Updated March, 20th 2023
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (THE “TERMS AND CONDITIONS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF ARLINGTON PUBLIC TRANSIT, ITS AFFILIATES OR AGENTS (“ARLINGTON PUBLIC TRANSIT” OR “WE”) WITH LINKS TO THIS TERMS AND CONDITIONS (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY ARLINGTON PUBLIC TRANSIT OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE DONATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ARLINGTON PUBLIC TRANSIT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS AND CONDITIONS. THE TERM “YOU” REFERS TO THE LEGAL ENTITY IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE AND YOU INDIVIDUALLY AND PERSONALLY AGREE TO COMPLY WITH ALL TERMS APPLICABLE TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION OR THE SERVICES.
We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for changes prior to use of the Website, and in any event your continued use of the Website or Services following the posting of changes to these Terms constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
- How It Works. Our Services include a giving system to accept and process donations from you (“Donations”) Arlington Public Transit is not a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code. Therefore, donations made to Arlington Public Transit are not tax deductible.
1.1 Donations. Donations made through the Services are final and not refundable.
1.2 Promotional Items. Some donation amounts include physical promotional items which must be shipped to the donor. Arlington Public Transit makes every reasonable effort to ship the promotional materials as described on the website in a timely manner. However, printing delays, shipping delays, material shortages and other events may make these items unavailable. Promotional items may be substituted for equivalent items or significantly delayed in their arrival to the donor.
- Disclaimer of Warranties.
12.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES IS AT YOUR SOLE RISK, AND THE ARLINGTON PUBLIC TRANSIT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ARLINGTON PUBLIC TRANSIT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(a) THE ARLINGTON PUBLIC TRANSIT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ARLINGTON PUBLIC TRANSIT PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ARLINGTON PUBLIC TRANSIT PROPERTIES WILL BE CORRECTED.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ARLINGTON PUBLIC TRANSIT PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ARLINGTON PUBLIC TRANSIT PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ARLINGTON PUBLIC TRANSIT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO STATEMENT, ADVICE, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARLINGTON PUBLIC TRANSIT OR THROUGH THE ARLINGTON PUBLIC TRANSIT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, ARLINGTON PUBLIC TRANSIT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ARLINGTON PUBLIC TRANSIT’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
12.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE ARLINGTON PUBLIC TRANSIT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ARLINGTON PUBLIC TRANSIT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. ARLINGTON PUBLIC TRANSIT MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS.
12.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES. YOU UNDERSTAND THAT ARLINGTON PUBLIC TRANSIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES. ARLINGTON PUBLIC TRANSIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT ARLINGTON PUBLIC TRANSIT DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
- Limitation of Liability.
13.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ARLINGTON PUBLIC TRANSIT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ARLINGTON PUBLIC TRANSIT PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ARLINGTON PUBLIC TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ARLINGTON PUBLIC TRANSIT PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE ARLINGTON PUBLIC TRANSIT PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ARLINGTON PUBLIC TRANSIT PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ARLINGTON PUBLIC TRANSIT PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE ARLINGTON PUBLIC TRANSIT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE ARLINGTON PUBLIC TRANSIT PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50) IN THE AGGREGATE.
13.3 User Content. THE ARLINGTON PUBLIC TRANSIT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARLINGTON PUBLIC TRANSIT AND YOU.
13.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU OR THESE TERMS, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Procedure for Making Claims of Copyright Infringement. It is ARLINGTON PUBLIC TRANSIT’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to ARLINGTON PUBLIC TRANSIT by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ARLINGTON PUBLIC TRANSIT Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the ARLINGTON PUBLIC TRANSIT Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ARLINGTON PUBLIC TRANSIT’s Copyright Agent for notice of claims of copyright infringement is as follows:
contact@arlingtonpublictransit.com
- Term and Termination.
15.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the ARLINGTON PUBLIC TRANSIT Properties, unless terminated earlier in accordance with the Terms.
15.2 Prior Use. Notwithstanding the foregoing, if you used the ARLINGTON PUBLIC TRANSIT Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the ARLINGTON PUBLIC TRANSIT Properties (whichever is earlier) and will remain in full force and effect while you use the ARLINGTON PUBLIC TRANSIT Properties, unless earlier terminated in accordance with the Terms.
15.3 Termination of Services by ARLINGTON PUBLIC TRANSIT. ARLINGTON PUBLIC TRANSIT reserves the right to modify, suspend or terminate any Services provided to you at any time for any reason. You agree that all terminations for cause shall be made in ARLINGTON PUBLIC TRANSIT’s sole discretion and that ARLINGTON PUBLIC TRANSIT shall not be liable to you or any third party for any termination of your Account.
15.4 Termination of Services by You. If you want to terminate the Services provided by ARLINGTON PUBLIC TRANSIT, you may do so by (a) notifying ARLINGTON PUBLIC TRANSIT at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to ARLINGTON PUBLIC TRANSIT’s address set forth below.
15.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. ARLINGTON PUBLIC TRANSIT will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- Remedies.
16.1 Violations. If ARLINGTON PUBLIC TRANSIT becomes aware of any possible violations by you of the Terms, ARLINGTON PUBLIC TRANSIT reserves the right to investigate such violations. If, as a result of the investigation, ARLINGTON PUBLIC TRANSIT believes that criminal activity has occurred, ARLINGTON PUBLIC TRANSIT reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. ARLINGTON PUBLIC TRANSIT is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the ARLINGTON PUBLIC TRANSIT Properties, including Your Content, in ARLINGTON PUBLIC TRANSIT’s possession in connection with your use of the ARLINGTON PUBLIC TRANSIT Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of ARLINGTON PUBLIC TRANSIT, its Users or the public, and all enforcement or other government officials, as ARLINGTON PUBLIC TRANSIT in its sole discretion believes to be necessary or appropriate.
16.2 Breach. In the event that ARLINGTON PUBLIC TRANSIT determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the ARLINGTON PUBLIC TRANSIT Properties, ARLINGTON PUBLIC TRANSIT reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to ARLINGTON PUBLIC TRANSIT) that you have violated the Terms;
(b) Delete any of Your Content provided by you or your agent(s) to the ARLINGTON PUBLIC TRANSIT Properties;
(c) Discontinue your registration(s) with the any of the ARLINGTON PUBLIC TRANSIT Properties, including any Services or any ARLINGTON PUBLIC TRANSIT community;
(d) Discontinue your subscription to any Services;
(e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(f) Pursue any other action which ARLINGTON PUBLIC TRANSIT deems to be appropriate.
16.3 No Subsequent Registration. If your registration(s) with or ability to access the ARLINGTON PUBLIC TRANSIT Properties, or any other ARLINGTON PUBLIC TRANSIT community is discontinued by ARLINGTON PUBLIC TRANSIT due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the ARLINGTON PUBLIC TRANSIT Properties or any ARLINGTON PUBLIC TRANSIT community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those ARLINGTON PUBLIC TRANSIT Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, ARLINGTON PUBLIC TRANSIT reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- International Users. The ARLINGTON PUBLIC TRANSIT Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that ARLINGTON PUBLIC TRANSIT intends to announce such Services or Content in your country. The ARLINGTON PUBLIC TRANSIT Properties are controlled and offered by ARLINGTON PUBLIC TRANSIT from its facilities in the United States of America. ARLINGTON PUBLIC TRANSIT makes no representations that the ARLINGTON PUBLIC TRANSIT Properties are appropriate or available for use in other locations. Those who access or use the ARLINGTON PUBLIC TRANSIT Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- General Provisions.
18.1 Electronic Communications. The communications between you and ARLINGTON PUBLIC TRANSIT use electronic means, whether you visit the ARLINGTON PUBLIC TRANSIT Properties or send ARLINGTON PUBLIC TRANSIT e-mails, or whether ARLINGTON PUBLIC TRANSIT posts notices on the ARLINGTON PUBLIC TRANSIT Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from ARLINGTON PUBLIC TRANSIT in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ARLINGTON PUBLIC TRANSIT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
18.2 Release. You hereby release the ARLINGTON PUBLIC TRANSIT Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the ARLINGTON PUBLIC TRANSIT Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the ARLINGTON PUBLIC TRANSIT Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.”
18.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ARLINGTON PUBLIC TRANSIT’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18.4 Force Majeure. ARLINGTON PUBLIC TRANSIT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.5 Compliance. If you believe that ARLINGTON PUBLIC TRANSIT has not adhered to the Terms, please contact ARLINGTON PUBLIC TRANSIT by emailing us at contact@arlingtonpublictransit.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
18.6 Limitations Period. YOU AND ARLINGTON PUBLIC TRANSIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE ARLINGTON PUBLIC TRANSIT PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.7 Forum Selection Clause. Any action brought against ARLINGTON PUBLIC TRANSIT shall be brought solely and exclusively in the General Court of Justice, of Superior Court Division of Wake County North Carolina, and that no other court shall have jurisdiction to hear your claims.
18.8 Choice of Law. These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of North Carolina.
18.9 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.10 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
18.11 Export Control. You may not use, export, import, or transfer the ARLINGTON PUBLIC TRANSIT Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the ARLINGTON PUBLIC TRANSIT Properties, and any other applicable laws. In particular, but without limitation, the ARLINGTON PUBLIC TRANSIT Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the ARLINGTON PUBLIC TRANSIT Properties, 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. You also will not use the ARLINGTON PUBLIC TRANSIT Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by ARLINGTON PUBLIC TRANSIT are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the ARLINGTON PUBLIC TRANSIT products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
18.12 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.