Terms and Conditions
COLLISION GUARD, INC., a Utah CorporationPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
COLLISION GUARD, INC., ("Collision Guard") PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Terms"). BY ACCESSING, BROWSING AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THE SITE. SINCE COLLISION GUARD MAY REVISE THE TERMS AT ANY TIME, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS OF YOUR USE. AT COLLISION GUARD, WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE COLLISIONGUARD.COM SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS WHENEVER YOU USE THIS SITE.
1. Related Policies and Terms
The Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Collision Guard for products, services, or otherwise. Collision Guard has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about Collision Guard’s privacy practices, please refer to the Privacy Statement section of the Site.
2. United States Usage
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to all applicable provisions of these Terms.
3. Use of this Site
This site and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted below), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Site or any related software. All software used on this Site is the property of Collision Guard or its affiliates and protected by U.S. and international copyright laws. The content and software on this site may be used only as a protection resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
4. Changes, Availability and Sales Tax
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale by a service provide will be available when ordered through the service provider; and (c) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Any and all sales tax on merchandise you order from a service provider shall be collected by the service provider or you may be responsible to pay the sales or use tax yourself. Collision Guard shall not be responsible to collect any sales or use tax on any items offered through the service providers of the Site.
5. Passwords and Security
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Collision Guard immediately. Collision Guard reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting information to authorize transactions on your account. While Collision Guard takes prudent steps to protect your account and the Site, it can not protect your information outside of the Site. For example, when Collision Guard communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Collision Guard may rely on the authority of anyone accessing your account or using your password and in no event will Collision Guard be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Collision Guard under this provision; (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password.
6. Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Collision Guard, one of its affiliates or by third parties who have licensed their materials to Collision Guard, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Collision Guard and is also protected by U.S. and international copyright laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Collision Guard, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Collision Guard. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Except as stated in the Terms, none of the materials and Intellectual Property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Collision Guard or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Collision Guard - is strictly prohibited.
To notify us of a copyright infringement, write to us at legal@collisionguard.com or at our physical address:
Collision Guard, Inc.
P.O. Box 989
Orem, UT 85057
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements)
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it. d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
7. Outbound Links
The Site may provide links to the websites, content, products and services of Collision Guard, its affiliates, service providers, and other third parties. You should refer to the separate terms of use, privacy policies, and other rules posted on their websites before you purchase any merchandise or utilize their services. The existence of such links does not indicate our approval or endorsement of any material contained on any linked site.
Collision Guard is not responsible for the content of any website linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of goods or services, or any request for products or services presented on our site. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. YOUR USE AND CONNECTION TO ANY SUCH THIRD PARTY WEBSITE IS AT YOUR OWN RISK.
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Collision Guard neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Collision Guard does not endorse or adopt these web sites or any information contained therein. Collision Guard makes no representations or warranties whatsoever regarding their accuracy or completeness.
8. Submissions
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Collision Guard, or postings on this Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
By using the Site, you agree not to (1) upload to, distribute or otherwise publish through this Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (2) upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (3) upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (4) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (5) upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (6) disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
9. Enforcement
All access to and use of this Site is governed by and subject to the Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Collision Guard has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Collision Guard believes in its sole discretion may violate applicable law, the Terms or a third party’s rights. Collision Guard takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
10. User Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Collision Guard and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorney fees) made or incurred by Collision Guard or any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of Collision Guard or of a third party. Indirect or attempted violations of these Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Terms by such user. THIS WEBSITE IS DESIGNED FOR AND INTENDED FOR USE BY ADULTS. IF YOU ARE UNDER 18, YOU MAY USE THIS SITE ONLY WITH INVOLVEMENT OF A PARENT OR GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU MUST MONITOR AND SUPERVISE THE USE OF THIS SITE BY CHILDREN, MINORS AND OTHERS UNDER YOUR CARE. YOU AGREE TO BE RESPONSIBLE FOR THEIR USE OF THIS WEBSITE.
Collision Guard welcomes user comments on our information utilized at collisionguard.com, including the stories, videos, media productions and posts. Collision Guard desires to provide an outlet to engage the public in news and analysis of issues in their community and to encourage interaction with our editors, writers and other posters. Collision Guard intends for the area of this Site to be used by our readers as a place for civil, thought-provoking and high-quality public discussion. In order to achieve this, Collision Guard requires that all commenters and posters register and post comments with their real first name and first initial of their last names. Place of residence is collected and also utilized with your name and posted comments. Collision Guard does not permit the use of foul language, personal attacks, snideness, or gratuitous insult of the intelligence or character of fellow commenters and others, or the use of language that may be libelous or interpreted as inciting hate or sexual harassment. User comments are reviewed by moderators to ensure that comments meet these standards and adhere to Collision Guards Terms of Use and Privacy Policy. Failure to adhere to these standards and these Terms and the Privacy Policy may result in restrictions to the comment board or other and all areas of collisionguard.com.
11. Commercial Business Listing Use and Conduct
Collision Guard provides an open platform for automotive business to advertise and promote their business. These commercial business listings are referred to as “service providers”. Service Provider under the terms and conditions as described herein . The Service Provider is solely responsible for creating the content which is provided to Collision Guard, and the Service Provider represents that it will choose key words, phrases and/or content that do not violate any third-party trademarks, other intellectual property rights or other rights and/or will obtain licenses to use any third-party trademarks and/or key words. The Service Provider grants to Collision Guard and its members ofcollisionguard.com (a) the right to display, perform, transmit and promote the Service Provider’s content and to make internal copies as necessary to perform the foregoing, and (b) users ofcollisionguard.com the right to access and use the Service Provider’s content and/or any other content and/or services directly linked to the Service Provider. Collision Guard reserves the right to reject or remove any particular content provided by the Service Provider and placed on the website of Collision Guard for any reason at their sole and absolute discretion. The Service Provider agrees that it will comply with all local, national and international laws, rules, regulations and ordinances which apply to the content submitted by the Service Provider. Service Provider accepts all responsibility for submitting legally acceptable content and agrees to hold Collision Guard harmless for any content which is contrary to any legal or non-legal law, rule, regulation or ordinance.
The Service Provider understands that the content it provides to Collision Guard may appear on various websites within the Collision Guard network. The location of the content from the Service Provider, as well as the breadth of distribution to the members of Collision Guard, may change during the term of this Agreement for any reason and at the sole discretion of Collision Guard. Collision Guard may adopt or discontinue one or more modes of distribution or may change or discontinue websites, site pages or methods or modes of advertisement delivery as it deems fit. Because of the variety of types of distribution on the website of Collision Guard and its affiliated websites, if any, Collision Guard makes no guarantees that the content of the Service Provider will appear in any particular type of placement or position, or that it will be displayed in any particular context or in response to any particular behavior of the members of Collision Guard.
In no event shall Collision Guard or its agents, officers or employees or any affiliated company or agent, officer or employee of any such company be liable for incidental or consequential damages of any kind, including, but not limited to, loss of revenue or profits, whether resulting from breach of contract, negligence or otherwise. The Service Provider acknowledges that it has been informed that Collision Guard is reliant on the internet for access and distribution. Collision Guard shall not be held liable should their internet service provider experience problems that prevent Collision Guard, its members or its service providers from gaining access to the internet, the website of Collision Guard or the individual websites of the Service Provider. Any liability of Collision Guard, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, delay of operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of or use of records shall be strictly limited to the lesser amount of the paid on behalf of the Service Provider to Collision Guard during the year in question or since the beginning of this Agreement, whichever is lesser.
The Service Provider shall indemnify, defend and hold Collision Guard and its agents, officers, employees or any affiliated company or agent, officer or employee of any such company harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including, without limitation, interest, penalties and attorney fees that Collision Guard shall incur or suffer which arise, result from or relate to any action taken or omitted or representation made by the Service Provider to their customers. The duty to indemnify arises in any action or proceedings that arises, results from or relates to in whole or in part to any action, inaction or representations of the Service Provider.
The parties to this Agreement agree that no partnership exists between them and the parties have not intended to create a partnership or any other business relationship between them other than the existence of this Agreement. The parties to this Agreement agree that although Collision Guard may utilize the words “partner”, “affiliate”, or something similar on the website, the parties do not have any additional agreements creating a relationship which would constitute a legal partnership. The Service Provider agrees that they have no ownership interest in Collision Guard and Collision Guard agrees that it has not ownership interest in the Service Provider.
All notices given under any of the provisions of this Agreement may be served by mailing such notice by certified United States mail, postage prepaid, addressed to the recipient at the addresses as the parties designate. Notice given by mail shall be deemed delivered three (3) days following date of deposit for mailing. Notice may also be served by facsimile or electronic mail with delivery deemed to be complete upon confirmation of receipt by the same means.
The rights and remedies of any of the parties hereto shall not be exclusive. In general, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy, but nothing herein contained is intended to or shall limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other party for a breach or threatened breach of any provision hereof, it being the intention of this paragraph to make clear the agreement of the parties that the respective rights and obligations of the parties hereunder shall be enforceable in equity as well as at law or otherwise.
12. Refund Policy
All fees and charges are nonrefundable. Additionally, there are no refunds or credits for partially used payment periods. All Premium features, including email functionality, content usage, and any other feature or ability included as part of your Premium account, expire immediately upon cancellation or termination of your Premium account.
13. Disclaimer
THIS SITE IS PROVIDED BY COLLISION GUARD ON AN "AS IS" BASIS. COLLISION GUARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLISION GUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLLISION GUARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, COLLISION GUARD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
UNDER NO CIRCUMSTANCES SHALL COLLISION GUARD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE COLLISION GUARD SITE.
14. Limitation of Liability
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COLLISION GUARD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THE COLLISION GUARD TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COLLISION GUARD UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE COMPENSATION YOU PAID COLLISION GUARD, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
15. Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and entirely to be performed within Utah, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal court located in Salt Lake City, Utah or state courts located in Utah County, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
16. Termination
Notwithstanding any of these terms and conditions, Collision Guard reserves the right, without notice and in its sole discretion, to terminate your use of this Site, and to block or prevent future access to and use of this Site. Upon termination, these Terms shall still apply.
17. Email Consent
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Collision Guard.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
18. Severability
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Waivers
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
