These EquipmentShare CARE™ Terms of Service (“TOS”) set forth the terms and conditions on which EquipmentShare.com Inc (“EquipmentShare”, “we” or “us”), a Texas corporation, provides you preventive maintenance and related equipment services under the EquipmentShare CARE Program (the “CARE Program”).
PLEASE READ THESE TOS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND IMPORTANT DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY. BY ORDERING, ACCESSING, USING, OR RECEIVING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND YOU AGREE TO BE LEGALLY BOUND BY THESE TOS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TOS ON BEHALF OF YOU AND YOUR COMPANY OR ORGANIZATION.
These TOS apply to preventive maintenance and related services (“Services”) provided by EquipmentShare, or its applicable affiliates or assigns, under the CARE Program. The Services are preventive in nature only and are intended to reduce the likelihood of mechanical failure.
EQUIPMENTSHARE DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL PREVENT OR AVOID EQUIPMENT FAILURE OR BREAKDOWN, IMPROVE PERFORMANCE, ELIMINATE DOWNTIME, EXTEND EQUIPMENT LIFE, OR ULTIMATELY MAINTAIN OR PRESERVE ANY ORIGINAL EQUIPMENT MANUFACTURER (“OEM”) OR THIRD-PARTY WARRANTY.
Nothing herein shall be construed to obligate EquipmentShare to provide any other services, parts, fluids, or components other than those necessary to comply with the applicable OEM-recommended preventive maintenance schedules, according to the selected service level plan. The Services exclude, without limitation, corrective maintenance, repairs, replacements, or other services arising from your use of the Equipment, your day-to-day equipment operations, normal wear and tear, equipment failure/breakdown, or unforeseen conditions. Services outside the scope of these TOS may be performed by EquipmentShare only if separately authorized and agreed to by EquipmentShare. Services will be performed in a commercially reasonable manner and generally consistent with applicable OEM-recommended preventive maintenance schedules and procedures set forth in the OEM’s owner’s, service, repair, or parts manuals (collectively the “OEM Manuals”), as may be amended from time to time. You acknowledge that the condition, usage, environment, maintenance history, and prior maintenance or repairs of the equipment are outside EquipmentShare’s control. EquipmentShare shall not be responsible for any nonconformity or failure arising from pre-existing conditions, Customer instructions, misuse, abnormal operating conditions, or the use of non-OEM or customer-supplied parts, fluids, or components. Depending on the service level plan selected by you, additional equipment inspection, monitoring and oversight services may be provided by EquipmentShare.
To access and use the CARE Program, you must:
EquipmentShare has created an advanced telematics service (“T3®”) that collects information from telematics devices on equipment and enables the retrieval of that data through an intuitive and user-friendly interface. All remote access to and use of T3®, including the purchase of platform subscriptions, the use of telematics devices to communicate with the platform, and any associated installation, maintenance, or other professional services, is subject to and governed by the T3® Terms Of Service available at https://t3.tech/subscription-terms-of-service. A paper or emailed copy of the T3® Terms Of Service is available upon request. By receiving services under the CARE Program or ordering, accessing, using, or receiving T3® or any associated devices or professional services, you confirm that you have read and agree to be legally bound by the T3® Terms Of Service, which supplement these TOS. By this reference, the T3® Terms Of Service are incorporated herein and made a part hereof.
Orders for CARE Program Services (each an “Order” or “Purchase Order”) must be placed in accordance with EquipmentShare’s then-current policies and procedures, and are subject to acceptance or rejection by EquipmentShare, in its sole discretion. Orders are subject to and governed by these TOS and the T3® Terms Of Service, regardless of whether expressly referenced in the Order. Each Order will list, at the minimum (and to the extent reasonably necessary to identify each piece of Equipment), the make, model number, serial number (or other identifying mark), the current hours of use for each piece of Equipment, the service level plan, and the selected term duration. See Sections 6 and 7, below, for a description of the available service level plans and term durations.
The initial term of each CARE Program subscription for Equipment identified and listed under an Order is as stated therein or, if not stated, is for a period of twelve (12) months, up to 1,000 hours. Following the initial term, the CARE Program for each piece of Equipment will automatically renew for additional and consecutive twelve (12) month/1,000 hour renewal terms unless (a) you provide notice of non-renewal at least ninety (90) days prior to expiration of the then-current subscription, (b) the CARE Program subscription is otherwise terminated in accordance with these TOS, or (c) at renewal the total use hours on a piece of Equipment will exceed 6,000 hours.
You agree to pay for the CARE Program Services at the rates and pricing set forth in these TOS or the corresponding Order or, if not specified therein, at EquipmentShare’s then-current rates and pricing. All amounts are stated and payable in U.S. Dollars and, except as otherwise expressly provided in these TOS, are non-refundable. We reserve the right to adjust our rates and pricing at any time, and from time to time, and any such adjustments shall become effective automatically at the beginning of your next billing term for CARE Program Services.
Payment is due in advance of each new Order for Services, unless otherwise stated in the Order. Payment should be made by ACH to EquipmentShare’s designated bank account or by other pre-approved method. We reserve the right to: (a) assess late fees of 5% per month or the lesser maximum rate permitted by law, (b) charge interest on overdue amounts, accruing monthly at 1.5% per month (18% per annum) or the lesser maximum rate permitted by law, and/or (c) suspend our Services, without prior notice, in each case until all overdue amounts are paid in full.
All pricing, fees, and charges are exclusive of any applicable sales, use, excise, value-added, or other taxes, tariffs, or duties, however designated or levied in any jurisdiction by any taxing authority. You are solely responsible for and shall promptly pay (if invoiced by EquipmentShare) or remit to the taxing authority (where applicable) all such amounts.
The CARE Program offers three (3) different service plan options that you may select from: Total, Pro, and Core. The service plan selected will be identified in the Order, which shall control with regard to the level of EquipmentShare’s responsibilities. Once selected, you may not change the service plan selected without the express written consent of EquipmentShare. Notwithstanding anything contained herein to the contrary, we will not provide any preventive maintenance services on any piece of equipment that has more than 6,000 total hours of use.
The Core Plan includes OEM-specific Preventive Maintenance (PM) Kits shipped directly to you for every required preventive maintenance service interval during the term duration identified in the Order. Service intervals are confirmed with the OEM Manuals. Each PM kit contains all filters and parts required by the manufacturer, with freight included. You will be responsible for all labor costs and expenses associated with any preventive maintenance work. Operational fluids customarily required for the proper operation and the PM of the Equipment, including, without limitation oils, transmission fluid, hydraulic fluid, coolant, and similar consumables, are not included under the Core Plan.
The Pro Plan includes all PM kits confirmed with the OEM Manuals. You will also receive on-site labor, travel, and a 360-degree machine inspection at every service interval during the term duration identified in the Order. Services will be performed by a certified technician and EquipmentShare will be responsible for parts ordering, service scheduling, traveling to the Equipment, performing an inspection and a preventative maintenance service at the time of each visit during the term duration. All operational fluids customarily required for the proper operation and PM of the Equipment, including, without limitation oils, transmission fluid, hydraulic fluid, coolant, and similar consumables, are included.
The Total Plan includes everything in the Pro Plan; parts ordering, service scheduling, traveling to the asset, performing an inspection and a preventative maintenance service at the time of each service visit. The Total Plan also includes full asset monitoring via the EquipmentShare Uptime Center and T3® Telematics, real-time diagnostic alerts, monitored fault code resolutions, priority scheduling for field service, a 10% discount on corrective maintenance labor services at EquipmentShare service centers and white glove delivery for new machines. You will also receive monthly equipment health reports and verified service records during the term duration identified in the Order.
You may select from six (6) different term duration options (shown below). The term duration will be identified in the Order, which shall control with regard to the length of EquipmentShare’s responsibilities hereunder for each piece of Equipment identified in any Order(s), respectively. Once selected, you may not change the term duration selected without the express written consent of EquipmentShare. If no duration is selected on the Order, the default selection is Option 1, shown below.
For the avoidance of confusion, and for illustration purposes only, if you elect to cover a piece of equipment for 2 years/Up to 2,000 hours (Option 2), then EquipmentShare will perform the CARE Programs services on said piece of equipment until the early occurrence of either 2 years from the beginning of the service term or the equipment has been in operation for 2,000 hours. Both the Duration of Term in Year(s) and the Maximum Hours of Equipment Use periods will be calculated from the date an Order is executed by you and the existing hours of use for any piece of equipment included in said Order. We reserve the right to verify any submitted existing hours of use.
Equipment may be added, from time to time, by separate Order. You may remove a piece of Equipment from the CARE Program upon written notification to us, provided that any fees already paid as part of a service plan on removed Equipment shall not be refundable. In addition, you will promptly notify us in the event that any piece of Equipment has been sold, conveyed, transferred to a third-party or otherwise disposed of. Upon the sale, transfer, or disposal of a respective item of Equipment, and unless otherwise specifically agreed to by EquipmentShare, the responsibilities of EquipmentShare as set forth herein shall automatically terminate with regard to the item sold, transferred or disposed of.
You may request that we transfer any CARE Program services from you to a subsequent third-party owner of a specified piece of Equipment only if: (a) all aspects related to the transfer of a T3® Device and Platform subscription, as delineated in the T3® Terms Of Service, are satisfied; (b) you pay the full balance owed in respect of what would have been the remaining term of your CARE Program services for the identified Equipment; (c) prior to transfer, the third-party transferee agrees (in the form and in the manner selected by us in our sole discretion) that these CARE Program TOS and the T3® Terms Of Service govern with regard to the transferred Equipment; and (d) EquipmentShare confirms to you in writing that the transfer has been approved.
Services are scheduled based on usage, calendar intervals, available data, or by your request.
You are solely responsible for ensuring that the Equipment identified in any Order is located at the site specified in such Order and is fully accessible, safe, and ready for service at the scheduled service time. EquipmentShare shall have no obligation to perform Services and shall have no liability whatsoever for any delay, failure to perform, or incomplete performance to the extent caused by (a) Equipment not being located at the specified site, (b) restricted, unsafe, or impracticable access to the Equipment, or (c) any site condition or circumstance outside of EquipmentShare’s reasonable control.
If you desire to change the service location, you must provide EquipmentShare with written notice at least 48 hours prior to the scheduled service time. EquipmentShare may, in its sole discretion, approve or reject any requested change of location. Approval of an alternative location, if granted, may be conditioned upon additional fees, modified scheduling, or other reasonable requirements determined by EquipmentShare. No change in location shall be effective unless expressly confirmed in writing by EquipmentShare.
In the event the Equipment is not at the specified location or is not accessible upon arrival, EquipmentShare may, in its sole discretion, (a) charge you for all reasonable time and expenses incurred, including without limitation mobilization, demobilization, travel time, labor, equipment, standby time, and administrative costs, and (b) require payment of additional fees prior to rescheduling service.
If (a) a scheduled appointment is canceled by you within 24 hours of the scheduled appointment time, (b) Services are unable to be completed due to missing or unavailability of a piece of equipment, (c) Services are unable to be completed due to your failure to provide safe, unobstructed access to a piece of equipment, we may, in our sole discretion, charge and bill you a no-show/delay/cancellation fee, billed at the rate of $125 per unavailable piece of equipment so scheduled for Services.
If, upon arrival at your location, the provision of the Services is prolonged or delayed more than one (1) hour as a result of your inability to make available a piece of equipment or otherwise, we may, in our sole discretion, remove technicians from the site, bill applicable no-show/delay/cancellation charges, or charge the applicable hourly rate of $125 per hour for the full length of the delay.
You assume all risk of loss, delay, and additional cost arising from inaccurate location information, equipment unavailability or lack of access and waive any claim (if any) against EquipmentShare arising out of or related to the circumstances addressed in this Section 9.
In connection with your access to, receipt, and use of the CARE Program Services, you are solely responsible for:
You agree to perform these responsibilities and to promptly notify us if, for any reason, you are unable to do so.
The ownership, collection, use, storage, processing, licensing, and all other rights and obligations with respect to Service Data and Customer Data shall be solely and exclusively governed by the T3® Terms of Service, as amended from time to time. No provision of this TOS shall be construed to modify, limit, expand, or supersede the rights and obligations set forth in the T3® Terms of Service with respect to Service Data or Customer Data. To the extent any conflict or inconsistency exists between these TOS and the T3® Terms of Service regarding Service Data or Customer Data, the T3® Terms of Service shall govern and control.
Our intellectual property and proprietary rights in the CARE Program are and shall be owned exclusively by EquipmentShare and, where applicable, its third-party suppliers, and we reserve all rights, title, and interest therein, including without limitation the executable code and source code, all domains and sub-domains, the program architecture, database structure, and coding methodology, the design, layout, and “look and feel”, all content, interfaces, features, and functionality, all versions and derivations, all enhancements, modifications, and improvements (even if requested or paid for by you), all goodwill associated therewith, and all copyrights, patent rights, trade secrets, trademarks, and other intellectual property and proprietary rights of any nature throughout the world embodied therein and appurtenant thereto. All rights not expressly granted to you by EquipmentShare under these TOS or the T3® Terms of Service are reserved by EquipmentShare and its third-party suppliers.
Each party reserves and shall retain exclusive ownership of its company, product, and service names, logos, brands, trademarks, service marks, trade dress, and other proprietary trade designations (collectively, “Marks”). You hereby grant EquipmentShare a non-exclusive, royalty-free license to format, display, and use any Marks that may be supplied by you and approved by EquipmentShare for use in connection with your and your users’ use of the Services and in connection with any feedback that you voluntarily provide to us, as provided below. Any other use of a party’s Marks shall require the party’s prior review and written approval and shall remain subject to such party’s reasonable quality control and brand usage guidelines. All goodwill arising from use of a party’s Marks shall inure solely to such party’s benefit.
From time to time, you or your users may voluntarily provide us with suggestions, ideas, enhancement requests, or other feedback concerning the Services or EquipmentShare’s other product or service offerings. You hereby grant EquipmentShare a non-exclusive, perpetual and irrevocable, freely transferable and sublicensable, royalty-free, worldwide license to use, act on (or choose not to act on), and commercialize such feedback, without compensation or other obligation to you or your users, and without proprietary, confidentiality, or other restrictions, including without limitation for research, development, enhancements to our product and service offerings, marketing, advertising, and testimonials.
Either party may terminate an Order, in whole or in part, if the other party breaches any material provision of these TOS or the Order and fails to cure such breach within thirty (30) days after the other party notifies it of such breach. Additionally, we may terminate and/or suspend any or all Orders, in whole or in part: (a) if you are delinquent in paying any service fees or other amounts owed to EquipmentShare, whether under these TOS, the T3® Terms Of Service or pursuant to a separate Equipment rental or other transaction; (b) you no longer maintain a T3® subscription, (c) if you become or are declared insolvent, make a general assignment for the benefit of creditors, enter into an agreement for the composition, extension, or readjustment of your obligations, file a voluntary petition in bankruptcy, or have an involuntary petition in bankruptcy filed against you; or (d) for our convenience, at any time, including if we discontinue offering all or any part of the Services. If terminated by us for convenience, as your sole and exclusive remedy, you shall be entitled to a partial refund of the Service fees (if any) prepaid by you in respect of the remaining term of your Order.
Upon the expiration or termination of the CARE Program Services or any corresponding Order(s): (i) all rights and services granted to you under these TOS shall immediately and automatically terminate; and (ii) you shall pay all outstanding amounts owed to EquipmentShare, which, in the event of improper termination by you or termination by EquipmentShare for cause, may include the fees and charges that would have been due for the remainder of the then-current CARE Program subscription on any Order, respectively.
Subject to the foregoing, the provisions of these TOS that by their terms or nature are intended to survive, including without limitation Sections 11 through 18 hereof, shall survive the expiration or termination of the Services for any reason and shall be binding on and inure to the benefit of the parties and their respective heirs, executors, successors, and permitted assigns.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL USE OF THE CARE PROGRAM AND THE OTHER SERVICES HEREUNDER IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL PREVENT OR AVOID EQUIPMENT FAILURE OR BREAKDOWN, IMPROVE PERFORMANCE, ELIMINATE DOWNTIME, EXTEND EQUIPMENT LIFE, OR ULTIMATELY MAINTAIN OR PRESERVE ANY OEM OR THIRD-PARTY WARRANTY.
YOU AGREE TO INDEMNIFY AND HOLD EQUIPMENTSHARE HARMLESS, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, FINES, PENALTIES, JUDGMENTS, AWARDS, SETTLEMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS), INCLUDING WITHOUT LIMITATION FOR BODILY INJURY, DEATH, AND DAMAGE TO, LOSS, OR DESTRUCTION OF PROPERTY, ARISING OUT OF OR ATTRIBUTABLE IN WHOLE OR IN PART TO: (A) YOUR, OR ANYONE ASSOCIATED WITH YOU, OPERATION AND USE OF THE EQUIPMENT, INCLUDING ANY FAILURE TO OPERATE THE EQUIPMENT IN ACCORDANCE WITH APPLICABLE MANUFACTURER SPECIFICATIONS, ANY SAFETY GUIDELINES, OR EQUIPMENTSHARE'S WRITTEN INSTRUCTIONS; (B) ANY DEFECT, DAMAGE, OR MALFUNCTION ASSOCIATED WITH THE EQUIPMENT, THAT YOU KNEW, OR ANYONE ASSOCIATED WITH YOU KNEW, OR SHOULD HAVE KNOWN ABOUT; (C) YOUR FAILURE TO PROVIDE SAFE, UNOBSTRUCTED ACCESS TO THE EQUIPMENT; (D) ANY MODIFICATION, ALTERATION, OR REPAIR OF THE EQUIPMENT PERFORMED BY YOU OR ANY THIRD PARTY; (E) YOU, OR ANYONE ASSOCIATED WITH YOU, REQUESTING THAT WE ASSIST WITH THE LOADING, OFF-LOADING, PACKING OR UPACKING ANY EQUIPMENT TO OR FROM YOUR VEHICLE, TRAILER OR OTHER CONVEYANCE; (F) YOUR, OR ANYONE ASSOCIATED WITH YOU, FAILURE TO OBTAIN OR MAINTAIN ANY NECESSARY PERMITS, LICENSES, CERTIFICATIONS, OR AUTHORIZATIONS REQUIRED FOR THE OPERATION OF THE EQUIPMENT; AND (G) YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAWS OR REGULATIONS GOVERNING THE OPERATION OR USE OF THE EQUIPMENT. THIS SECTION 15 DOES NOT APPLY TO CLAIMS ARISING FROM EQUIPMENTSHARE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, PROVIDED THAT EQUIPMENTSHARE HAS BEEN FOUND LIABLE FOR SUCH GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD BY A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL EQUIPMENTSHARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES OR LOSSES OF ANY KIND, OR FOR ANY LOSS OF BUSINESS, PROFITS, OR REVENUE, DAMAGE TO, LOSS, OR CORRUPTION OF SERVICE DATA, OR BUSINESS INTERRUPTION OR DOWNTIME, ARISING OUT OF OR RELATED TO THE SERVICES, THESE TOS, OR ANY ORDER, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
EQUIPMENTSHARE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PERFORMED ON OR IN CONNECTION WITH ANY PARTICULAR PIECE OF EQUIPMENT SHALL NOT EXCEED THE TOTAL CARE PROGRAM SUBSCRIPTION FEES PAID BY YOU TO EQUIPMENTSHARE FOR THE PARTICULAR PIECE OF EQUIPMENT GIVING RISE TO ANY CLAIM (FOR THE CURRENT TERM INDICATED ON ANY ORDER). FOR THE AVOIDANCE OF DOUBT, THIS CAP APPLIES SEPARATELY TO EACH PIECE OF EQUIPMENT AND NO FEES PAID WITH RESPECT TO OTHER EQUIPMENT SHALL BE AGGREGATED OR APPLIED TO INCREASE THE CAP APPLICABLE TO ANY PARTICULAR CLAIM. WHERE A SINGLE CLAIM OR INCIDENT INVOLVES MORE THAN ONE PIECE OF EQUIPMENT, THE CAP SHALL APPLY SEPARATELY TO EACH PIECE OF EQUIPMENT INVOLVED AND SHALL NOT BE COMBINED OR AGGREGATED. THE FOREGOING CAP SHALL NOT APPLY TO CLAIMS ARISING FROM EQUIPMENTSHARE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD WITH RESPECT TO THE SERVICES PERFORMED, PROVIDED THAT EQUIPMENTSHARE HAS BEEN FOUND LIABLE FOR SUCH GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION.
THE LIMITATIONS ON LIABILITY IN THIS SECTION: (A) ARE AN ESSENTIAL PART OF THESE TOS AND EACH ORDER; (B) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR BASIS OF THE CLAIM OR LIABILITY (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), INDEMNITY, OR OTHERWISE); AND (C) SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not permit the disclaimer of certain warranties or exclusion of certain types of damages. To the extent that such a jurisdiction’s law applies to these TOS, you may have additional legal rights that cannot be disclaimed by contract, and in such event, the limitations on liability in these TOS shall apply only to the extent permissible under applicable law.
EquipmentShare reserves the right to update these TOS from time to time, in our sole discretion, on the same basis that we update these TOS for our customer base generally. Any such updates shall be effective on the date we post the updated TOS or otherwise make the updated TOS available to you; provided, however, you shall have a grace period of thirty (30) days to comply unless the change is required for safety, security, or legal or regulatory compliance purposes or directed to new Services features or functionality. If you do not agree to the updated terms, you must notify us no later than thirty (30) days after the date of the update and, in such case, we may: (a) suspend application of the updated terms to you until your next CARE Program Order, at which time the updated terms shall apply; or (b) terminate your Order, in whole or in part, subject to a prorated refund of any prepayment of the fees made by you to EquipmentShare in respect of the remaining term after the date of termination. Except as provided in the previous sentence, your continued access to or use of the Services after we have updated these TOS shall signify your acceptance of the updated terms. Any other amendments to these TOS, or waiver of any obligation, right or remedy under these TOS, must be in writing and signed by an authorized representative of each party. Any waiver on one occasion or with respect to a given aspect of these TOS shall not constitute a waiver on subsequent occasions or of other aspects of these TOS.
