Welcome to uTalentd, a premier platform designed to enhance the connection between freelancers, referred to as Talents, and companies seeking specialized services. This User Agreement governs your access to and use of the uTalentd platform, ensuring a transparent and beneficial experience for all parties involved.

uTalentd is operated by:

• Company Name: OG-ZONE SAS
• Designation: OG-ZONE
• Business Unit: Solutions & Systems
• SIRET Number: 83075629200017
• VAT Number: FR67830756292
• Registered Address: 1 rue George Stephenson, 78180 Montigny Le Bretonneux, France
• Contact Email: contact@og-zone.com

OG-ZONE SAS is referred to as "we", "us", or "our" in this User Agreement. As a user of the uTalentd platform, you are referred to as "you" or "your".

By creating an account, accessing, or using the uTalentd platform, you acknowledge that you have read, understood, and agreed to be bound by this User Agreement and our Privacy Policy. It is important to read this document carefully as it forms a binding legal agreement between you and OG-ZONE SAS.

• Eligibility: Use of the uTalentd platform is intended for parties that can lawfully enter into and form contracts under applicable law. If you are using the platform on behalf of an organization, you must have the authority to agree to this User Agreement on behalf of that organization.
• Consent: By using the uTalentd platform, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy.
• Updates to Agreement: We reserve the right to modify this User Agreement at any time. Such modifications will be effective immediately upon posting on the platform or being communicated to you via the designated communication channels. Your continued use of the platform after any modifications indicates your acceptance of the new terms.

This User Agreement is governed by the laws of France, without regard to its conflict of law provisions. You agree that any legal action related to the uTalentd platform will be subject to the jurisdiction of the courts of France.

This introduction sets the stage for the guidelines and obligations that will define your interaction with the uTalentd platform and other users. It highlights your rights and responsibilities to ensure that your experience on the platform is productive and compliant with applicable laws.

To access and use the features of the uTalentd platform, you must first register and create a user account. During the registration process, you are required to provide accurate and complete information to facilitate your use of the platform and ensure effective communication. The following details are typically necessary for registration:

• Personal Information: Includes your name, contact information, and professional credentials. This information must be current and regularly updated to reflect any changes.
• Account Details: You will need to create a username and password. In some cases, additional details such as payment information or identification verification may be required, depending on the nature of the services or features you intend to use.

By completing the registration process, you warrant that:

• The information provided is truthful and accurate.
• You will update your information promptly if any changes occur.
• You are legally competent to enter into contracts.

Maintaining the security and integrity of your user account is a critical obligation as a user of the uTalentd platform. You are solely responsible for the activities that occur under your account, including the security of your account credentials. To enhance account security, you should adhere to the following guidelines:

• Password Security: Choose a strong password that includes a mix of letters, numbers, and symbols, and change it periodically to reduce the risk of unauthorized access.
• Confidentiality: Keep your username and password confidential. Do not share these credentials with others.
• Unauthorized Use: If you suspect or become aware of any unauthorized use of your account or any security breach, you are required to notify us immediately. OG-ZONE SAS will take necessary actions to address the issue but is not liable for any loss or damage arising from your failure to comply with this security obligation.
• Access Controls: Regularly review the access and permissions associated with your account to ensure that they are appropriate and that former employees or associates no longer have access if they are no longer connected to your activities.

You are responsible for all activities conducted through your account, and you will bear the consequences of any misuse unless such misuse can be clearly proven to be the fault of another party where you have taken all reasonable security precautions.

This section of the User Agreement serves to emphasize the importance of the information you provide at registration and the continuous responsibility you hold for the security of your account. By following these guidelines, you help maintain the integrity and safety of both your own user experience and that of the entire uTalentd community.

The uTalentd platform is designed to facilitate a productive and positive interaction between freelancers (Talents) and companies seeking specialized services. To ensure that all users benefit from these services, the platform must be used in accordance with the following permitted uses:

• Professional Engagement: Users are encouraged to engage professionally, respecting the purpose of the platform, which is to facilitate business and creative collaborations.
• Compliance with Terms and Policies: Users must comply with all the terms of this User Agreement, as well as any other policies or guidelines provided by uTalentd. This includes respecting all operational procedures and security measures implemented by the platform.
• Respectful Communication: Interactions on the platform should be conducted with respect and professionalism. Users should communicate clearly and honestly, avoiding any behavior that could be deemed offensive or inappropriate.

To maintain the integrity and functionality of the uTalentd platform, certain activities are strictly prohibited. Engaging in any of these activities may result in suspension or termination of your account, legal action, and potential liability. Prohibited activities include, but are not limited to:

• Spamming: Sending unsolicited communications, including spam or excessive messages, is prohibited. Users must respect the communication preferences of others and abide by all applicable laws regarding electronic communications.
• Fraudulent Activities: Engaging in fraud, deceit, or misrepresentation is strictly prohibited. This includes falsifying information, impersonating other individuals or entities, or manipulating information to gain unauthorized benefits.
• Intellectual Property Infringement: Users must not upload, post, or otherwise disseminate content that infringes on the intellectual property rights of others. This includes unauthorized use of copyrighted material, trademarks, or any other proprietary content without express permission from the rightful owner.
• Illegal Activities: Users are prohibited from using the platform to conduct, promote, or facilitate illegal activities. This includes the exchange of items that are illegal, violating export control laws, or engaging in criminal activities.
• Harmful or Malicious Activities: Introducing viruses, worms, harmful code, or other software that can disrupt, overload, or damage the operation of the platform, or intercept any data or personal information from it.
• Harassment and Abuse: Harassing, threatening, or abusing other users in any manner is not tolerated. This includes verbal abuse, bullying, and any other forms of intimidation.
• Unauthorized Access and Interference: Users must not attempt to gain unauthorized access to the platform’s servers or associated computers, or engage in activities that disrupt the services or lower the performance of the platform.

OG-ZONE SAS reserves the right to monitor user activities on the platform to ensure compliance with these terms. We may take any action deemed appropriate upon detection of any prohibited activities, including temporary or permanent removal of content, suspension of user accounts, and legal action, if necessary.

By using the uTalentd platform, you acknowledge and agree to adhere strictly to these usage conditions, thereby ensuring that the platform remains a reliable and reputable resource for all users.

uTalentd offers a dynamic and specialized platform designed to connect Talents (freelancers) with companies seeking specific services. Here is an overview of how our services facilitate these connections:

1. Prospection and Listing: uTalentd actively promotes Talent profiles to companies through various channels, including email, phone calls, and physical mail (via a catalog). We list companies and their project needs in a dedicated section on our platform, where projects are detailed with information such as expected completion dates, rates per service, and other specific requirements related to the project and the company.
2. Making Offers: Talents can browse the list of companies and projects on the platform. If a Talent finds a project that aligns with their skills and interests, they can submit an offer through the platform, proposing their profile and rates to the prospective company.
3. Selection and Assignment: Companies receive a catalog of Talent profiles and can choose a Talent whose skills and offerings meet their project needs. Interested companies can then register on the uTalentd platform (if they haven’t already), and assign the selected Talent to their project, which then becomes a mission for the Talent to complete.
4. Execution and Completion: Talents are responsible for completing the assigned mission within the stipulated timeframe as agreed in the project specifications.
5. Validation and Payment: Upon completion of the mission, the company is required to review and validate the work. Once validated, payment is processed to the Talent within a reasonable timeframe, ensuring fair compensation for the services rendered.

While OG-ZONE SAS strives to ensure that the uTalentd platform is reliable and available at all times, we cannot guarantee uninterrupted or error-free operation. The availability of our services may be affected by factors outside our control, including but not limited to, technical issues, maintenance procedures, and updates.

• Scheduled Downtime: We may occasionally need to perform maintenance on our systems or platform, which could necessitate a temporary shutdown. We aim to conduct such maintenance during off-peak hours and will provide users with advance notice whenever possible.
• Unforeseen Interruptions: In cases of unexpected disruptions due to technical failures, cyberattacks, or natural events, we will endeavor to restore service as quickly as possible but cannot guarantee immediate recovery or data integrity in such events.
• Modifications and Discontinuation: OG-ZONE SAS reserves the right to modify or discontinue, temporarily or permanently, the services or any part of the platform without prior notice. We commit to informing users promptly of significant changes that could impact their use of the platform.

Users of uTalentd acknowledge these conditions regarding service availability and agree to not hold OG-ZONE SAS liable for any inconvenience or interruption in service.

uDiscover

• Description: Entry-level plan suitable for beginners.
• Features: Limited contact/offer credits, basic profile promotion.

uPro

• Description: Intermediate plan for experienced users.
• Features: Increased contact/offer credits, enhanced profile promotion, additional support.

uExpert

• Description: Advanced plan for professionals.
• Features: Maximum contact/offer credits, premium profile promotion, priority support.

5.2.1 Fees

• Subscription fees vary based on the chosen plan.
• Fees are billed on a [monthly/annual] basis.
• A one-time setup fee of [amount] is charged for the first subscription.

5.2.2 Billing Cycles

• Users are billed at the beginning of each billing cycle.
• Payment must be made using accepted payment methods (e.g., wire-transfer, credit card, PayPal).

5.3.1 Notice Period

• Subscriptions can be canceled with a notice period of 4 weeks.
• Notice must be given through the account settings or by contacting customer support.

5.3.2 Refunds

• No refunds are provided for unused portions of the subscription period.
• Prorated refunds may be offered if OG-ZONE SAS terminates the subscription without cause.

5.3.3 Process

• To cancel, users must follow the cancellation process outlined on the platform.
• Upon cancellation, users will retain access to the subscription benefits until the end of the notice period.

By subscribing to uTalentd, you agree to the payment terms and conditions outlined above. OG-ZONE SAS reserves the right to modify subscription plans and fees with prior notice to users.

All users of the uTalentd platform are required to comply with all applicable local, national, and international laws and regulations in their use of the platform. This responsibility includes, but is not limited to, adhering to laws pertaining to contracts, employment, trade, privacy, and intellectual property rights. Users must also ensure that their interactions on the platform do not violate any legal standards or engage in conduct that is unlawful.

• Regulatory Compliance: Users engaging in businesses that are regulated must ensure that they are compliant with relevant sector-specific laws, such as those governing freelance work, data protection, and digital communications.
• International Users: Users accessing the platform from outside France must comply with their respective local laws in addition to applicable French laws.

To maintain a trustworthy and efficient platform, it is imperative that all information provided by users during registration, and throughout their use of uTalentd, is accurate and current. This includes personal information, professional credentials, contact details, and any content uploaded or shared on the platform.

• Account Details: Users must ensure that all account registration and profile information remains true, complete, and up-to-date. Any changes in circumstances, such as contact information or professional status, should be promptly updated on the platform.
• Veracity of Content: The information and content provided or posted by users, including project descriptions, proposals, and profile information, must be accurate and not misleading. Misrepresentation can lead to account suspension or termination and potential legal action.
• Reporting Changes: Users are responsible for notifying uTalentd of any inaccuracies or changes in the information provided as soon as they become aware of them. This helps maintain the integrity and accuracy of the platform.

Users are advised to keep thorough records of their communications and transactions on the platform, including contracts, agreements, work deliverables, and financial transactions. This practice is crucial for resolving any disputes, proving compliance with tax and employment laws, and maintaining proper business records.

• Documentation: Maintain copies of all agreements, communications, and transactions related to your activities on uTalentd. This documentation can be crucial for dispute resolution and for verifying transactions in the event of audits or legal inquiries.

By agreeing to these User Responsibilities, users affirm their commitment to uphold the integrity and legality of their activities on the uTalentd platform. Non-compliance with these responsibilities may result in restricted access to the platform, legal action, or other penalties as determined by OG-ZONE SAS in accordance with applicable laws.

OG-ZONE SAS retains all ownership rights over the intellectual property pertaining to the uTalentd platform. This includes, but is not limited to, the design, layout, look, appearance, graphics, software, and underlying source codes of the platform. The ownership also extends to all trademarks, service marks, branding, and logos used in connection with uTalentd.

• Platform Content: All content created by OG-ZONE SAS, which includes text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of OG-ZONE SAS and is protected by international copyright and other intellectual property laws.
• Protection and Enforcement: OG-ZONE SAS actively protects its intellectual property rights to the fullest extent of the law. Unauthorized use, reproduction, or redistribution of any element of the platform without explicit permission from OG-ZONE SAS is prohibited and may result in civil and criminal penalties.

When you, as a user, post, upload, input, provide, or submit any content to the platform (referred to as "User Content"), you grant OG-ZONE SAS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.

• Scope of License: This license allows OG-ZONE SAS to use the User Content for the operation, promotion, and improvement of the uTalentd platform. This includes the right to make User Content available to, and pass these rights along to, others with whom OG-ZONE SAS has contractual relationships related to the provision of the uTalentd services, solely for the purpose of providing those services.
• Purpose of Use: The license is intended to facilitate the functionality of the uTalentd platform, enhance user experience, and promote user services to prospective clients. For example, showcasing user profiles and portfolios in marketing materials or in promotional campaigns.
• User Warranties: You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OG-ZONE SAS for all claims resulting from content you supply.

OG-ZONE SAS respects the intellectual property of others and asks users of the platform to do the same. If you believe that your intellectual property rights have been infringed upon in any manner that is exposed through the uTalentd platform, please notify us by providing a detailed description of the alleged infringement.

By understanding and respecting these Intellectual Property terms, users help maintain a creative, legal, and ethical environment on uTalentd, which benefits all members of the platform's community.

OG-ZONE SAS strives to ensure the highest level of service and reliability. However, in no event shall OG-ZONE SAS, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the platform;
• Any conduct or content of any third party on the platform;
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The total liability of OG-ZONE SAS for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the platform or the services within the last twelve months before the act giving rise to the liability.

OG-ZONE SAS does not guarantee that the services it provides will be uninterrupted, secure, or free from errors or that any defects in the service will be corrected. The platform and all included content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from OG-ZONE SAS or through the platform will create any warranty not expressly stated herein. Without limiting the foregoing, OG-ZONE SAS, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the platform will meet your requirements; that the platform will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that the platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the platform is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the platform.

The User Agreement, and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of France. All parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

To foster a constructive resolution of conflicts that might arise during the use of the uTalentd platform, the following structured dispute resolution process is adopted:

• Initial Dispute Resolution: We believe that most disputes can be resolved informally and efficiently by contacting our customer support team. We encourage users to contact us directly at [Insert Contact Information] to seek a resolution before pursuing more formal steps.
• Mediation: If the dispute cannot be resolved through direct contact and negotiation, the parties agree to participate in good faith in the mediation process, which shall be conducted by a neutral, independent mediator agreed upon by all parties. Each party shall bear its own costs in mediation, and the parties will share equally the fees of the mediator unless otherwise agreed upon during mediation.
• Arbitration: Should mediation fail to resolve the dispute within thirty (30) days of initiation, the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Paris, France, and the language of the arbitration shall be French. The arbitral decision may be enforced in any court of competent jurisdiction.
• Exclusions from Arbitration: Notwithstanding the above, the parties agree that claims pertaining to intellectual property rights, illegal use, and recovery of damages for breach of confidentiality or privacy issues may be taken to the courts of competent jurisdiction in France.

Users agree that any disputes will be resolved on an individual basis, and that any claims brought under this agreement must be brought in the capacity of an individual, and not as a plaintiff or class member in any purported class or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

In the event that the agreement to arbitrate is found not to apply to you or your claim, or if you opt out of the arbitration agreement, you agree that any judicial proceeding will be brought in the courts of France, and you consent to the venue and personal jurisdiction there.

Both users and OG-ZONE SAS have the right to terminate the use of the uTalentd platform under certain conditions:

• User-Initiated Termination: Users may terminate their agreement with OG-ZONE SAS and close their uTalentd account at any time and for any reason by following the account closure procedures specified on the uTalentd platform. This involves navigating to the account settings and selecting the option for account closure or by contacting customer support directly to assist in the process.
• OG-ZONE SAS-Initiated Termination: OG-ZONE SAS reserves the right to terminate a user's access to all or part of the platform at any time for:
  • Violation of these Terms of Service, including, but not limited to, failure to comply with the rules of conduct laid out in previous sections.
  • Actions that could harm other users, OG-ZONE SAS, or the reputation of the platform.
  • Legal or regulatory reasons, such as court orders or changes in the law that render user participation unlawful or no longer feasible.
• Automatic Termination: Accounts that remain inactive for an extended period (typically over one year) may be automatically closed by OG-ZONE SAS to ensure the security and active management of the platform.

The consequences and obligations following the termination of an account include:

• Access Revocation: Upon termination, the user will lose access to their account and all associated services. This includes access to both public and private content, user profiles, and any other data associated with the account.
• Data Retention and Deletion: Following termination, OG-ZONE SAS will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Users should export their data before closing their accounts as OG-ZONE SAS may delete or anonymize residual data after a certain period, in accordance with applicable law and company policies.
• No Refund: Users who have terminated their accounts will not be entitled to any refunds of any fees or other amounts paid prior to the termination, except as explicitly provided in these terms or required by law.
• Survival of Selected Provisions: Notwithstanding the termination, certain provisions of this agreement will continue to remain in effect, including, but not limited to, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

OG-ZONE SAS will notify the user by email or through the platform interface before taking any termination action, providing the reasons and any possible remedial actions the user can take to restore access, unless urgent or legal circumstances require immediate termination.

OG-ZONE SAS reserves the right to modify, amend, or update this User Agreement at any time and for any reason, to reflect changes in the law, changes to our services, or adjustments to our business practices. The intent of any modifications will be to clarify terms, enhance services, protect users, and keep up with the evolving nature of our business and compliance with regulatory standards.

• Scope of Modifications: Changes may include alterations to how we manage user data, introduce new services, modify existing services, or change legal and regulatory responsibilities of either party.
• Rationale: Modifications will be made to improve clarity, enhance user understanding, respond to new features, or comply with legal requirements.

OG-ZONE SAS is committed to providing transparency and clear communication regarding any changes to this User Agreement:

• Method of Notification: Users will be informed of any modifications or updates to this Agreement through acceptable means, which may include direct emails, notifications on the platform, or announcements via our official channels. The chosen method will be aimed at ensuring users are adequately informed in a timely manner.
• Timing of Notifications: Changes will be communicated to users before they take effect. Typically, notifications will be made at least 30 days in advance, giving users sufficient time to review the changes before they become active. This period may be shorter if the changes are urgent or necessary due to external legal reasons.
• User Acceptance: By continuing to use the uTalentd platform after changes to the User Agreement have been posted or communicated, users agree to be bound by the revised terms. If the changes have a material adverse effect on the users and the users do not agree to the changes, they may terminate their accounts within the notice period.

Users are encouraged to review the revised User Agreement carefully. Feedback or concerns regarding any changes can be directed to OG-ZONE SAS through the contact information provided on our platform. We value user feedback and consider it essential in maintaining a user-centric approach to our service modifications.

uTalentd is committed to protecting the privacy of its users and ensuring transparency in the collection and use of data. Here’s how we handle user information:

• Information Collection: We collect information that users provide directly when they register an account, update their profile, post content, make transactions, and communicate on the platform. This may include personal identification information such as name, email address, phone number, professional credentials, and payment details. We also automatically collect information related to how the services are accessed and used, which can include IP addresses, browser type, device information, and usage statistics.
• Purpose of Data Collection: The data collected is primarily used to:
  • Operate, maintain, and improve the services provided through the uTalentd platform.
  • Process transactions and send notices about users’ transactions or account activities.
  • Communicate with users, including responding to requests, comments, and questions.
  • Develop new tools, products, or services that benefit our user community.
  • Provide personalized content and information to users, which can include ads, marketing materials, or offers.
  • Monitor and analyze trends, usage, and activities in connection with our services.
  • Comply with legal obligations, resolve disputes, and enforce our agreements.

uTalentd acknowledges and supports the rights of its users concerning their personal data under the General Data Protection Regulation (GDPR) for users in the EU, and similar regulations applicable in other jurisdictions:

• Access and Correction: Users have the right to access the personal data we hold about them and to request that we correct, amend, or delete it if it is inaccurate or has been processed in violation of their privacy rights.
• Data Portability: Users have the right to receive their personal data, which they have provided to us, in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller without hindrance from us.
• Withdrawal of Consent: In cases where processing activities are based on your consent, you have the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
• Objection: Users have the right to object to the processing of their personal data, in particular where the processing is for direct marketing purposes.
• Restriction of Processing: Users have the right to restrict processing of their personal data under certain conditions, such as when the accuracy of the data is contested or the processing is unlawful.

uTalentd employs robust security measures to protect the integrity and confidentiality of user data against unauthorized access, alteration, disclosure, or destruction. These include, but are not limited to, encryption, firewalls, and secure socket layers.

uTalentd is committed to providing clear information about its data practices and will continuously update this privacy policy to reflect any changes in how we handle user data. Users will be notified of any significant changes to the privacy policy through our platform or through direct communication.

For a comprehensive understanding of how your data is handled, please refer to our full Privacy Policy available on the uTalentd platform. This document provides detailed information on how we collect, use, and protect user data, as well as how to exercise your rights regarding your personal data.

This User Agreement, together with any other legal notices and agreements published by OG-ZONE SAS on the platform, including the Privacy Policy, constitutes the entire agreement between you and OG-ZONE SAS regarding your use of the uTalentd platform. This agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this User Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.

• Conflict: In the event of any conflict between this User Agreement and any other agreement or policy available on the platform, this User Agreement will prevail in matters concerning the use of the platform, unless explicitly stated otherwise in the other document.

If any provision of this User Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the User Agreement shall remain in full force and effect.

• Continued Effectiveness: The invalidity or unenforceability of any provision of this User Agreement does not affect or impair the validity or enforceability of the remaining provisions. This ensures that even if one part of the agreement is found to be invalid, the rest of the agreement still stands and is enforceable.
• Adaptation and Adjustment: Should any provision of this User Agreement be found invalid or unenforceable, the parties agree to endeavor in good faith to replace the invalid or unenforceable provisions with valid ones that as closely as possible achieve the intent and economic effect of the original provisions.

No waiver of any terms, provisions or conditions of this User Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition or of any other term, provision or condition of this User Agreement.