In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- The Website www.coachgrab.com owned by CoachGrab Training Private Limited, a Private Limited Company incorporated under the Companies Act, having its registered office at D- 239, Upper Ground floor, Flat N0. 6, Road No. 10, Laxmi Nagar, Delhi - 110092, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
- For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires
- "You”, "User" or “Users” shall mean any natural or legal person who has agreed to become a user of the Platform or accessing the Website and/or availing or seeks to avail the services provided by us. The Website or Platform also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
- "We", "Us", "Our" or Company shall mean CoachGrab Training Private Limited and/or the Coaches, Employees, Affiliates of Company or a Party engaged to deliver the services to You.
- “Coach” shall mean and refer to any certified professional with requisite qualification and / or experience in offering support to You in formulating your own ideas and solutions based on Your own circumstances, situation, goals etc, on professional, personal, career, relationship and other matters relating to your life. You explicitly understand and agree that in all circumstances You will solely be responsible for the decisions, and course of action undertaken by you and the results achieved from the same.
- “Services” shall mean and refer to the life coaching services offered on the Website, or through in-person, telephonic discussions, online webinar / chat / discussion through skype and other such technology which includes but not limited to Relationship coaching, Wellness coaching, Empowerment Coaching, Success Coaching, Executive or business coaching, Emotional Intelligence Coaching, Career coaching including mentoring services and other such ancillary/associated services relating thereof etc. The services (Coaching) are not psychological counselling, consultancy or any type of therapy, and should not be construed as such.
- ‘Effective Date’ means the date on which the first interaction or the coaching session (complimentary or otherwise) takes place and shall be deemed to be the start date for the service. Participation by any individual in the first coaching session (complimentary or otherwise) constitutes acceptance of these terms and conditions and that the decision to do so is voluntary.
- “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and CoachGrab Training Private Limited.
- The headings of each clause in this Terms of Service are only for the purpose of organising the various provisions under this Terms of Service in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If you do not agree with any of these terms, please discontinue using the Website and Platform and / or any other form of interaction / service.
www.CoachGrab.com is a technology platform that enables you to find your ideal and most suitable coach from a network of Professional Coaches. We support You in to taking decisions and implementing those towards attaining your goals by holding consultation and follow-up sessions with our coaches (online or in person) to deliver the measurable success solutions.
To browse the site, search member profiles and view any articles or features our site has to offer, no registration is required. However, if a customer wants to avail services of the Website and use it, registration is required. As a part of the registration, we collect basic information such as (including but not limited to) your name, email address, contact number, etc.
ELIGIBILITY FOR USE:
Membership of this Website and Platform is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website or Platform, You may do so through Your legal guardian. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or Platform or availing any of its services.
Further, at any time during Your use of this Website or Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Website/Company has reason to believe You have done so, We hold the right to permanently suspend Your account.
- The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
- By registering, accessing or using the Website, you accept the terms of this Terms of Service and represent and warrant to CoachGrab Training Private Limited that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Service.
- A registered id can only be utilized by the person whose details have been provided and CoachGrab Training Private Limited does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing and making use of the Services provided by CoachGrab Training Private Limited.
- You agree and acknowledge that You would create only one account;
- provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website;
- maintain and promptly update Your account information;
- maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer;
- promptly notify CoachGrab Training Private Limited if You discover or otherwise suspect any security breaches relating to the Website; and
- Take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The usage of this Website or downloading and installing of this Platform is free of cost. The User will have to pay for the Products and Services availed through and listed at & offered by the Website. The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website or Platform and its Services. Certain services including but not limited to placing advertisements on the Website or within the Platform by Users and use of certain features of the Website and Platform provided by Third Parties may be subject to a charge upon it. However, We reserve the right to amend our fee policy and charges for Users who are accessing the Services of the Website. In the event of such change in policy, Users shall be intimated of the same via email or through the uploaded changes / alterations on the Website or Platform and such change shall be effective as soon as the same is uploaded. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by the Company.
MODE OF PAYMENT
When You use the Services offered through the Website or purchase Products, You are required to pay for them either on the Website or other modes of payment accepted by the Company. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be bound by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The payment options available on the Website/ Mobile App can be made through PayUmoney gateway. The User is further aware that in case of third party statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner and the Company shall in no case be liable to any loss(es) made as a result of any fraudulent transactions of any nature caused by any reason whatsoever. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18 years of age.
- You agree to ensure the email address and mobile phone number provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the downloading, and/or use of the Platform or Website, including, without limitation to, any usage rules set forth in this agreement.
- User provides the Session Agenda(s) and is fully present during coaching sessions.
- User takes full responsibility of his/her own physical, mental and emotional well-being, decisions, choices, actions and results. Your Coach only supports You in formulating your own ideas and solutions based on Your own circumstances, situation, goals etc, on professional, personal, career, relationship and other matters relating to your life. You explicitly understand and agree that in all circumstances You will solely be responsible for all Your decisions, and course of action undertaken by you and the results achieved from the same. The Coach and CoachGrab Training Pvt Ltd will neither be responsible for any of the results achieved by you, nor liable to any liabilities resulting therefrom.
- User shall communicate with integrity, be open to Honest Encouragement and create the time and energy to participate fully in the program.
- User accepts the fact that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek the same voluntarily and as thought fit by the User as independent professional guidance for such matters wherever required, whether recognized by the User or not, and whether advised so by the Coach or not.
- User understands that coaching does not involve the diagnosis or treatment of mental disorders. User understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. If User is currently in therapy or under the care of a mental health professional, User will consult with the mental health care provider regarding the advisability and/or decision of working with a Coach and shall be solely responsible for the decision so taken.
Prohibited uses: You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website or Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website or Platform is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- access (or attempt to access) the Website or Platform and/or the materials or Services by any means other than through the interface that is provided by the Website or Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website or Platform is prohibited. You acknowledge and agree that by accessing or using the Platform or Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website or Platform.
- use the Website or Platform in any manner that may impair, overburden, damage, disable or otherwise compromise
- any other party's use and enjoyment of company’s services; or
- the services and products of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website or Platform or the Services (or the servers and networks which are connected to the Platform);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or Platform or another's mobile phone;
- download any file posted on the Website or Platform that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Website or Platform or any connected network, connected to the Platform, nor breach the security or authentication measures on the Website or Platform or any network connected to the Website or Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website or Platform, or exploit the Platform or Service or information made available or offered by or through the Website or Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website or Platform, systems resources, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
- use the Website or Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or Platform or other Third Parties;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- disseminate information through the Website or Platform that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
- Profanity Policy: Our Website prohibits the use of language that is racist, hateful, sexual or obscene in nature. This policy extends to texts in all other areas of the Website that another User may view. Please report any violations of this policy to the correct area for review:
- Report offensive and or inappropriate User Profiles;
- Report offensive and or inappropriate language in a listing or otherwise;
- If a feedback/comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
- Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- User Account suspension.
OBLIGATIONS OF COACH
- Coach agrees to maintain the ethics and standards of behavior in providing the services.
- Coach shall utilize heightened communication skills; meaningful questions and deliberate listening skills to support the user as a thinking partner.
- Coach shall guide the coaching sessions as the needs are communicated by the user. Communication from the User may be written, verbal or non-verbal.
- Coach is not a therapist or a counselor or a consultant. Coaching is not a substitute for therapy. If it is needed, then You alone are responsible to elect to get the service of professionals from that field and CoachGrab Training Pvt Ltd is in no way concerned or responsible for the same.
- Coach shall hold all information disclosed in the coaching sessions in confidence. Personal information or business information supplied to Coach or Us by the user in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the user's prior permission, save where required by law.
REFUND AND CANCELLATION POLICY
The user may terminate their coaching contract at any time in writing. Any charges owed at the time of cancellation will become due immediately. Refunds on payments made against future sessions will be at the discretion of CoachGrab Training Private Limited.
The User can seek cancellation after payment of services charges anytime before the start of the first paid session. Eighty-five percent of the fee charged shall be refunded to the user’s account (subject to a minimum of the fee chargeable for one full coaching session and any applicable administrative charges limited to 5%).
If the user needs to rearrange a coaching session, they should provide at least 24 Hours’ notice. No refunds will be given to users for unused coaching sessions unless 48 hours’ notice has been given. In exceptional circumstances CoachGrab may need to rearrange a coaching session; in these circumstances CoachGrab will use reasonable endeavours to provide a mutually satisfactory alternative appointment to the user.
Where a user pays for a session, or sessions, in advance they must start the coaching session(s) that they have paid for within 2 months of the payment, or their fee is forfeited.
In exceptional circumstances, such as illness or unavailability due to bereavement or other sudden commitments, inappropriate behaviour by the user, actual or potential conflict of interest, or other reasons, CoachGrab can decide to terminate the service to the user early or refuse or be unable to provide further coaching sessions to the user. In such a circumstance the user will be given reasonable notice of termination by CoachGrab where practicable, and will be refunded any advance payments made for coaching sessions not yet provided.
UPDATES ON PLATFORM
From time to time, the Platform may automatically check the version of the Platform and, if applicable, provide updates for the Platform (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Platform. By using the Platform, You authorize the automatic installation of Updates and agree to all Updates manually if necessary. Your use of the Platform and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
ACTIONS UNDERTAKEN BY THE WEBSITE/PLATFORM ON YOUR DEVICE:
Upon using the Services the Platform or visiting the Website, You grant the Company/Website permission to perform the following actions on the device You are accessing the Platform in or visiting the website from.
To read from, write on, modify and delete data pertaining to the Website/Platform on the device’s hard disk and/or external storage;
- To access information about networks, access networks including wi-fi networks, receive and send data through the network;
- To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- To determine Your exact location from sources such as, but not limited to GPS;
- To retrieve information about other Platform running on the device the Platform has been using and access them;
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website or Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website or Platform, and solely for your personal, non-commercial use.
- All processes, techniques, presentations, methodologies, precedents and materials used by the Coach in the Coaching activities ("Primary Materials"); and all data input, interpretative analysis of, and the resulting output of, the Coaching activities ("Secondary Materials"), collectively, the "Materials". The User has no right to use or reproduce any of the Materials, except for the Secondary Materials, in which case, The User is permitted to retain a copy of those materials for his /her own personal use or possession including for purposes of The User's own performance or people assessment needs (but not otherwise, in any circumstance, for purposes of any separately arranged or derived economic gain, either directly or indirectly organised).
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or Platform, not to insert any code or product or manipulate the content of the Website/Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website or Platform, please email us at firstname.lastname@example.org.
- Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website or Platform, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
- the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Platform that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
- For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites or Platforms, to include the information in a searchable format accessible by users of the Website or Platform and other affiliated Website or Platforms, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this clause are granted without the need for additional compensation of any sort to you.
- The Website or Platform can be used worldwide. However we make no representation that materials or Content available through our Website or Platform is appropriate or available for use outside India.
- If You access or use the Website or Platform from a country or location apart from India, You are solely responsible for compliance with necessary laws and regulations for use of the Website or Platform.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/ Platform. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- The Website/ Platform has no obligation to provide You with a copy of the information You or any other User provides on the Website/ Platform or that the Website/ Platform has accessed from the device.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Website/ Platform.
- You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email ID or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website/ Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Platform. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made by Us in connection with any claim arising from or related to:
- Your use or any Third Party’s use via Your account of the Service provided by the Platform and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
DISCLAIMER OF LIABILITY
CoachGrab will seek to enable the user to set and achieve goals that will help to bring about desired outcomes for the user. The user has sole responsibility for any and all decisions they may make before, during or following coaching with CoachGrab. CoachGrab accepts no liability for the user’s actions, which are a complete responsibility of the User. It is clearly understood by the User that coaching is only a support in generating best thoughts and solutions based on User’s own situations and circumstances of which the User is the best judge and hence solely and entirely responsible for all decisions taken at all times. CoachGrab has no liability for any loss incurred by any User, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the user, whether justified or otherwise, to achieve a material improvement in quality of life or to achieve their desired outcomes or goals.
The Company will not be responsible for any damage suffered by Users from use of the Services on this system. This without limitation includes loss of revenue/data resulting from delays, pricing issues or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The Website is a platform for Users to undertake purchase transactions with third parties. The Company is not and cannot be a party to or control in any manner any transaction between You and the third party sellers.
In particular, neither the Website Owner nor any shareholders/members of the Company shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any products/services offered by the Company.
DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at New Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
If any User has any issue, question, concern or complaint regarding Our Services, Website or Platform please contact us at 9785310717, email us at email@example.com or you can write to us C-1107, Kenwood Apartments, Charmwood Village, Surajkund, Faridabad – 121009.
CoachGrab shall have no liability to you for any interruption or delay, to access the System irrespective of the cause.
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.