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Effective September 1, 2013
cignew e-cigarette - terms of offer
IF YOU ARE UNDER THE AGE OF 18, OR 19 IF YOU RESIDE IN ALASKA, ALABAMA, NEW YORK, NEW JERESEY, OR UTAH, YOU ARE NOT WELCOME ON THIS SITE AND WE KINDLY BUT STAUNCHLY ASK THAT YOU DO US, AS WELL AS YOURSELF, A FAVOR AND LEAVE IMMEDIATELY. BEING ON THIS SITE IS A REPRESENTATION FROM YOU THAT YOU ARE A MINIMUM OF 18, OR 19 YEARS OF AGE (WHERE APPLICABLE).
OUR PRODUCTS MAY NOT BE PURCHASED IF YOU CURRENTLY RESIDE IN THE STATE OF OREGON. OUR APOLOGIES, BUT RULES AND RED TAPE ARE NOT TO BE BROKEN.
ALL OF OUR PRODUCTS, ELECTRONIC CIGARETTES AND OTHERWISE ARE NOT INTENDED AS “CESSATION” OR “STOP SMOKING” OR “QUIT SMOKING” DEVICES. THEY ARE SATISFYING, GRATIFYING, DELICIOUS, ENJOYABLE, FUN ALTERNATIVES TO TOBACCO SMOKING AND THEY DO SUPPLY NICOTINE THROUGH A PERSONALLY ATOMIZING/ VAPORIZING DEVICE.
NICOTINE IS HIGHLY ADDICTIVE, AND SOME MAY SAY IT IS DANGEROUS. EVEN IN ITS LOWEST DOSES, IT HAS THE POTENTIAL TO CAUSE A VARIETY OF SIDE EFFECTS INCLUDING (THOUGH NOT LIMITED TO) NAUSEA, VOMITING, HIGH BLOOD PRESSURE, AND CANCER.
NO ONE BELOW THE AGE OF 18 SHOULD USE THESE PRODUCTS.
NO PERSON WHO IS PREGNANT OR BREASTFEEDING/ NURSING SHOULD USE OUR PRODUCTS.
INFORMATION AND STATEMENTS REGARDING THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND THEY ARE IN NO WAY INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY AILMENT OR DISEASE.
Statements made on this site, or any of the materials, products, e-liquids, or devices distributed or sold by www.cignew.com have not been evaluated by the Food and Drug Administration. These products are not intended in any way to help users to stop smoking. They are not stop smoking devices, cessation devices, or made to assist in quitting smoking. They have not been made with the intention to diagnose, treat, cure, or prevent any disease known to modern medicine. If you are pregnant, nursing, taking medications, or have a history of heart conditions, we highly suggest you go with the intelligent course of action and consult a physician or official medical professional before using any of our products. Better safe than sorry, you know?
Just to keep it all clear and out in the open, the price of all of our Products may vary and you can expect that they will be blatantly disclosed adjacent to the Product on the Website. You can expect that your credit card will be billed for this amount on the date your order is placed, and it will appear as a separate transaction on your billing statement. Please understand that you manifest YOUR AGREEMENT to ordering any of our Products as well as to this immediate charge by clicking any button containing the words of confirmation including 'Submit' ‘Confirm my Order’ ‘Confirm This Purchase’ 'Yes Please', 'I Agree', 'Rush My Order', or similar syntax, whether You have read these terms or not.
The delivery confirmation policy
We can’t control everything that goes on in this world of ours, and as much as we’d like to guarantee nothing will ever go wrong, that’s a rather naïve mindset to have in the world of business. With that said, knowing any number of instances beyond our control can occur at your shipping address, you agree that any delivery confirmation (and that includes those that which do not warrant a signature) provided by the shipping provider you have selected is deemed sufficient as proof of delivery to you as the credit card holder responsible for this transaction.
Cancellation of future deliveries of cignew products
You are always free to cancel or modify any future deliveries of Cignew refill products. In order to do so, You must call our Customer Service Department at 1-847-255-7000 or e-mail at email@example.com and we are available Mon-Fri: 10am – 9pm CST. You will, however, be responsible for payment of any Products that have either already been shipped to you, or have been delivered at the time of your call.
The Return Policy
No getting around it;
ALL SALES ARE FINAL.
Returns and replacements will only be accepted if the product purchased is different from the product that you have received.
Terms of service
The Terms of Service ('TOS') serves as a legally binding agreement made by and between Cignew ('we' or 'us') and you, personally and, if applicable, on behalf of any entity for whom you may be using this web site (collectively, 'you'). This TOS governs your usage of the www.Cignew.com web site ('Web Site') and the services we offer on this Web Site ('Services'), so for your own personal benefit, please read it carefully.
BY USING OR ACCESSING ANY PART OF THIS WEBSITE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE, OR TOS. IF YOU ARE NOT IN AGREEMENT WITH BEING BOUND, SIMPLY DO NOT ACCESS OR USE THIS WEBSITE.
PLEASE BE AWARE THAT INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS ARE SUBJECT TO FREQUENT CHANGES. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TERMS OF SERVICE, OR TOS, AT ANY TIME. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISIONS OF THIS TERMS OF SERVICE THAT MAY BE PUBLISHED ON THIS WEBSITE.
1. Terms of using the web site.
(a) Eligibility. With the exceptions expressed below, services are to be used only by, and Membership is limited to, only those individuals who can form legitimate, legally binding contracts under applicable law. This goes without limitation, as minors are strictly prohibited from becoming Cignew Members and, except as specifically stated below, using our fee-based Services. Cignew Membership is defined by engaging in and completing a purchase agreement with Cignew wherein you, the consumer purchase one of the products found on the Web Site.
(b) Compliance. Simply put; you must comply with all terms and conditions of this TOS, all of the policies referenced below, and all of the necessary applicable laws, regulations and rules when you use the Web Site.
(c) License and Restrictions. You are hereby granted a limited, non-exclusive right to use any of the content and materials on this Website in the normal course of your use of the Website, Subject to the terms and conditions of this Terms of Service. You are not free to use any third party intellectual property without the expressly written permission of the applicable third party, except as permitted by law. The Website will retain all ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Terms of Service or otherwise, except as expressly set forth in this Terms of Service. You have no right to copy, use, perform, display, or create derivative works from, transmit, distribute, have distributed, or sublicense from materials or content available on the Web Site, except as expressly set forth in this Terms of Service. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. When using this Cignew Website and Services, you are prohibited from (i) infringing any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; (ii) defaming, abusing, harassing, stalking and individual, or disrupt or interfere with the security or use of the Services, this Website, or any of the websites linked to this Website; (iii) interfering or damaging this Website or Services which include without limitation, the use of viruses, Trojan horses, cancel bots, flood pings, harmful code, packet or IP spoofing, denial of attacks, forged routing or electronic mail address information or similar methods of technology used in a malignant manner; (iv) attempting to use another person’s user account, impersonating another entity or person, misrepresentation of your affiliation with another entity or person, and this includes, without limitation, the Website or the creation of a false identity; (v) attempting to obtain unauthorized access to this Website or portions of the Website that are restricted from general access; (vi) engaging, whether in a direct or indirect manner, in the transmission of “spam,” junk mail, chain letters, or any other type of unsolicited solicitation or material; (vii) collecting, manually or through an electronic and/or automatic process, information regarding any other user(s) without their express consent, or other information relating to the Website or the Services; (viii) using any meta tags, or any other “hidden text” that may utilize the Cignew name, any trademarks, or product names; (ix) advertising, offering to sell, or the selling of any goods or services, except as it may be expressly permitted by the Website; (x) engaging in any activity that may interfere with any third party’s ability to use or enjoy the Website or Services; or (xi) assisting any third party that may be engaging in any of these activities prohibited by this Terms of Service (TOS).
(e) Other Users. If for some reason, you become aware of any conduct that is in violation of this Terms of Service, we strongly encourage you to contact our Customer Service department immediately. We reserve the right, but hold no obligation to respond to such communications.
2. Your content.
(a) License. It is your free will that brings you to the Website, and this very same free will that will lead you to leave behind content. When you choose to post, store, or transmit any content or information on or to the Website, you are hereby granting us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, right and license to use, display, copy, perform, intentionally create derivative works from, transmit, distribute, have distributed, and sublicense such content in any form, in any form of media currently used/ known or hereinafter created, anywhere in the world it may occur. You are hereby irrevocably waiving any claims that may be made based on moral rights or similar theories, if any truly exist.
(b) Objectionable Content. Be conscious of the content you submit to the Website; use common sense. As much as we’d like to, we are unable to control the disposition of user-generated content offered on the Website. As an adult, legally able to use this Website, you are solely responsible for you interactions with other users of the site and any of the content you create and post. Cignew will not be held liable for any of the damage or harm that occurs as a result of any content you create, or those which may occur as a result of your interactions with other users of the Website. We reserve the right, but are not obligated in any way, to monitor the actions of users; you as well as others, including interactions, on the Website. We reserve the right to restrict access, restrict availability or to take any action we deem necessary in controlling materials that we or other users of the Website consider to be lewd, lascivious, obscene, filthy, excessively violent, harassing, or in any way otherwise objectionable (and this includes without limitation, because it violates this Terms of Service).
3. Accuracy of information.
Humans create all of the content on our Website; in attempt to assure everything is accurate, we want to make it clear that there is a margin for the possibility of error. We exert all powers in attempt to ensure that all information provided on this Website is accurate and complete, however it is possible that this information may contain irregularities such as typographical errors, pricing errors, and other inaccuracies or errors. We assume no responsibility for these errors and omissions, and we reserve the right to: (i) revoke any offer that has been states on the Website; (ii) correct any of these inaccuracies, errors, or omissions; and (iii) makes any necessary revisions or changes to prices, content, promotions, descriptions of product or specifications, or any other type of information on the Website.
4. Sales tax.
Most purchases are subject to sales tax; expect to see it charged on your order total. Should you purchase any products available on the Cignew Website ('Products'), you are explicitly responsible for paying any of the applicable sales tax indicated on the Website.
Watch your step if you’re dabbling in fraud; we don’t play around. We reserve the right, but are in no way obligated, to actively report and/ or prosecute actual and suspected credit card fraud. Should there be a need to, it is in our discretion to require you to provide additional authorization from you such as telephone confirmation of your order, and possibly other information as well. We also reserve the right to cancel, delay, refuse the shipment of, or recall form the shipper any order we suspect is fraudulent. During the ordering process, we capture certain information, and this includes date, time, IP address, and other information that is used to locate and identify individuals who are committing fraud. Should any order through our Website be suspected of fraud, we reserve the right, though we undertake no obligation, to present all records, with or without subpoena, to all necessary law enforcement agencies as well as to the credit card company for the investigation of fraud. We also reserve the right to cooperate with the authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual property rights.
(a) Copyright. Our Copyrighted material cannot be used without permission. All of the design, logos, graphics, text, other files, and the selection and arrangement thereof are either owned exclusively by us (Copyrighted) or are the property of our suppliers, licensors, or other companies.
(b) Trademarks. Cignew is a trade name, and it’s related design marks, and other trademarks on the Website are stricly owned by us. Custom graphics, page headers, button icons, scripts, and anything graphically designed with our name or image are trademarks or trade dress we own. You may not use any of such trademarks, trade dress, or trade names without our express written permission.
7. Third party websites.
Cignew.com may contain links to other websites on the Internet owned and operated by third parties. We have no control of the information, services, or products available on these third party sites. The inclusion of links to these sites is not meant to imply our endorsement of the website, or any association with the website’s owners/ operators. Because we maintain no control over such websites and resources, you are in agreement that we are not responsible or liable in any way for the availability or the operations of these external websites. We are not responsible or liable for any material located on or available on these websites for the protection of your data by third parties; once you leave our site we cannot guarantee the protection or safety of information elsewhere. Should you participate or have dealings with any in way, participations in promotions offered by advertisers on the Website, and this includes the payment and delivery of these goods or services, and any other terms, conditions, warranties, or representations associates with these dealings and/or promotions, such interactions are between you and the applicable advertiser/ third party. You are agreeing that we shall not be responsible or whatsoever liable, directly or indirectly, for any loss or damages caused by the usage or reliance on any such material available on or through any site or dealings or promotions.
8. Linking and framing.
You may not deep link to portions of the Cignew Website, frame, inline link, or similarly display any of our property, which includes without limitation, the Website. You are prohibited from using any of our logos or trademarks as part of a link without our express written permission.
Should you choose to comment or leave feedback, suggestions, ideas, or other disclosed submissions you submit or offer to us in connection with your use of the Website becomes our property. Such disclosure, submissions, or offering of suggestions or comments constitutes an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark and all other forms of intellectual property and all other rights whatsoever in and to the Comments and a waiver of any such claim based on moral right, unfair competition, breach of implied contract, breach of confidentiality, and any other type of legal theory (obscure or otherwise). At our cost, you will execute any documents to affect, record, or perfect such assignment. Therefore, we will own exclusively all rights, titles, and interest, and we shall not be limited in any way towards the manner which we use these Comments; commercial or otherwise. If you are opposed to assigning us any such rights over Comments you make, you should not submit any Comments on the Website.
We are, and will be under no obligations to: (i) to maintain any Comments in confidence; (ii) to pay you, or any third party any type of compensation of Comments made on our Website; (iii) to address or respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree that you will defend, indemnify, and hold the Website, and its subsidiaries, affiliates and their directors, agents, members, officers, shareholders, co-branders, or other partners, employees, and Ad partners harmless from any sort of liabilities, actions, losses, damages, demands, or claims, including reasonable attorneys’ fees, expenses and costs, made by any third party directly or indirectly which relate or arise from (a) content you have provided to the Website or transmit, or may obtain through the Service, (b) you usage of the Service, (c) any connection you may have to the Service. (d) the violation of this Agreement on your part, (e) the violation of the rights of another, or (f) your failure to perform your obligations hereunder. If you in a position of obligation to provide indemnification pursuant to this provision, we hold the ability to, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not compromise, settle, or in any other sort of manner dispose of any Claim without our expressed consent.
11. Disclaimers, exclusions and limitations.
(a) DISCLAIMER OF WARRANTIES. CIGNEW SUPPLIES THE WEBSITE, PRODUCTS, AND SERVICES ON A STRICTLY ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE ABSOLUTELY DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, SERVICES, IT’S PARTICULAR USE, OR ANY INFORMATION CONTAINED ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE ENTIRELY PERFECT; FREE OF DEFECTS, ERRORS, OR INACCURACIES, (III) WILL PRECISELY OR EXPLICITLY MEET YOUR PERSONAL STANDARDS OR REQUIREMENTS, OR (IV) WILL OPERATE PERFECTLY IN THE CONFIGURATION OR WITH OTHER HARDWARE/ SOFTWARE YOU ARE USING. WE MAKE NOT WARRANTIES OTHER THAN THOSE WHICH HAVE BEEN EXPRESSED IN THIS TERMS OF SERVICE, AND HEREBY WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, ESPECIALLY THOSE WHICH INCLUDE WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY AS WELL AS NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. WE WISH TO INFORM YOU THAT THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT CAN REFLECT OUR CURRENT EXPECTATIONS REGARDING ANY FUTURE EVENTS AND FUTURE BUSINESS DEVELOPMENT. BE IT KNOWN THAT FORWARD-LOOKING STATEMENTS DO INVOLVE A CERTAIN AMOUNT OF RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS HAVE THE POSSIBILITY OF DIFFERING MATERIALLY FROM THOSE WHICH WERE PROJECTED AND IT ALL DEPENDS ON A NUMBER OF VARIABLE FACTORS, MANY OF WHICH ARE OUTSIDE OF OUR CONTROL.
(c) HEALTH-RELATED INFORMATION. ON THE WEBSITE WE PROVIDE MATERIAL FOR INFORMATIONAL PURPOSES STRICTLY. NONE OF THIS CONTENT IS MEANT TO SUBSTITURE THE EXPERT ADVICE OF DOCTORS OR OTHER HEALTH CARE PROFESSIONALS. NONE OF THE INFORMATION ON, OR AVAILABLE THROUGH THIS WEBSITE IS INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITIONS. IT IS YOUR REPSONSIBILITY TO CAREFULLY READ ALL TERMS OF SERVICE, PRODUCT INFORMATION AND INSTRUCTION PRIOR TO USE.
(d) PRODUCTS. ALL CIGNEW PRODUCTS SOLD ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR REPSECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTERS, IF ANY, PROVIDED IN THE PACKAGING OF THE PRODUCT. TO THE FULLEST EXTENT OF THE LAW WHICH IS PERMISSABLE, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY TYPE OF IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A SPECIFIC PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECR OR FAILURE CLAIMS THAT ARE DUE TO NORMAL USE, MISUSE, ABUSE, NON-CIGNEW MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR ANY TYPE OF OFF MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. CIGNEW WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WIHTOUT ANY LIMITATION, DAMAGES WHICH MAY RELATE TO LOST PROFITS, LOSS OF DATA, OR GOODWILL) ARISINF FROM, RELATING TO OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION IN WHICH THEY ARE BASED, INCLUDING IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT SHALL WE AGGREGATE LIABILITY THAT ARISES FROM, RELATES TO, OR MAY HAVE A CONNECTION WITH THIS TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, CLAIMS WHICH RELATE TO THE WEBSITE, OR THE PRODUCTS) EXCEED A SUM GREATER THAN $100 OR THE AMOUNT YOU PAID FOR CIGNEW PRODUCTS.
12. Force majeure.
In the event of a force majeure, deeming the Website unable to provide the Products, you acknowledge and understand that Cignew will not be breaching any portion of its obligation towards you under these here Terms of Service. A force majeure event is one that occurs and extends beyond the control of the Website. FOR THE RECORD: THE WEBSITE SHALL HAVE NO LIABILITY TO YOU, WHETHER IT BE IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, OR ANY OTHER METHOD OF LIABILITY FOR FAILURE TO PERFORM ANY OBLIGATIONS IN ACCORDANCE WITH THIS AGREEMENT TO THE EXTENT THAT ANY SUCH FAILURE IS A RESULT OF A FORCE MAJEUR EVENT.
13. Domestic usage; exportation restriction.
This Web Site is controlled from offices within the United States of America. We make absolutely no representation that this Website or any of its content (which includes without limitation, any services or products available through or on this Website) are appropriate or openly available for use in other locations. For users accessing the Website outside of the United States of America, this action is done on their own personal initiative and they hold all responsibility for complying with local laws, wherever applicable. In addition, the export control laws of the United States prohibit the exportation of certain technical data and software to certain territories. No portion of the content from this Website may be downloaded as it violates United States law.
Any disputes that may arise as a result of, or should relate to this Terms of Service (and this includes formation, performance, or any sort of alleged breach) or use your use of the Website, will be resolved exclusively under confidential binding arbitration held in Henderson, Nevada before and entirely in accordance with the Rules of the American Arbitration Association. The award of the arbitrator will be binding and it may be entered as a judgment in any court of competent jurisdiction. To the fullest extent that is permissible by applicable law, under this Terms of Service, no arbitration will be joined to any other arbitration involving any other party subject to this Terms of Service, whether it be through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we hold the right to seek injunctive, or any other equitable relief in state or federal court located in Henderson, Nevada to enforce this Terms of Service or to prevent an infringement of a third party’s rights. In the event we seek equitable relief, each party hereby irrevocably submits to the personal jurisdiction of such court.
15. Waiver of class action rights.
BY ENTERING INTO THIS TERMS OF SERVICE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHTS YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR ANY SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH MAY ARISE AS A RESULT OF, RELATING TO, OR IN CONNECTION WITH THIS TERMS OF SERVICE MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of actions.
You acknowledge as well as agree that, regardless of any statute or law of the contrary, any claim or cause of action you have arising from, in relation to, or in connection with your usage of the Website, must be filed within a period of one calendar year after such claim or the cause of action arises, or it shall be forever be barred.
17. <odification of terms of service.
We reserve the right to modify, alter, or change these Terms of Service at any time at our own discretion, and your continued usage of this Website will be conditioned upon the Terms of Service in force at the time of you have used the Website. You retain the freedom to check the most current version of the Terms of Service at this page, and it is suggested you do so periodically.
We possess the right to terminate your access to the Website if for any reason we believe you have breached any of the terms and conditions of this Terms of Service. Following termination, you will be strictly prohibited from using this Website and we may, at our own discretion, cancel any outstanding Product Orders. Should your access to this website be terminated, we reserve the right to exercise any means which we deem necessary to prevent unauthorized access to the Website, and this includes though it is not limited to, technological barriers, IP mapping, and additionally direct contact with your Internet Service Provider. This Terms of Service will serve indefinitely unless and should we decide to terminate it, regardless of whether any account you open is terminated by yourself or Cignew, or if you hold the right to access and use the Website.
This Terms of Service contains the entire understanding between yourself and Cignew regarding all usage of this Website, and it supersedes all prior and contemporaneous agreements and any understandings between yourself and Cignew relating thereto.
20. Additional terms.
This Terms of Service will be binding upon each party hereto as well as its successors and permitted assigns, and it shall be governed by and construed in accordance with laws of the State of Massachusetts without regard for conflict of law principles. This Terms of Service and all of your rights and obligations under them, in no way may be assignable or transferable by you without the prior written consent of Cignew. No failure or delay by any party in exercising any right, power or privilege under this Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any privilege, right, or power preclude any other or further exercise thereof or the exercise of any other privilege, right, or power under this Terms of Service. You are considered an independent contractor, and therefore no partnership, agency, joint venture, employee-employer relationship is intended or established by this Terms of Service. The invalidity or unenforceability of any provision of this Terms of Service will not affect the validity or enforceability of any other provision of this Terms of Service, all of which shall remain in full force, and effect.
Cignew reserves the right, at our discretion, to modify, add, change, or remove any portion of this Agreement and any other policies and agreements that may relate to the Website at any time and in any such manner, without any prior notice to you. You are bound by such revisions and it is your inherent responsibility to periodically visit this Terms of Service page to determine the current Terms of Service to which you are then bound. You are able to review the most current version of this Terms of Service at any given time by clicking on the 'Terms and Conditions' hyperlink located at the bottom portion of the pages on the Website. By using this Website, you indicate your acceptance of this Agreement. Your usage of the Website after changes occur indicate your assent to being bound by this Agreement as well as the Privacy Statement as they exist at that time.