). As between loveyourcancerfreelife.com and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by loveyourcancerfreelife.com and such Aggregated Statistics shall not be part of the Client Data or User Contributions hereunder. The term “Aggregated Statistics” means aggregated and anonymized data and information generated, compiled or recorded by coaching.com based on usage of the Services by you and Authorized Users, including for example and without limitation statistical and performance information regarding the provision and operation of the Services. You agree that loveyourcancerfreelife.com may use and disclose Aggregated Statistics in any manner consistent with loveyourcancerfreelife.com’s Privacy Policy and applicable law; provided that such Aggregated Statistics do not identify you, any Authorized Users or your Confidential Information.
10. Intellectual Property Ownership; Feedback
(a) You acknowledge that, as between you and loveyourcancerfreelife.com, loveyourcancerfreelife.com owns all right, title, and interest, including all intellectual property rights, in and to the Services and other coaching.com IP and, with respect to third-party products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the third-party products.
(b) All Client Data is and shall remain the property of the Client User.
11. E-Commerce Platform Terms; Links to Third Parties
Certain e-commerce platforms from which the Client Data is obtained, may impose certain terms and conditions on such Client Data and/or the recipients of such Client Data beyond those set forth in these Terms and Conditions. To the extent any such terms and conditions are imposed directly on you in the Client agreement or in any agreement or arrangement between you and such e-commerce platform, you agree to fully comply therewith. To the extent we notify you (within the Services or by separate notice) of any such terms and conditions that apply to you as a result of our agreements or arrangements with any such e-commerce platform in connection with your use of the Services, you agree to comply with such terms and conditions. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. No Warranty and Disclaimer.
(a) YOUR USE OF THE SITE, ITS CONTENT, THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER loveyourcancerfreelife.com NOR ANY PERSON ASSOCIATED WITH loveyourcancerfreelife.com MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER loveyourcancerfreelife.com NOR ANYONE ASSOCIATED WITH loveyourcancerfreelife.com REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE SERVICES, OR ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, THE FILES OR INFORMATION THEREFROM, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICES, ANY SERVICES, INFORMATION, CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(b) TO THE FULLEST EXTENT PROVIDED BY LAW, loveyourcancerfreelife.com HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
(c) The information and materials (including any third party user provided information or content) presented on or through the Site or publicly or third party accessible portions of the Services are made available solely for general information purposes and your convenience. We do not warrant the accuracy, completeness, or usefulness of this information and materials. None of the information on this site is meant to be used as medical treatment or advice. Any reliance you place on such information and materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
13. Indemnification
You agree to defend, indemnify, and hold harmless loveyourcancerfreelife.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Services or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Services, your violation of applicable laws, agreements or policies, any claims made by your Clients, or your use of any information obtained from the Services.
14. Limitations of Liability
IN NO EVENT WILL loveyourcancerfreelife.com BE LIABLE UNDER OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER loveyourcncerfreelife.com WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL loveyourcancerfreelife.com’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS OF SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNTS PAID OR PAYABLE TO coaching.com UNDER THESE TERMS OF SERVICES DURING THE TWELVE MONTHS PRECEDING THE DATE WHEN THE CLAIM FOR SUCH DAMAGES AROSE.
15. Miscellaneous
(a) All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the parties at the addresses (i) set forth on the Site, within the Services or in the order form with respect to coaching.com, and (ii) provided by you upon registration or sign up or otherwise indicated in the order form with respect to you (or to such other address that may be designated by the party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email, or certified or registered mail (confirm receipt requested, postage pre-paid).
(b) These Terms of Services, our Privacy Policy at www.loveyourcancerfreelife.com/home/privace-policy, any exhibits or schedules attached hereto, and any other documents expressly incorporated herein by reference comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
(c) In no event shall coaching.com be liable to you, or be deemed to have breached these Terms of Services, for any failure or delay in performing its obligations under these Terms of Services, if and to the extent such failure or delay is caused by any circumstances beyond coaching.com’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including without limitation imposing an embargo.
(d) No failure or delay by loveyourcancerfreelife.com or you in asserting or enforcing any right, remedy or provision under these Terms of Services shall constitute a waiver of such right, remedy or provision and all waivers must be in writing signed by the waiving party to be effective. No waiver by a party of any term or condition set out in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent required to become valid, legal and enforceable, and in any event the remaining provisions of these Terms of Services will continue in full force and effect.