TERMS OF SERVICE
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND NADEZDA PETROVICOVA (“WE,” “US” OR “OWNER”), THE OWNER AND OPERATOR OF WWW.NYOGATEACHER.COM WEBSITE (“SERVICES”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE SERVICES. BY ACCESSING AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES. NADEZDA PETROVICOVA RESERVES THE RIGHT TO AMEND OR CANCEL THIS AGREEMENT AND CEASE PROVIDING YOU ACCESS TO SERVICES AT ANY TIME, FOR ANY REASON.
By signing up for an Account (defined below) to use the Services, you represent, acknowledge and agree that you are at least 18 years of age.
nyogateacher.com provides information about services offered by Nadezda Petrovicova. It also offers the opportunity to schedule and pay for yoga classes using an internal scheduling engine and Third Party payment system. The website enables any website user to contact the owner for any service related enquiries.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the services
Company may add to, change or remove any part of the Services, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information/Privacy
You agree to provide accurate, current, and complete information as required for the use of the Services. Nadezda Petrovicova reserves the right to block further access to the Services to you if you provide false, inaccurate or incomplete data. You acknowledge that Nadezda Petrovicova uses a third-party payment processing service to process orders and bill fees to your credit card. Nadezda Petrovicova’s Privacy Policy, located at the URL: https://www.nyogateacher.com/privacy-policy (the “Privacy Policy”), explains how your personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
2 – ACCOUNT AND PASSWORDS; LICENSE
2.1 – Account and Passwords
In order to use the Services, you must sign up for an account with us (an “Account”). In order to obtain and maintain an Account, you must provide up-to-date information to us (“Account Information”), including: (i) Services compliant username, (ii) Services compliant password, (iii) name and contact information (including current mobile phone number with text messaging abilities and valid email address), (iv) credit card payment information and authorization, and (v) other information that may be required by us from time to time. Failure to keep Account Information up to date may result in your inability to access the Services.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your Account. You agree not to share your password, let anyone else access your password, or Account, or do anything else that might jeopardize the security of your password or Account. You may not assign your Account. You agree to notify Nadezda Petrovicova if there is any unauthorized use of your password or Account on the Services or if you know of any other breach of security in relation to the Services.
2.2 – License to use Services; Prohibitions
Subject to your compliance with this Agreement, Nadezda Petrovicova hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Services, or to any server of Nadezda Petrovicova or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Services or Content.
3 – USE OF SERVICES
3.1 – Private Classes
You may use the Services to create Account as defined above. Upon creating the Account, you are able to schedule, re-schedule, cancel (as defined below) the yoga lessons in accordance with this Privacy Policy and Service Agreement. You may use the Services to purchase an individual yoga lesson or packages offered by Nadezda Petrovicova. You may use the Services to hire Nadezda Petrovicova to teach a yoga class to you personally, or to your dependant under the age of 18 after signing the Release of Liability and Indemnification Agreement on your own behalf or behalf of your dependant. You may use the Services to hire Nadezda Petrovicova to teach yoga to other person(s) and you acknowledge that the person(s) will be required to sign the Release of Liability and Indemnification Agreement on their own behalf prior to participation in the class.
3.2 – Group Classes/Corporate
You may use the Services to hire Nadezda Petrovicova to teach a group class to you and your invitees. You agree not to let any invitee under the age of 18 to participate in a group class without a parent or legal guardian present. You agree that all invitees must consent to the terms of this Agreement and sign Release of Liability and Indemnification Agreement prior to participating in the group session, and that Nadezda Petrovicova may refuse to provide service to any invitees who fail to agree to the terms of this Agreement or execute a liability waiver. You hereby agree to take on personal liability for any individual who participates in the class without first signing the Release of Liability and Indemnification Agreement.
3.3 – Yoga Lessons for Children
You may use the Services to hire Nadezda Petrovicova to teach yoga to minors under the age of 18 providing that you are their legal representative, and you sign the Release of Liability and Indemnification Agreement upon lesson booking. You agree to take on personal liability for any minor individuals who participate in the class without first signing the Release of Liability and Indemnification Agreement.
3.4 – Payment and Pricing
You understand that by agreeing to purchase yoga lessons provided by Nadezda Petrovicova through the Services at the prices advertised in the Services, you authorize us to charge your designated credit card on file in your Account (or a secondary credit card or payment method, if the designated credit card payment fails) for the associated fees for those services (the “Charges”). After each Charge is made to your credit card, you will receive a receipt via the email address in your Account. Instead of paying for sessions directly, Nadezda Petrovicova offer for sale credits for lesson packages (each a “Credit”) that may be redeemed at a later date within 3 months from the date of purchase. All sales for Credits are final and non-refundable; Nadezda Petrovicova may offer Credits for sale at varying prices, in varying packages and at varying times, and you agree (i) that changes in prices or offers from time to time will not affect your or Nadezda Petrovicova’s rights in previously purchased Credits, or entitle you to a refund of any kind and (ii) you agree to purchase the Credits on the terms advertised in the Services at the time of purchasing the Credits.
You understand that a portion of each Charge for a Credit shall be designated as payment to Nadezda Petrovicova providing the yoga session associated with that Credit to you. You understand that the remaining portion of the Charge for each Credit shall be designated as a finder’s fee (“Finder’s Fee”) payable to Nadezda Petrovicova. You acknowledge that Nadezda Petrovicova acts as her own payment collection agent to collect fees from you and only Nadezda Petrovicova may deliver the yoga lessons to you or any other person(s) participating in the yoga class. Charges for Credits do not include any gratuity to Nadezda Petrovicova; if you wish to provide a gratuity to Nadezda Petrovicova, you must do so using a separate payment method directly to Nadezda Petrovicova.
You understand and agree that you are free to arrange for sessions and payment with Nadezda Petrovicova outside of the Services (“Outside Arrangements”). However, you understand and agree that Nadezda Petrovicova is entitled to a Finder’s Fee for sessions provided through Outside Arrangements. You agree to sign all the legal documents (Release of Liability and Indemnification Agreement, Privacy Policy Agreement, Terms of Service Agreement and Service Agreement) when hiring Nadezda Petrovicova outside of the Services.
3.5 – Refund/Cancellation Policy
You may cancel a session with Nadezda Petrovicova by providing at least forty-eight (48) hours’ notice through the Services, and such cancellations will result in a refund of the Credit associated with that session to your Account. In no circumstance will a cancellation of a session result in a monetary refund. If you cancel a session with less than forty-eight (48) hours’ notice, you will lose the Credit associated with that session and not be entitled to a refund of any kind. If you cancel four (4) or more sessions (except for cancellations for a Justified Reason, as defined below), with or without forty-eight (48) hours’ notice, in any twelve (12) month period, we may terminate your rights to use the Services without monetary refund for any unused Credits. The class may be cancelled, and the Credit associated with that session will be forfeited for any of the following reasons:
(a) The Participant(s) are more than ten (10) minutes late to the session; we ask that all class participants arrive to the appointment no later than 10 minutes before the class start time.
(b) Nadezda Petrovicova is unable to enter the Premises in which the session is supposed to take place.
(c) Nadezda Petrovicova is unable to find the Premises in which the session is supposed to take place and the client is unavailable to assist.
(d) The number of participants in the class exceeds the maximum number of participants allowed by the booked class type as specified in the Services.
(e) Any of the class participants are unwilling and/or unable to e-sign the waiver of liability.
Notwithstanding the foregoing, if you decide to cancel a session for a Justified Reason (as defined below), and Nadezda Petrovicova determines that the circumstances qualify as a Justified Reason, you will receive a Credit for the cancelled class. A “Justified Reason” means any time a student cancels a session for any of the following reasons:
(f) Nadezda Petrovicova is more than ten (10) minutes late to a session;
(g) Nadezda Petrovicova shows up to a session intoxicated;
(h) Nadezda Petrovicova commits a crime against a student;
(i) Nadezda Petrovicova sexually harasses a student;
(j) Nadezda Petrovicova uses foul or offensive language during
a session;
(k) Nadezda Petrovicova does any unsafe act during a session;
(l) Nadezda Petrovicova intentionally or accidentally, damages any property during a session;
(m) Nadezda Petrovicova does or allows any other act or omission that would cause a reasonable person to request the session discontinue.
3.6 – Payment Methods
Nadezda Petrovicova accepts credit card payments only. You agree to pay all fees charged to your account based on Nadezda Petrovicova’s fees, charges, and billing terms in effect as shown on the payment page when you confirm any purchases through the Services. All sales and payments will be in US Dollars.
3.7 – Identification
You agree that Nadezda Petrovicova may require you to present identification confirming that you are the Account holder of the Account that requested the session, and that failure to provide required identification may result in Nadezda Petrovicova cancelling the session and your loss of payment or credit for that session. Further, Nadezda Petrovicova may require any of your invitees in a group session to provide identification prior to accepting their liability waivers required for participation in the group session.
3.8 – Your Conduct
You agree not to use the Services for any purpose other than to request, schedule and pay for yoga sessions offered by Nadezda Petrovicova. You agree not to cause any nuisance, harass Nadezda Petrovicova, or otherwise act offensively towards Nadezda Petrovicova. Failure to conduct yourself as required by this Agreement may result in Nadezda Petrovicova cancelling the session and your loss of payment or credit for that session and may result in Nadezda Petrovicova terminating your access to the Services without refund.
3.9 – Contact with You
You agree that Nadezda Petrovicova may contact you about your use of the Services, including Nadezda Petrovicova’s arrival at the chosen session location, through (i) the Services themselves, (ii) your email address on file, (iii) your mobile phone number on file (via text message or phone call, including automatic phone calling systems), and (iv) any other contact information you have provided to Nadezda Petrovicova. Notwithstanding the foregoing, you may opt out of receiving text messages from Nadezda Petrovicova at any time by requesting to opt out through the Services.
3.10 – Device
You shall be solely responsible for having a mobile device or other digital device compatible with the Services (a “Device”), and for any payments or fees required to keep the Device operational (including internet access and associated data usage fees). Nadezda Petrovicova reserves the right to modify the compatibility requirements for Devices to access the Services in Nadezda Petrovicova’s sole and absolute discretion.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Nadezda Petrovicova own’s all legal right, title and interest in and to the Services and Content, including, but not limited to, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Nadezda Petrovicova. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any material is strictly prohibited without the express written consent of the owner or license.
5 – THIRD PARTY SERVICES; INDEMNIFICATION
5.1 – Third Party Web Services
The Services may provide links to third party Services that are not owned or controlled by Nadezda Petrovicova, including, but not limited to, Square, Paypal, Facebook, Twitter, LinkedIn (“Third Party Services”). We provide such links solely as a convenience to you. Nadezda Petrovicova does not review, approve, endorse, or make any representations about such Third Party Services, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Services, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Services linked to the Services, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Services. Your use of Third Party Services is subject to the terms of use and privacy policies located on the linked to Third Party Services which may be different from this Agreement or Nadezda Petrovicova’s Privacy Policy, including, without limitation, such Third Party Services’ password and account security policies and user-generated content posting and acceptable use policies.
5.2 – Indemnification
You hereby agree to defend, indemnify and hold Nadezda Petrovicova harmless from and against, any and all losses, liabilities, damages, and/or claims (including, but not limited to, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Services or Content.
6 – DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. NADEZDA PETROVICOVA, ON BEHALF OF HERSELF, HER AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SERVICES, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SERVICES, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND CONTENT.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND NADEZDA PETROVICOVA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NADEZDA PETROVICOVA OR ANY PERSON ON BEHALF OF NADEZDA PETROVICOVA SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT NADEZDA PETROVICOVA’S PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7 – LIMITATION OF LIABILITY
7.1 –
IN NO EVENT SHALL NADEZDA PETROVICOVA BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE) WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF NADEZDA PETROVICOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 –
IF, NOTWITHSTANDING THE FOREGOING, NADEZDA PETROVICOVA IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT, NADEZDA PETROVICOVA’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID NADEZDA PETROVICOVA THROUGH THE SERVICES; AND (B) THE SUM OF TWO HUNDRED FIFTY US DOLLARS (US$250).
7.3 –
NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT NADEZDA PETROVICOVA’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH LIABILITY OF NADEZDA PETROVICOVA WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
8.1 – Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at connect@nyogateacher.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO NADEZDA PETROVICOVA’S ENFORCEMENT AND PROTECTION OF HER NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services provided or billed to you (such as our licensors, suppliers, dealers) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Nadezda Petrovicova has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Nadezda Petrovicova for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Montgomery County, Maryland, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the Commonwealth of Maryland, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
8.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Maryland, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration proceedings must be in Montgomery County, Maryland. Any court proceedings relating to this Agreement must be in the state courts of Montgomery County, Maryland or the Federal District Court of the District of Maryland sitting in Greenbelt, Maryland. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
9 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 – Electronic Communications
Whenever you use Nadezda Petrovicova’s Services or send emails to her, you are communicating with her electronically. For that reason, you also consent to receive communications from Nadezda Petrovicova electronically. Nadezda Petrovicova will communicate with you by email (using your email address provided to us in the Account), by posting notices on our Services or by such other means as she may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2– General Terms
Nadezda Petrovicova may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Services including any account thereon, without notice, for any reason in Nadezda Petrovicova’’s sole discretion, including, but not limited to, breach of this Agreement, Nadezda Petrovicova’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Nadezda Petrovicova or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and Nadezda Petrovicova regarding its subject matter. Nadezda Petrovicova will not be responsible for failures to fulfil any of her obligations due to causes beyond its control. The failure of Nadezda Petrovicova to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that Nadezda Petrovicova shall be a third party beneficiary hereunder. Nadezda Petrovicova may assign or transfer her rights, or delegate any performance, under this Agreement to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to any third party without in each and every case, Nadezda Petrovicova’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Services or Content shall survive such termination.