PCHShare&Win
Terms of Use
The terms and conditions applicable to the use of the PCHShare&Win website (the “Website” or this “Site”) are set forth herein and constitute a contract by and between Publishers Clearing House LLC in conjunction with RealTime Media, Inc. ("We," "Us," or "Our") and you as a user of this Site or a participant in the PCHShare&Win promotion (the “Promotion”) contained in this Site (“You”) and is referred to herein as this “Agreement.”  Use of this Site is provided to You subject to this Agreement, which may be updated or modified from time-to-time by Us at Our sole discretion. By using the Website or participating in the Promotion, You agree as follows: BY USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO THE OFFICIAL RULES, SWEEPSTAKES FACTS, TERMS OF USE, AND OUR PRIVACY POLICY, AND THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, OUR PRIVACY POLICY, SWEEPSTAKES FACTS AND THE OFFICIAL RULES OF THE PROMOTION, WHICH ARE ALL INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN DOCUMENT SIGNED BY YOU.  THE WEBSITE WILL INDICATE IF THIS AGREEMENT IS AMENDED OR MODIFIED BY US AT ANY POINT AFTER YOUR INITIAL ACCEPTANCE OF ITS TERMS. ANY USE OF THE SITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THIS AGREEMENT SHALL BE DEEMED ACCEPTANCE OF THE MOST CURRENT VERSION OF THIS AGREEMENT.
  1. Licenses.
    Subject to the terms and conditions set forth in this Agreement and the Official Rules, We will allow You to enter and use the Website until further notice.  There is no fee payable by You for the privilege of using the Website and no purchase is necessary to participate in the Promotion. Your access to the Site provided by Us is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. By submitting any content to the Site, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in other works in any form, media or technology now known or hereafter developed to the full extent and duration of any rights that you may have in that content. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us.  If You are a prize winner in the Promotion, You are also required to grant to Us certain publicity rights as well. Please see Section 6 of this Agreement and the Official Rules for more information.
  2. Accessibility.
    You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not foreseeable by Us.  We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.
  3. Eligibility,
    To participate in any daily Instant Win game (each, a “Game”) available through Instant Win widgets (each, a “Widget”) offered in the Promotion, you must be a natural personal, at least 18 years old, who is assigned to the email address submitted with your registration, and otherwise eligible under the Official Rules.  In the event of any conflict between these Terms of Use and the Official Rules, the Official Rules will control.  See the Official Rules for details and additional information.
  4. Equipment.
    You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of this Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use this Site.
  5. Proprietary Rights.
    All or portions of this Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws.  You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of this Site, or any Widget or Game or other aspect of the Promotion, for any purpose other than the sharing of Widgets as contemplated by the Promotion unless We give You express written permission to do so.
  6. Use of Personal Information.
    Any information concerning You or your participation in the Promotion may be used by Us in accordance with and as set forth in the Privacy Policy and the Official Rules each of which is by this reference incorporated herein.  See the Privacy Policy and Official Rules for details and additional information.
  7. No Redistribution or Resale.
    You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Site, or any Game or Widget or the Promotion, for commercial purposes.
  8. No Interference or Circumvention.
    You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, spider, spyware, adware, etc.) that is designed to or does in fact:  (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on this Site; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of this Site.
  9. Linking and Framing.
    Except for using, sharing and/or placing a widget, you agree not to bypass or attempt to bypass the home page of this Site and “deep link” to any other page in this Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
  10. Unacceptable Use and Content Policy.
    1. You are solely responsible for any and all acts and omissions that occur while You use this Site, or play any Game and or use any Widgets, and You will not engage in any unacceptable uses, which include, but is not limited to, use of the Website or any Game or Widget to:
      • disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as “spam”);
      • disseminate or transmit content that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
      • disseminate, store, or transmit files, text, graphics, software, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property or contractual rights, or rights of privacy or publicity of any person, or instruct any person how to do so;
      • post, disseminate, or transmit any false, fraudulent, inaccurate, or deceptive information;
      • create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
      • impersonate any person or entity, including, but not limited to, an RealTime Media or Publishers Clearing House employee or agent;
      • export, re-export, or permit downloading or transfer of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
      • interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the site or on any other computer network;
      • disseminate, store, or transmit viruses, Trojan horses, or any other malicious code or program;
      • harm minors in any way;
      • solicit personal information from anyone under thirteen (13) years of age;
      • solicit confidential information from others, regardless of age;
      • interfere with or disrupt the site, servers, or network connected to provide service to the site;
      • provide instructional information about illegal or unlawful products, services, or activities;
      • "stalk" or otherwise harass another person;
      • intentionally or unintentionally violate any applicable local, state, national or international laws; or
      • engage in any other activity deemed by Us, in Our sole discretion, to be objectionable or unacceptable.
    2. One or more violations of this policy may result in termination or suspension of Your access and ability to use this site. In addition, as stated in more detail in Paragraph 15, We may, in Our sole discretion, make changes to Your Content (as defined in Paragraph 14) as We deem appropriate.
    3. In instances in which We, in Our sole discretion, suspect or determine that the Website is being used for any unacceptable, inappropriate or illegal purposes, We may disclose personally identifiable information relating to You or Your use of this Site to other parties as We deem appropriate.  Such information may also be disclosed pursuant to any authorized law enforcement investigation or other judicial process, regardless of whether it was initiated by Us or by another party.
    4. You are required to provide Us with accurate, truthful, reliable, and current information on Our registration form.
  11. Infringing Widgets.
    You are prohibited from sending Widgets or other content through the Website which incorporates, copies, reproduces, displays, publishes, exhibits or uses any image, photograph, picture or other content (collectively, “Content”) which infringes or violates the intellectual property (e.g., copyright, trademark, patent or trade secret), privacy, publicity or contractual rights of any other person or entity, or which We deem, in Our sole discretion, to be obscene, pornographic or otherwise inappropriate. If we find that you have violated this or any other provision of this Agreement, You will be disqualified from the Promotion for the Promotional Period and ineligible to win any prizes.
  12. No Pre-Screening of Postings.
    We are not responsible for screening, policing, editing or monitoring any content posted by You or another User or any other third party to this Site or any forum or other venue made available by Us to such third parties, and We are not a publisher of such postings.  Nevertheless, We reserve the right to delete or take other action with respect to postings that We believe in good faith violate this Agreement and/or are potentially unlawful, harmful, offensive or otherwise inappropriate.  If you violate this or any other provision of this Agreement, We may, in Our sole discretion, issue you a warning and/or terminate your use of this Site, any Game or Widget or any other aspect of the Promotion.  If you become aware of postings that violate these rules, you are encouraged to contact Us and provide us with details and other information sufficient to enable us to take effective action. 
  13. No Endorsement of Postings.
    You must use your best judgment and reasonable caution in evaluating all User or third party postings or other Content (including information and opinions posted by others to forums) on this Site.  We do not endorse, oppose or edit any opinion or information provided by a User or third party, with the exception of removing temporarily or deleting Content that appears to be unlawful or otherwise prohibited under this Agreement.  We do not make any representation with respect to, nor do We endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material displayed, uploaded or distributed by any User of or third party contributing materials to this Site.  We expressly disclaim all responsibility and liability for such postings, information and materials.
  14. Good Samaritan Content and Complaint Procedures Policy.
    1. Policy.
      We have provided opportunities for You to grab and share Widgets on web platforms with Your own Content.  It is Our policy, however, not to allow Widgets to be posted on a site with any Content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material; incitement to violence, hatred of or discrimination against any ethnic, religious, social or other group; or which does or may otherwise be unacceptable or inappropriate (collectively, “Disputed Content”). If we learn of any Disputed Content, We may attempt, and You hereby give Us the right, to delete, edit, remove, change or restrict access to any Disputed Content posted by You which, in Our sole discretion, violates this Agreement or is otherwise unacceptable or objectionable.  The provisions of this section are intended to implement Our policy but are not in any way intended to impose a contractual obligation upon Us to undertake, or refrain from undertaking, any particular course of conduct.
    2. Complaint Procedures.
      If You believe that someone has posted a Widget on a site with Disputed Content which violates this policy or the Unacceptable Use and Content Policy in Paragraph 10, You may notify Us as follows: (i) Via e-mail at support@cs.pchshareandwin.com; or (ii) via first class mail (or other nationally-recognized courier) at: RealTime Media, 1060 First Avenue, Suite 201, King of Prussia, PA 19406. In order to allow Us to respond effectively, please provide Us with as much information as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed) of the Disputed Content; (2) all facts which lead You to believe that a right has been violated or infringed, if applicable; (3) the precise location, Widget or website link where the Disputed Content is located; (4) any grounds to believe that the party or user which used or posted the Disputed Content was not authorized to do so or did not have a valid defense (including “fair use”), if applicable; (5) if known, the identity of the party or user who used or posted the Disputed Content, if applicable; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and Your claims to ownership to the Disputed Content.
    3. Indemnification/Waiver of Certain Rights.
      By contacting Us and complaining of an alleged violation, You agree that the substance of Your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the State of New York.  In addition, You agree, at Your own expense, to defend and indemnify Us and hold Us harmless against all claims which may be asserted against Us, and all losses incurred, as a result of Your complaint and/or Our response to it.
    4. Waiver of Claims and Remedies.
      We expect all users of this Site to take responsibility for their own actions and cannot and do not assume liability for any acts of third-parties which take place at this Site.  By taking advantage of the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY, CONTRACT AND/OR TORT LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE DISPUTED CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT AS A RESULT THEREOF.
    5. Investigation/Liability Limitation.
      You agree that We have the right, but not the obligation, to investigate any complaint received.  By reserving this right, We do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of Disputed Content.  We will not act on complaints that We believe, in Our sole discretion, to be deficient or incomplete. If You believe that Disputed Content remains on this site that violates Your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST US.
    6. Digital Millennium Copyright Act Compliance.
      As set forth in Subsection (b), You must contact Us if You believe that a work protected by a U.S. Copyright which You own has been posted on this Site without authorization or that this Site, in some material way, contributes to its infringement. It is Our policy to terminate, in appropriate circumstances, the access rights of repeat infringers and other users who use this site in an inappropriate or objectionable manner.
  15. Representations and Warranties.
    By using this Site, You represent and warrant the following: (a) You are over eighteen (18) years of age; (b) You have the right, power and authority to enter into and perform this Agreement; (c) any information that You provide when registering to use this Site is accurate, truthful, reliable and current; (d) You will not use Our service or this Site for any unacceptable uses, as listed in Paragraph 10; and (e) You will not use Our service or this Site to violate any federal, state and/or local law.
  16. Disclaimer of Warranties.
    THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK.  WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (B) THAT THE WEBSITE, ANY GAME OR WIDGET, THE PROMOTION OR THE SERVICE PROVIDED BY US WILL MEET YOUR REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, ANY GAME OR WIDGET OR THE PROMOTION WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE.  NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  17. Limitation of Liability.
    UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, ANY GAME OR WIDGET OR THE SERVICE PROVIDED BY US, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, ANY GAME OR WIDGET OR THE SERVICE PROVIDED BY US; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.  SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
  18. Reliance upon Limitations.
    The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
  19. Indemnification.
    You agree to indemnify, hold harmless, and defend Us, Our directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or threatened breach by You; (b) Your use of the Website, including any data, Content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website by You; (d) any negligent or willful misconduct by You; and (e) as otherwise provided in this Agreement.
  20. Privacy Policy.
    Your information is collected and utilized pursuant to Our Privacy Policy, which by this reference is incorporated herein.  We do not knowingly collect information from anyone under the age of thirteen (13).  To view the Privacy Policy, please scroll through this page or go directly to PCHShare&Win.com.
  21. Password Policy.
    Use of the Site requires both log-in information and a password.  The log-in information is your e-mail address (“User Name”).  During the registration process for this Site, you choose a unique sign-on password (“Password”) to become a User of this Site and gain access to restricted areas of this Site.  Only one User can use each User Name and corresponding Password.  Anyone with knowledge of both your User Name and Password can gain access to the restricted portions of this Site.  Accordingly, by using this Site, you agree to keep your Password secret.  In particular, you agree to be solely responsible for the confidentiality and use of your Password as well as for any communication or interaction entered through the Site when using your Password.  You will immediately notify Us if you become aware of any loss or theft of your Password or any unauthorized use of your Password.  We reserve the right to delete or change a Password at any time and for any reason.
  22. Integration and Conflicting Terms.
    This Agreement, the Official Rules and the Privacy Policy constitute the complete and exclusive statement and agreement between You and Us with respect to use of this Site and supersede any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of this Site, any Game or Widget and the Promotion. This Agreement and the Official Rules shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control. This Agreement and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of this Agreement shall control.  The Privacy Policy and the Official Rules shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control.
  23. Modification and Amendment.
    We have the right at any time to modify or amend the terms of this Agreement.  As stated above, should this Agreement be modified or amended, this Site will display these modifications or amendments.  Any use of the Website by You after such notification shall constitute Your acceptance of the modified or amended terms.  No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
  24. Force Majeure.
    If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered or delayed by such causes.  In the event of such circumstances which hinder or delay Our performance, We will, if possible, attempt to post this information on this Site
  25. Severability.
    If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.
  26. Waiver.
    No waiver of any term, provision or condition of this Agreement, the Official Rules and/or the Privacy Policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver by Us shall be binding unless executed in writing by Us and signed by an authorized agent.
  27. Governing Law, Forum, and Arbitration.
    This Agreement is made in, and shall be governed by, the laws of the State of New York, excluding its conflicts-of-law principles. You agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action status.  You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any damages multiplied or increased.  You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement.  Said arbitration shall occur exclusively in the city and county of New York.  All lawsuits, causes-of-action, disputes or other proceedings not subject to Arbitration shall be brought exclusively in the state or federal courts located in the city and county of New York and You irrevocably submit and consent to the exercise of personal jurisdiction over You as a result thereof.
  28. Remedies.
    In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach.  Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
  29. No Third Party Beneficiaries.
    No provision of this Agreement is intended to create, and does not create, any rights in or benefits to any third party.
  30. Advertisers on This Site.
    We, in its sole discretion, may post the advertisements of third parties on this Site.  Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser.  You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.  Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site.
  31. Notice.
    All notices relating to the Website, any Game or Widget, the Promotion or Your use of any thereof shall be deemed to be delivered when displayed on this Site.  Except as may be provided elsewhere in this Agreement or in the Official Rules, all notices to Us shall be sent via first class mail or other nationally recognized courier to: RealTime Media, 1060 First Avenue, Suite 201, King of Prussia, PA 19406..
  32. Termination.
    Either party may terminate this Agreement at any time without notice to the other party.  Upon termination, Your access to and use of the Website, any Game or Widget, the Promotion or the Service provided by Us may be discontinued and terminated.  You will, notwithstanding any such termination, be awarded any prize to which You may be entitled from the Promotion prior to such termination.
  33. Survivability.
    The respective rights and obligations of the parties, if any, pursuant to Sections 14 through 19, inclusive, Sections 27 and 28, and as otherwise provided elsewhere in this Agreement, shall survive any termination or expiration of this Agreement.
  34. Neutral document.
    No provision of this Agreement, the Official Rules, the Sweepstakes Facts, or the Privacy Policy shall be interpreted or construed against Us because We were the drafter thereof and shall be interpreted in a neutral manner.
  35. Headings and Order.
    The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.