Terms of Use

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.

Please read this agreement (“Agreement”) carefully before using our website at https://www.moneybloom.com. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change as well as the Privacy Policy posted to this website, which is incorporated into this Agreement by reference. This Agreement is between MoneyBloom Inc (“The Network”) and you the user. As such, you must read this Agreement and the Privacy Policy before requesting services and/or products from our network of third-party debt relief providers, lenders, financial Network Providers, aggregators, direct mail marketers, and email marketers (“Network Providers”). This Agreement will take effect at the moment you click “Submit” on the form on our homepage.  If you do not agree with this Agreement and the Privacy Policy, you are not granted permission to access or otherwise use our website.

All references herein to “we” mean MoneyBloom Inc including its successors and assigns, which operates the website and the service. All references herein to “individual” or “you” refer to any user of this website and the service.

Neither The Network nor its representatives are engaged in rendering legal services, debt relief services, lending services, or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website. The Network is not a debt relief provider, lender, or financial Network Provider. The Network does not endorse or charge you for any service, product or loan but may receive compensation from the Network Provider(s) for forwarding your information to them. If you submit a request for a service, product and/or loan through this website, we will share your information as may be required in order to connect you with selected Network Providers of the services and/or products you request. See our Privacy Policy for more details.

By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more Network Providers by telephone, email or postal mail. Your information may be going to an aggregator or marketer and not a debt relief provider, lender, or financial Network Provider. Your information can be sold multiple times leading to multiple offers from Network Providers, aggregators, and other marketers.

The Network and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our website or any other website or Network Provider you use based on our referrals. While we strive to keep the information on this website accurate, complete and up-to-date, The Network and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website.

MONEYBLOOM IS NOT A DEBT RELIEF PROVIDER, OR LENDER, AND DOES NOT MAKE CASH ADVANCES OR CREDIT DECISIONS. THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. WE WILL SHARE YOUR SERVICE REQUEST INFORMATION WITH ONE OR MORE NETWORK PROVIDERS. WE DO NOT GUARANTEE THAT YOU WILL BE CONNECTED WITH A DEBT RELIEF PROVIDER, LENDER AND/OR FINANCIAL NETWORK PROVIDER OR ANY PARTICULAR DEBT RELIEF OR LOAN PROGRAM OR THAT YOU WILL RECEIVE DEBT RELIEF ASSISTANCE OR A LOAN. WE DO NOT GUARANTEE THAT THE PRICE, PRODUCT, AVAILABILITY, RATES, FEES, OR ANY OTHER SERVICE OR LOAN TERMS OFFERED AND MADE AVAILABLE BY NETWORK PROVIDERS THROUGH THIS SERVICE ARE THE BEST TERMS AVAILABLE IN THE MARKET. NOT ALL NETWORK PROVIDERS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED SERVICE, PRODUCT, OR LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS. YOU ARE PROVIDING EXPRESS WRITTEN CONSENT UNDER THE FAIR CREDIT REPORTING ACT FOR OUR NETWORK PROVIDERS WITH WHOM YOU ARE CONNECTED TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM YOUR CREDIT PROFILE OR OTHER INFORMATION FROM CONTRACTED CREDIT BUREAU(S) ASSOCIATED WITH YOUR PRE-QUALIFICATION FOR CREDIT INQUIRY.

Personal and Noncommercial Use Limitation: Prohibited Uses

We connect you with our network of third-party Network Providers. The service (“Service”) consists of these connections or referrals and any related information we provide. We grant you access to this website during the term of this agreement solely to receive the Service. You may access, download, and print materials as necessary to receive the Service. You may not license, copy, distribute, create derivative works from, frame in another web page, use on any other website, or sell any information, databases, or lists obtained from this website. When we request, you agree to provide true, accurate, and complete user information. You will comply with all privacy laws.

Eligibility Requirements

You must be at least 18 years of age (or the age of majority in your state of residence) to use our Service. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Request Form. SERVICE IS NOT AVAILABLE TO RESIDENTS OF PENNSYLVANIA. 

Service Request Process

The Service attempts to connect Individuals who complete and submit a request with one or more Network Providers. To use the Service, you must complete and submit the information requested in the Request Form, which information may include Personal Information as defined in our Privacy Policy. You represent and warrant that the information you provide to us through your Request Form is accurate and truthful. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.

Consent for Electronic Signatures, Records, and Dislcosures (“E-Consent”)

Please read this information carefully and print a copy and/or retain this information for future reference.

Introduction. You are submitting a request to be connected with one of our Network Providers. In order to offer you a service, product and/or loan, the Network Providers need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).

Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting the Network Provider directly. The Network Provider will retain all Disclosures as applicable law requires.

Scope of Consent. This E-Consent applies to all interactions online concerning you and the Network Provider and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, the Network Provider may process your information and interact during all online interactions with you electronically. The Network Provider may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or our Network Providers’ websites and may be provided by e-mail.

Consenting to Do Business Electronically. Before you decide to do business electronically with the Network Providers, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to the Network Providers.

Withdrawing Consent. Your E-Consent for our connecting service and for our Network Providers’ consideration of your connecting request cannot be withdrawn because it is a one-time transaction. If you are connected with one or more Network Providers, you are free to withdraw your E-Consent with them at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining the service, product and/or credit from the Network Provider. Contact the Network Provider directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.

Change to Your Contact Information. You should keep Network Providers informed of any change in your electronic address or mailing address. You may update such information by logging into the Network Provider’s website or by sending the Network Provider a written update by mail.

YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ASSENT TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THIS AGREEMENT. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE NETWORK PROVIDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES AND/OR PRODUCTS FROM NETWORK PROVIDERS OVER THE INTERNET.

Under the federal E-SIGN Act and related state laws, with your consent, we can deliver such required information to you electronically and can use electronic records and electronic signatures in connection with your transactions with Network Providers in our marketplace. If you do not want to receive the required information electronically, or do not want to use electronic signatures in connection with your transactions with the Network Providers, you should not agree to the terms of this agreement. If you do not consent to receiving the required information electronically, or do not consent to the use of electronic signatures in connection with your transactions with Network Providers in our marketplace, we will not be able to proceed with you.

License

This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or in any way reproduce or circumvent the navigational structure or presentation of this website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the website, (ii) attempt to gain unauthorized access to any portion or feature of this website, including, without limitation, the account of another individual or any other systems or networks connected to this website or to any of our servers or to any of the services offered on or through the website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this website or any network connected to the website, nor breach the security or authentication measures on this website or any network connected to the website, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or our systems or networks or any systems or networks connected to the website, (vi) use any device, software, or routine to interfere with the proper working of this website or any transaction conducted on the website, or with any other person’s use of the website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the website, (viii) use the website to harvest or collect e-mail addresses or other contact information; or (ix) use this website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Proprietary Rights

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to The Network. No reproduction, distribution, or transmission of the copyrighted materials on this website is permitted without the prior written permission of The Network.

The Network and other logos, product and service names are trademarks and service marks owned by or licensed to The Network or its affiliates (the “Marks”). Without the prior written permission of The Network, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners. 

No Unlawful or Prohibited Use.

As a condition of your use of this website, you warrant to The Network that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website. You may not republish The Network content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 18, you may not use this website.

Disclaimer of Warranties

THE SERVICE AND WEBSITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, “SERVICE INFORMATION”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, NETWORK PROVIDERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

The Network does not recommend, endorse, warrant or guarantee the products or services of any third party and is not party to any discussions that you may have or agreements that you may make with any third party. Your business dealings with any third parties, including any Network Providers are solely between you and such third party. We are not responsible to you for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as a result of such dealings.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NETWORK AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, NETWORK PROVIDERS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR NETWORK PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR NETWORK PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations above which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Network Providers from any claim of harm resulting from a cause beyond our or our Network Providers’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any service, product or loan that you receive through the Service or your interactions with any Network Providers with whom you were connected through the Service.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by parties other than The Network or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because The Network Privacy Policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Use of Submissions

Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing and marketing products and services incorporating such information.

Changes to Website

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.

Termination

We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Network Provider or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to individuals in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.

Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held in your county of residence; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive, consequential or exemplary damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, The Network retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Network retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. The FAA applies to any disputes over arbitrability or the enforcement of this clause. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by US Mail sent to: PO Box 818 Tallahassee, Florida 32302 no later than thirty (30) calendar days from the date you accept this Agreement. To opt out, you must send notice in a letter that includes the subject line: “Arbitration Opt Out” along with your full name and the email address you used when consenting to this Agreement.

Miscellaneous

This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. Failure by The Network to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.

This Agreement, including the Privacy Policy, which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.