By accessing our website & mobile app named as “www.helpgini.com”, you agree to be bound by the provisions of these Terms of Service. The domain name, Website and the App is owned, registered and operated by “EllBee Technologies” a partnership company having its registered office at CS-503, Bhavishya India Tower, Gaur City-2 Road, Greater Noida West, Distt. Gautam Budh Nagar, UP-201301 India (hereinafter referred to as “HelpGini or EllBee Technologies”).
The domain name, Website and the App is owned, registered and operated by EllBee Technologies, a partnership firm its registered office at CS-503, Bhavishya India Tower, Gaur City-2 Road, Greater Noida West, Distt. Gautam Budh Nagar, UP-201301 India (hereinafter referred to as “HelpGini or EllBee Technologies”).
1. A Consultant; and/or
2. A person, consuming/ utilizing the User services given by the consultant.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version www.helpgini.com. HelpGini may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all Users of the Service, including users, Consultants who are also contributors of User Content on the Service. The Service includes all aspects of www.helpgini.com website which includes but is not limited to products, software and services offered via the www.helpgini.com website and/or App, such as the www.helpgini.com online platform and any other service or application that www.helpgini.com introduces from time to time.
- The Website and/or App is an online platform that supports and facilitates the online services . A User may utilize our knowledge material & Services to grow up his business.
- You agree and acknowledge that www.helpgini.com shall have the right at any time to change or discontinue any aspect or feature of the Website and/or App, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, www.helpgini.com may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. www.helpgini.com reserves the right to refuse access to the Website and/or App, terminate Accounts, remove or edit contents without any notice to You.
In order to access some of the features of the Service, you may have to create your account with www.helpgini.com. You agree and confirm that you will never use another User’s account without permission of the said User. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify HelpGini immediately of any breach of security or unauthorized use of your account. At no point in time will www.helpgini.com be liable for your losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to www.helpgini.com or others due to such unauthorized use, if any.
www.helpgini.com takes no responsibility for any User Content, uploaded by Users on the Website and/or App, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content, and availing the Services provided herein.
Access, Permissions and Restrictions
www.helpgini.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without HelpGini’s prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content of any other user through any technology or means other than the video playback pages of the Service itself.
- You agree not to use the Service for any of the following commercial uses unless you obtain www.helpgini.com’s prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page or website that provide similar service as that of HelpGini.
- You agree to installs and updates from time to time from HelpGini. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit HelpGini to deliver these to you as part of your use of the Service.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the HelpGini servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HelpGini grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. HelpGini reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give HelpGini, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Service and in any of its marketing or promotional activities.
- In your use of the Service, you will at all times comply with all applicable laws and regulations.
- HelpGini reserves the right to discontinue any aspect of the Service at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- HelpGini Service which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics on the Service, are owned by or licensed to HelpGini and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any User Content unless you see a “download” or similar link displayed by HelpGini on the Service for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of HelpGini or the respective licensors of the User Content. HelpGini and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to User Content from a variety of sources, and that HelpGini is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HelpGini with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless HelpGini, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Content and Conduct
- As a HelpGini user you may submit User Content on the Service, including videos and user comments. You understand that HelpGini does not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to HelpGini all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms of Service for the duration the said User Content is available on HelpGini’s Service platform.
- For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to HelpGini, you hereby grant HelpGini a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the User Content in connection with the Service and HelpGini’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service. The above licenses granted by you in video User Content you submit to the Service terminate within a commercially reasonable time after you request HelpGini to remove or delete your videos from the Service provided you pay the mutually agreed amount that HelpGini incurred in providing the Service platform to you. You understand and agree, however, that HelpGini may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
- You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant HelpGini all of the license rights granted herein.
- Furthermore, you confirm that the Content uploaded by you is not:
- False, inaccurate or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statue, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- HelpGini at its sole discretion may process any audio or audio-visual content uploaded by you to the Service to confirm if the same is in accordance with the HelpGini internal quality requirements.
- HelpGini does not endorse any User Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and HelpGini expressly disclaims any and all liability in connection with User Content. HelpGini does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and HelpGini will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. HelpGini reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
HelpGini Intellectual Property Rights
The Service, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website and/or App is owned and controlled by HelpGini and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, HelpGini owns all IPR to and into the trademark “HelpGini”, and the Website and/or App.
The mark “ HelpGini” is the sole property of EllBee Technologies. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from HelpGini.
If you as a User has uploaded any content as a consultant or service provider, then in consideration for the Content uploaded by you, HelpGini shall make payment, if eligible, for the same based on the payment structure communicated to you from time to time.
If you as a User has registered for a service, then you have to make all the required payments for the said service within the timelines mentioned on the page of the respective service.
Payments shall be made within the timelines that are communicated to you. All payments made herein, shall be subject to applicable taxes and non refundable.
When you visit HelpGini or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on this site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
- HelpGini will terminate a user’s access to the Service, if
- the user is a repeat copyright infringer;
- the users breaches any terms of these Terms of Service.
- Violation of any applicable laws;
- your use of the Service disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against HelpGini.
- HelpGini reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that HelpGini deems fit from time to time. HelpGini may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.
Effective of Termination
If a user’s account is terminated for any of the above-mentioned reason in such cases, HelpGini reserves the right, in its sole discretion, to terminate or suspend the user’s account with immediate effect. Upon suspension or termination of the User’s account:
- HelpGini shall at its sole discretion withhold or stop any and all payments that are to be made to such user and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately and the user shall not be able to access the said terminated account.
- HelpGini operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
- As part of HelpGini’s copyright policy, HelpGini will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
3 If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
- Notice of Copyright Infringement:
- Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we are an intermediary platform that allows general public to post content on its online platform. We have implemented procedures for receiving written notification of claimed infringements on the content uploaded on our online platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the website, including the educator name, topic and any other detail identifying the infringing content;
- Your email address, your physical address and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent as follows:
Email us at [email protected]
Or contact us by mail at:
CS-503, Bhavishya India Tower, Gaur City-2 Road, Greater Noida West, Distt. Gautam Bush Nagar, UP-201301
You will not without obtaining prior written consent of HelpGini, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Service.
For the purpose of this clause Confidential Information shall include but shall not be limited be limited to pricing, payment terms, employee details, user list, business model, processes, ideas, concepts etc. relating to HelpGini which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of HelpGini and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HELPGINI, ITS OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, HELPGINI EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON HELPGINI, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HELPGINI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HELPGINI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HELPGINI, ITS OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT HELPGINI, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, HELPGINI LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT HELPGINI SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY HELPGINI FROM ITS FACILITIES IN INDIA. HELPGINI MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HelpGini, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Eligibility to use and Acceptance of the Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please talk to your parents before using this website.
HelpGini reserves the right to refuse access to use the Services offered at the Website and/or App to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. You agree and acknowledge that your use of the Website and/or App and the Services is subject to the most current version of the Terms of Service made available on the Website and/or App at the time of such use.
HelpGini shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
Certain laws in India prohibit and impose restriction on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and HelpGini will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms of Service are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Distt. Gautam Budh Nagar, UP, India.
If any part of these Terms of Service is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Services shall be in writing to the registered office of HelpGini. We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered withy by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.