THESE TERMS OF SERVICE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND EZ BIZ LLC (“BOOKAPRO”, “WE” OR “OUR”) CONCERNING YOUR USE OF THE BOOKAPRO WEBSITE, MOBILE APPLICATIONS (“APP”) AND ASSOCIATED SERVICES (COLLECTIVELY THE “SERVICE”). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
The Service is a privately owned interactive platform that allows you and other users of the Service (among other activities) to post and read reviews, rankings, ratings and recommendations of service providers providing services (“Service Providers”). The Service is provided for your personal, noncommercial use and the personal, noncommercial use of other users of the Service (“Users”). Under no circumstances does any information you may encounter through the Service represent a recommendation or endorsement by BookaPro.
You and other users of the Service can access the content provided by BookaPro (“BookaPro Content”) and content provided by others (“Third Party Content”). Users can contribute their own content as enabled by the Service. You may have access to content that you and other Users supply (collectively “User-Supplied Content”). BookaPro Content, Third Party Content and User-Supplied Content that you do not supply are collectively, “Service Content”.
BookaPro and its licensees may publicly display advertisements and other information adjacent to or included with Service Content and your User-Supplied Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You must be at least 18 years of age or the age of majority in your jurisdiction, if older, to visit or use the Service in any manner. By accessing the Service or accepting this Agreement, you represent and warrant to BookaPro that you are either 18 years of age or the age of majority in your jurisdiction, if older, and that you have the right, authority and capacity to agree to and abide by this Agreement.
In order to contribute User-Supplied Content, you must register with the Service and create a User account (the “Account”). You may establish only one (1) Account per person using the Service. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account. You will be asked to provide BookaPro with
certain information (e.g. your Name, e-mail address), and you agree to provide and maintain true, accurate, current and complete information about yourself for the Account (collectively, “Account Information”). To the extent that Account Information consists of personally identifiable information, BookaPro will treat such information in accordance with its then-current privacy policy. The User name that you select must comply with the requirements for other User-Supplied Content, and such other policies that BookaPro may publish from time to time. You agree that you will not allow others to use your User name, password and/or Account. You agree to indemnify and hold BookaPro, its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors (collectively the “BookaPro Affiliates”), harmless for any improper, unauthorized or illegal uses of your Account by anyone.
For information regarding BookaPro’s use of information collected in connection with the Service, please refer to the BookaPro Privacy Policy, hereby incorporated by reference. Please review the BookaPro Privacy Policy before you complete the registration process or attempt to use or access the Service.
ights in App Granted by BookaPro
Subject to your compliance with this Agreement, BookaPro grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. BookaPro reserves all rights in and to the App not expressly granted to you under these this Agreement.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
• This Agreement is concluded between you and BookaPro, and not with App Provider, and that, as between BookaPro and the App Provider, BookaPro, is solely responsible for the App.
• App Provider has no obligation to furnish any maintenance and support services with respect to the App. You must contact BookaPro, and not App Provider, with respect to any defects or performance issues concerning the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of BookaPro.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App
infringes that third party’s intellectual property rights, BookaPro will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by this Agreement.
• App Provider and its subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the App.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Subject to all of the and conditions of this Agreement, BookaPro hereby grants you a personal, limited, non-exclusive, non-transferable and revocable right to view Service Content on your compatible computer or device solely for your own non-commercial use in connection with the Service and solely as authorized by BookaPro in connection with the Service. BookaPro reserves the right to revoke this limited license at any time in its entirety or with respect to any Service Content, for any reason, and at BookaPro’s sole discretion.
The Service Content is the property of BookaPro, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Service Content are the property of either BookaPro or third-party content owners and copyright holders and is protected by applicable copyright and other law. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of their respective owners. You may not copy, display or use any of these indicia of origin without prior
written permission of the mark owner. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Service Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, make derivative works of, perform or publicly display any Content.
You hereby grant BookaPro the perpetual, irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use, reproduce, display, modify, transmit, distribute, perform, display and delete your User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and BookaPro has no confidentiality obligations with respect to any User-Supplied Content.
If you review, rate, or otherwise comment on a Service Provider, you warrant that: (a) you have in fact used the services of that Service Provider; (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with that review, rating or comment; (b) you do not have a direct or indirect financial relationship with that Service Provider other than your use of its services (where a financial relationship includes without limitation your employment or, to your knowledge, the employment of any members of your family); and (d) you do not have a direct or indirect financial relationship with any Service Provicer competing with that Service Provider other than your use of the services of a competing Service Provider (where a financial relationship includes without limitation your employment or, to your knowledge, the employment of any members of your family).
User comments with respect to Service Content, other Users’ User-Supplied Content and any other User interactions with other Users or BookaPro personnel, which interactions are visible within the Service, are treated as User-Supplied Content under the this Agreement and must comply with this Code of Conduct and other rules for User-Supplied Content set forth herein. Further, your User-Supplied Content must be respectful of others and of the Service community. If BookaPro promulgates a separate formal policy concerning User-Supplied Content, your User-Supplied Content must also comply with that policy. In addition to any other rights or remedies BookaPro may have under this Agreement, BookaPro may, in its discretion, move, remove or edit User-Supplied Content, and suspend or ban Users, all as BookaPro sees fit to promote a healthy community.
You will not, and will not attempt to: (a) make any elements of the Service available to, or use the Service for the benefit of, anyone other than yourself; (b) make any unsolicited communication regarding promotions and/or advertising of products or services to any other User or otherwise use any elements of the Service for any commercial purpose; (c) sell, rent, lease or otherwise assign to any third party any rights to any Service Content or User-Supplied Content; (d) remove any proprietary notices or labels on any Service Content or User-Supplied Content (other than yours); (e) delete or alter any Service Content or User-Supplied Content posted by any other User; (f) use any elements of the Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users; (g) use any elements of the Service to violate any law or any right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (h) except as
specifically permitted by our “robots.txt” files, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, spiders, robots, crawlers, scrapers or RSS feeds) to access, navigate or search the Service other than the search engine and search agents available from us or generally available third party web browsers (e.g., Google Chrome, Safari, Mozilla Firefox, Microsoft Internet Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; (j) aggregate, copy or duplicate, summarize or restate in any manner any of the Service Content; (k) link to any Service Content or information available from the Service except using the hyperlink provided by BookaPro for such Service Content, and then only as a direct link, without framing or hotlinking; (l) bypass, disable, or interfere in any way with any element of the Service controlling access to, or controlling the rights in, certain portions of the Service or Service Content, including, but not limited to, attempting to obtain passwords or other private information from other Users or attempting to deceive BookaPro or other Users as to your identity or the source of any data transmitted by you or others; (m) distribute any software viruses or other computer code designed to interfere with or access without express permission the Service, any computer systems, software or hardware, or any data on or in any of the above; or (n) otherwise engage in activities (including but not limited to automated or scripted downloading or uploading of content or access to web pages) that may impair or interfere with the integrity, functionality, performance, usefulness, usability, or quality of all or any part of the Service.
You will not contribute any User-Supplied Content that: (a) may be reasonably interpreted as a solicitation, advertisement or promotion of any kind; (b) contains any hyperlinks, “hidden” keywords or any keywords that are irrelevant to the themes of the Service; (c) engages in, endorses or promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contains otherwise restricted or password only access pages, or hidden pages or images; (f) displays or links to pornographic, indecent or sexually explicit material of any kind; (g) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; (h) provides or links to instructional information about illegal or harmful activities or activities that violate the rights of any other party, including without limitation, intellectual property infringement or misappropriation; (i) advertising or promotional codes, deals info, or coupon of any company or business.
BookaPro may, in its sole discretion, block, suspend or terminate your access to the Service and delete your Account if you violate any part of the Code of Conduct. In addition to the above, you acknowledge and agree that BookaPro may access, review, store, reproduce and/or disclose, as applicable, any User-Supplied Content if required to do so, or if BookaPro has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such User-Supplied Content (or your use of the same) violates any third party’s rights, or to protect the rights, property or personal safety of BookaPro, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.
You agree and understand that this Agreement and the Service may be modified by BookaPro at any time. If you have created an Account with us, we will attempt to inform you of any modifications to this Agreement or the Service that affect your rights or obligations. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Service, and / or by such other means as we deem reasonably likely to reach you. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request by sending an email to us at info@bookapro.us. Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified terms of the Agreement.
If you have not registered and do not have an Account, any modifications to this Agreement or the Service will be effective as to you upon BookaPro’s posting of the new terms and/or upon implementation of the new changes on the Site or to the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified terms of the Agreement.
Unless expressly stated otherwise by BookaPro, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement.
BookaPro may provide you with any notices under this Agreement by means of a posting on the Service, by e-mail, or by sending a message to you through the Service.
Unauthorized copying or distribution of any Service Content is an infringement of the copyright holder’s rights. At our discretion and in appropriate circumstances (which circumstances may include, by way of example, Users who repeatedly infringe others’ copyrights), BookaPro may terminate the Account associated with the infringement upon the copyright or other intellectual property rights of others. If you are a copyright holder who believes that the Service is hosting or linking directly to infringing copies of your work, please let us know, and if you believe that one of our Users is a repeat infringer of your work, please let us know that in addition to the information required below. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent EZ BIZ LLC
United States of America Email: info@bookapro.us
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
C. Information related to the work(s) reasonably sufficient for BookaPro to promptly locate the work (e.g. title of work, location within the Service, etc.);
D. Information reasonably sufficient to permit BookaPro to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
F. A statement requesting that BookaPro take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to abide by U.S and other applicable export control laws and not to transfer, by electronic transmission, the Service, or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
BookaPro may, without liability or obligation, in its sole discretion and at any time: (i) make modifications to, or discontinue, the Service, which may include changing a freely available element of the Service to a paid element, and vice versa, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement); and/or (ii) require you to use a modified version of the Service in order to have continued access to the Service. The modifications may result in certain elements of the Service being unavailable, or incompatible with certain devices.
You agree that neither BookaPro nor the BookaPro Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that any unauthorized use of the Service would result in irreparable injury to BookaPro and/or the BookaPro Affiliates for which money damages would be inadequate, and in such event BookaPro and the BookaPro Affiliates, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that BookaPro and the BookaPro Affiliates may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with BookaPro . You can cancel your Account by delivering notice to BookaPro at info@bookapro.us.
You agree to indemnify and hold harmless BookaPro, the BookaPro Affiliates, and each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all claims, actions, demands, causes of action, and other proceedings, and all losses, expenses, fees, fines, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your breach of this Agreement or improper use of the Service, any Service Content, or other information provided in connection with the Service, or any dispute you may have with any third party (including any Service Provider). BookaPro reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BookaPro in asserting any available defenses.
If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that BookaPro is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service or any third party, including any Service Provider, you hereby release BookaPro, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
BookaPro may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or BookaPro reasonably suspects that you have breached) any provision of this Agreement. BookaPro shall have no liability or responsibility to you if BookaPro terminates this Agreement or suspends your Account under this paragraph.
You may terminate your use of the Service at any time by contacting us at info@bookapro.us.
Upon termination of this Agreement for any reason, all of your rights to use the Service immediately terminate.
BookaPro controls only its own content located at https://www.bookapro.us and any other web site that BookaPro represents it controls, as stated on such other web site. BookaPro does not control or endorse any other web site to which BookaPro may link or on which elements of the Service may appear, or any services or products offered by third parties (including any Service Providers) through the Service or the BookaPro content. BookaPro does not provide or make any representation or warranty as to such third party sites, nor as to the quality or nature of any of the third party products or services purchased through the Service. Any such undertaking, representation, warranty or guarantee would be furnished solely by the proprietor of the applicable web site or the provider of the relevant product, under the terms agreed to by that third party.
BookaPro has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in BookaPro’s sole discretion. BookaPro has no liability or responsibility to you for performance or nonperformance of such activities. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service is your sole risk and responsibility. By using the Service, you may be exposed to content that you find offensive or rely upon to your detriment. You take sole responsibility for such exposure and reliance.
The information available through the Service is not legal advice, and you should not rely on it. BookaPro does not offer legal advice and is not a substitute for the advice of an attorney. Before making any decision or taking any action, you should consult a subject matter expert, including an attorney if necessary. Under no circumstances does any information you may encounter through the Service represent a recommendation or endorsement by BookaPro.
You understand and agree that your use of the Service is at your own sole risk. BookaPro is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Service. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of the Service, any Service Content or other information provided in connection with the Service rests with you. THE SERVICE AND ALL SERVICE CONTENT AND OTHER INFORMATION THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY BY BOOKAPRO AND THE BOOKAPRO AFFILIATES, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BOOKAPRO AND THE BOOKAPRO AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO BOOKAPRO AND/OR THE BOOKAPRO AFFILIATES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BOOKAPRO AND/OR THE BOOKAPRO AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF BOOKAPRO AND/OR THE BOOKAPRO AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in no event shall BookaPro’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of US $100.00 or the amount you have paid to BookaPro for accessing the Service.
All materials supplied by or through the Service are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of BookaPro’s and its licensors’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
This Agreement and any other terms or documents referred to herein represent your entire agreement with BookaPro with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. A party’s failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in Santa Clara County, California in connection with any such dispute including any claim involving BookaPro or the BookaPro Affiliates. Capitalized terms shall have the meaning set forth in this Agreement. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.