Effective: June1, 2018
SECTION16 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THATYOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUTLIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THEEFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 16 SETSFORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS,REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINALARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOUWILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONAN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASSOR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOURRIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ONYOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TOPARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEESECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT,THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPTOUT OF THE ARBITRATION AGREEMENT.
1.GoGetIt242 Core Responsibilities.
DisplayMerchant’s logo; a listing of the Merchant stores that are listedon the Sign-Up Sheet Appendix or later added by an exchange ofemails and that are within any then-current territory serviced byGoGetIt242 (“Merchant Stores”); and a menu of all productsoffered for take-out or delivery orders at Merchant Stores(“Merchant Products”);
Acceptorders for Merchant Products through GoGetIt242’s proprietarysystem (the “GoGetIt242 Marketplace” or the “GoGetIt242Platform”) from GoGetIt242 customers (“Orders”);
Forwardeach Order to the relevant Merchant Store; and
Forwardeach Order to a third-party delivery contractor (“GoGetter”), sothat the GoGetter can pick up the applicable Merchant Product(s)from the Merchant Store to deliver to the GoGetIt242 customer (“EndCustomer”). If GoGetIt242 determines, in its reasonablediscretion, that continuing to support Orders of a particularMerchant Product or Merchant Store could subject GoGetIt242 to undueregulatory risk or other liability, then GoGetIt242 may remove suchMerchant Product and/or Merchant Store from the GoGetIt242Marketplace.
2.Merchant Core Responsibilities.
ProvideGoGetIt242 with the Merchant’s in-store or take-out menu,including the price of each item on that menu, and notify GoGetIt242of any updates made to the Merchant’s in-store or take-out menuwithin 3 business days from the date of change;
Acceptall Orders placed by GoGetIt242 from Merchant’s then-current menu;
Confirmall Orders from GoGetIt242 in a prompt and timely manner;
Preparethe Merchant Products for each Order for pickup by a GoGetter at thedesignated time;
ProcessGoGetIt242 Orders in the order in which they are received;
Promptlynotify GoGetIt242 of any changes to the pricing, availability,description, or other characteristics of the Merchant Products;
NotifyGoGetIt242 of its days and hours of operation, and remain open forbusiness on GoGetIt242 the same days and hours of operation asMerchant’s in-store business; notify GoGetIt242 of any changes toMerchant’s hours of operations on public holidays; and notifyGoGetIt242 if Merchant closes earlier than Merchant’s standardhours of operation or plans to close earlier than Merchant’sstandard hours of operation;
Notifyall Merchant store staff members of the relationship with GoGetIt242immediately upon execution of this Agreement; and
Providethe same utensils, napkins, bags and other materials that Merchantwould typically provide in a standard take-out or delivery order.
3.Refunds and Re-Orders.
Inthe event that GoGetIt242, in its sole discretion, has to issue arefund or re-order on an End Customer’s Order, Merchant willprepare the food to the same specifications as the original Order (inthe case of a re-order) and bear the full cost of that refund orre-order, unless the refund or re-order is due to the grossnegligence or willful misconduct of GoGetters or GoGetIt242.
Merchantwill install any equipment reasonably required by GoGetIt242 forMerchant to receive Orders (including, without limitation, a tablet,fax machine, or other automated, electronic means of receivingOrders) (“Order Equipment”). Any Order Equipment provided byGoGetIt242 will remain GoGetIt242’s sole property and may be usedsolely for purposes related to fulfilling Merchant’sresponsibilities under this Agreement. Merchant agrees to use anysecurity procedures or protocols or access credentials as requestedby GoGetIt242. Merchant will not allow any third party to use theGoGetIt242 Platform; copy, modify, rent, lease, sell, distribute,reverse engineer or otherwise attempt to gain access to the sourcecode of the GoGetIt242 Platform; damage, destroy or impede theservices provided through the GoGetIt242 Platform; transmit injuriouscode; or bypass or breach any security protection on the GoGetIt242Platform. GoGetIt242 may restrict or rescind Merchant’s right touse the GoGetIt242 Platform at any time. Merchant will be responsiblefor any damage to or loss of any Order Equipment provided byGoGetIt242, which will be promptly reimbursed by Merchant (at thereplacement cost thereof). GoGetIt242 may recover the replacementcost of damaged or lost Order Equipment by deducting such amount fromweekly payments.
5.Payment, Fees, and Taxes.
GoGetIt242will pay for Orders filled by Merchant each week on a consistent dayof the week, currently Mondays, subject to change with no less than10 days notice to merchants by email or service notification,provided that GoGetIt242 shall be entitled to deduct from suchpayment the Promotion Fee on all Orders. If Merchant has opted for atablet subscription, GoGetIt242 will also deduct a weekly fee, as setforth on the Sign-Up Sheet. For the avoidance of doubt, GoGetIt242will be entitled to a Promotion Fee on all Orders at the rate statedin the Sign-Up Sheet and GoGetIt242 may also elect (in its solediscretion) to charge an End Customer fees, including but not limitedto a Delivery Fee and/or a Service Fee, as well as an additionalmarkup for Merchant Products. Merchant shall be responsible for alltaxes, duties, and other governmental charges on the sale of Productsunder this Agreement and remitting such taxes, duties, and othergovernmental charges to the appropriate authorities. In the eventthat Merchant raises the price for a menu item, it shall not chargeGoGetIt242 the higher price for 3 business days after it has providednotice to GoGetIt242 of that menu change. Merchant shall also beresponsible for all taxes, duties, and other governmental charges onthe Promotion Fee, which GoGetIt242 shall be responsible forwithholding and remitting to the appropriate authorities.
Paymentprocessing services for Merchants are provided by Stripe and aresubject to the StripeConnected Account Agreement,which includes the StripeServices Agreement.By agreeing to these Terms, you agree to be bound by the StripeConnected Account Agreement andthe StripeServices Agreement,as the same may be modified by Stripe from time to time. As acondition of GoGetIt242 enabling payment processing services throughStripe, you agree to provide GoGetIt242 accurate and completeinformation about you and your business, and you authorize GoGetIt242to share it and transaction information related to your use of thepayment processing services provided by Stripe. Stripe has beenaudited by a PCI-certified auditor and is certified to PCI ServiceProvider Level 1.
7.Use of Merchant Content and Trademark.
Forso long as the Sign-Up Sheet remains in effect, Merchant grants toGoGetIt242 a royalty-free, non-exclusive, limited, revocable,non-transferable, non-sublicenseable right and license to use thecontent, including without limitation, menus, photographs,trademarks, and logos provided by Merchant to GoGetIt242 forGoGetIt242 to use in providing services to Merchant.
Theterm “Confidential Information” shall mean any confidential orproprietary business, technical or financial information ormaterials of a party (“Disclosing Party”) provided to the otherparty (“Receiving Party”) in connection with this Agreement,whether orally or in physical form, and shall include the terms ofthis Agreement. Without limiting the foregoing, GoGetIt242 Data(defined below) is the Confidential Information of GoGetIt242.
ConfidentialInformation does not include information that: (i) was rightfullyknown to the Receiving Party without restriction on use ordisclosure prior to such information's being disclosed to theReceiving Party in connection with this Agreement; (ii) was orbecomes public domain other than by the fault of the ReceivingParty; (iii) was or is received by the Receiving Party on anon-confidential basis from a third party that, to the ReceivingParty's knowledge, was not at the time under any obligation tomaintain its confidentiality; or (iv) the Receiving Party candemonstrate by documentary records was independently developed bythe Receiving Party without access to, use of or reference to anyConfidential Information.
TheReceiving Party shall: (i) not access or use ConfidentialInformation other than as necessary to exercise its rights orperform its obligations in accordance with this Agreement; (ii)except subject to its compliance with Section 8(d), not disclose orpermit access to Confidential Information other than to its or anyof its employees, officers, directors, consultants, agents,independent contractors, service providers, subcontractors and legaladvisors (“Representatives”) who need to know such ConfidentialInformation for purposes of the Receiving Party's exercise of itsrights or performance of its obligations under and in accordancewith this Agreement, and prior to any such disclosure are bound bywritten confidentiality and restricted use obligations at least asprotective of the Confidential Information as the terms set forth inthis Section; and (iii) safeguard the Confidential Information fromunauthorized use, access or disclosure using at least the degree ofcare it uses to protect its most/similarly sensitive information andin no event less than a reasonable degree of care.
Ifthe Receiving Party is compelled by applicable Law to disclose anyConfidential Information then, to the extent permitted by applicableLaw, the Receiving Party shall promptly notify the Disclosing Partyin writing of such requirement so that the Disclosing Party can seeka protective order or other remedy or waive its rights under Section8(c) and provide reasonable assistance to the Disclosing Party, atthe Disclosing Party's sole expense, in opposing or seekingprotective limitations on disclosure.
Merchantagrees not to access, collect, store, retain, transfer, use orotherwise process in any manner GoGetIt242 Data, including withoutlimitation Personal Information, except as required to perform underthis Agreement. Merchant shall keep GoGetIt242 Data secure fromunauthorized access and maintain the accuracy and integrity ofGoGetIt242 Data in Merchant’s custody or control by usingappropriate organizational, physical and technical safeguards. IfMerchant becomes aware of any unauthorized access to GoGetIt242 Data,Merchant will immediately notify GoGetIt242, consult and cooperatewith investigations and potentially required notices, and provide anyinformation reasonably requested by GoGetIt242. “GoGetIt242 Data”shall mean any information that GoGetIt242 provides or makesaccessible to you through the GoGetIt242 Platform, including withoutlimitation Personal Information. “Personal Information” shallmean any information obtained through the GoGetIt242 Platform or inconnection with this Agreement that (i) identifies or can be used toidentify an individual (including without limitation, names,telephone numbers, addresses, signatures, email addresses or otherunique identifiers); or (ii) that can reasonably be used toauthenticate an individual (including without limitation, name,contact information, precise location information, accesscredentials, persistent identifiers and any information that may beconsidered ‘personal data’ or ‘personal information’ underapplicable law.
Merchantmay terminate this agreement for any reason at any time upon 7 daysprior written notice. GoGetIt242 may terminate this agreement for anyreason at any time upon written notice. Email shall suffice forwritten notice. Neither Merchant nor GoGetIt242 will be required topay any fee in connection with a termination by either party, or beliable to the other as a result of termination of this Agreement forany damages, for the loss of goodwill, prospective profits oranticipated income, or on account of any expenditures, investments,leases or commitments made by either Merchant or GoGetIt242.
GoGetIt242reserves the right, at its sole discretion, to change, suspend, ordiscontinue the Platform (including without limitation, theavailability of any feature or content) at any time. GoGetIt242 alsomay revise these Terms from time to time. The changes will not beretroactive, and the most current version of the terms will beat https://www.GoGetIt242.com/merchant/merchant-terms/.We will notify Merchants of material revisions via a servicenotification or an email to the email associated with your account.By continuing to access or use the Services after those revisionsbecome effective, you agree to be bound by the revised Terms.
12.Representations and Warranties; Disclaimer.
Eachparty represents and warrants that it has the full right, power, andauthority to enter into and perform its obligations under thisAgreement without breaching any obligation to any third party.
Merchantrepresents and warrants that it will comply with all applicable lawsand regulations in its performance of this Agreement, includingwithout limitation (i) all applicable data protection and privacylaws; (ii) all applicable laws, rules, standards and regulationsrelating to licenses, health, food safety and sanitation and (iii)all applicable laws related to third party intellectual property andother proprietary rights.
EXCEPTAS EXPRESSLY SET FORTH HEREIN, TO THE EXTENT PERMITTED BY APPLICABLELAW, GOGETIT242 HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED OR STATUTORY, REGARDING THE GOGETIT242 PLATFORM, EQUIPMENTOR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFMERCHANTABILITY, TITLE, SATISFACTORY QUALITY OR RESULTS, OR FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Merchant acknowledgesthat the operation of the Platform may from time to time encountertechnical or other problems and may not necessarily continueuninterrupted or without technical or other errors and GoGetIt242shall not be responsible to Merchant or others for any suchinterruptions, errors, or problems or an outright discontinuance ofthe Platform nor for any guarantee of results with respect to theGoGetIt242 services contemplated herein. Both Parties acknowledgethat neither party has any expectation or has received anyassurances for future business or that any investment by a partywill be recovered or recouped or that such party will obtain anyanticipated amount of profits by virtue of this Agreement.
Eachparty (the “Indemnifying Party”) will defend, indemnify, and holdharmless the other party, its subsidiaries and affiliates, and theirrespective officers, directors, shareholders, employees, and agents(the “Indemnified Party”) from and against any and all claims,damages, losses and expenses (including reasonable attorney’s fees)(collectively “Losses”) with respect to any third-party claimsarising out of or related to: (i) any bodily injury (including death)or damage to tangible or real property to the extent caused by theIndemnifying Party’s personnel (or, in the case of Merchant as theIndemnifying Party, caused by the Merchant Products); (ii) any claimsthat the Indemnifying Party breached its representations orwarranties in this Agreement; or (iii) the violation of theintellectual property of the third party by the Indemnifying Party’sMaterials. In addition, Merchant will defend, indemnify and holdharmless GoGetIt242 from any and all Losses related to any violationor alleged violation of any applicable retail food or other healthand safety code, rule, or regulation related to Merchant Product(s),except to the extent such Losses were caused directly by the grossnegligence or willful misconduct of GoGetIt242. In each case theIndemnified Party shall provide the Indemnifying Party with (a)prompt notice of any claims such that the Indemnifying Party is notprejudiced by any delay of such notification, (b) the option toassume sole control over defense and settlement of any claim, and (c)reasonable assistance in connection with such defense and settlement(at the Indemnifying Party’s expense). The Indemnified Party mayparticipate in the defense or settlement of such a claim with counselof its own choice and at its own expense; however, the IndemnifyingParty shall not enter into any settlement agreement that imposes anyobligation on the Indemnified Party without the Indemnified Party’sexpress prior written consent. GoGetIt242 assumes no liability, andshall have no liability, for any infringement claim pursuant tosection 13(iii) above based on Merchant’s access to and/or use ofthe GoGetIt242 Platform following notice of such an infringementclaim; any unauthorized modification of the GoGetIt242 Platform byMerchant; or Merchant’s combination of the GoGetIt242 Platform withthird party programs, services, data, hardware, or other materialswhich otherwise would not result in such infringement claim.
14.Limitation of Liability.
Exceptwith respect to amounts payable to third parties under Section 14(Indemnification), to the extent permitted by applicable law, (i)neither party will be liable to the other under this Agreement, forindirect, special, punitive or consequential damages, WHETHER BASEDON TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND whether or not suchparty has been advised of the possibility of such damages, and (ii)each party’s maximum aggregate liabilities related to or inconnection with this Agreement shall not exceed the total amount paidor payable by one party to the other party in the twelve (12) monthperiod immediately preceding the incident giving rise to theliability. The foregoing disclaimer shall not apply to the extentprohibited by law.
Duringthe term of the Agreement and for one year after, each party willmaintain adequate insurance in amounts not less than as required bylaw or that is common practice in such party’s business. Uponrequest, Merchant will provide GoGetIt242 with current certificatesof insurance or evidence of coverage. Such insurance shall not becancelled or materially reduced without thirty (30) days priorwritten notice to GoGetIt242. In no event shall the limits of anyinsurance policy be considered as limiting the liability of a partyunder this Agreement.
PLEASEREAD THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATEDISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEKRELIEF. THIS SECTION 16 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE“ARBITRATION AGREEMENT”.
Scopeof Arbitration Agreement. Anydispute, controversy or claim arising out of, relating to or inconnection with this contract, including the breach, termination orvalidity thereof, shall be finally resolved by binding arbitration,rather than in court, except that (1) you may assert claims in smallclaims court if your claims qualify, so long as the matter remainsin such court and advances only on an individual (non-class,non-representative) basis; and (2) you or the Company may seekequitable relief in court for infringement or other misuse ofintellectual property rights (such as trademarks, trade dress,domain names, trade secrets, copyrights, and patents). ThisArbitration Agreement shall apply, without limitation, to all claimsthat arose or were asserted before the Effective Date of thisAgreement. CASES HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERSMAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTIONCLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TOPARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH THECOMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATEIN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS,COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TOARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN ANINDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOUCOULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
ArbitrationRules and Forum. ThisArbitration Agreement is governed by the Laws of the Commonwealth ofthe Bahamas in all respects. To begin an arbitration proceeding, youmust send a letter requesting arbitration and describing your claimto GoGetIt242’s registered agent. The arbitration will beconducted under its rules and pursuant to the terms of thisAgreement.
ArbitratorPowers. Thearbitrator, and not any local court or agency, shall have exclusiveauthority to resolve any dispute relating to the interpretation,applicability, enforceability or formation of this ArbitrationAgreement including, but not limited to any claim that all or anypart of this Arbitration Agreement is void or voidable. Thearbitration will decide the rights and liabilities, if any, of youand the Company. The arbitration proceeding will not be consolidatedwith any other matters or joined with any other proceedings orparties. The arbitrator will have the authority to grant motionsdispositive of all or part of any claim or dispute. The arbitratorwill have the authority to award monetary damages and to grant anynon-monetary remedy or relief available to an individual underapplicable law, the arbitral forum’s rules, and this Agreement(including this Arbitration Agreement). The arbitrator will issue awritten statement of decision describing the essential findings andconclusions on which any award (or decision not to render an award)is based, including the calculation of any damages awarded. Thearbitrator shall follow the applicable law. The arbitrator has thesame authority to award relief on an individual basis that a judgein a court of law would have. The arbitrator’s decision is finaland binding on you and the Company.
Waiverof Jury Trial. YOUAND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUEIN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company areinstead electing to have claims and disputes resolved byarbitration, except as specified in Section 16(a) above. There is nojudge or jury in arbitration, and court review of an arbitrationaward is limited.
Waiverof Class or Consolidated Actions; Severability. YOUAND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHINTHE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, ORREPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OFTHIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASISAND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USERCANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSEOF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class orconsolidated actions is deemed invalid or unenforceable with respectto a particular claim or dispute, neither you nor the Company isentitled to arbitration of such claim or dispute. Instead, all suchclaims and disputes will then be resolved in a court as set forth inSection 17, and all other provisions of this Section 16 (DisputeResolution) shall remain in force. If any provision of this Section16 is adjudged to be void or otherwise unenforceable, in whole or inpart, the void or unenforceable provision shall be severed and suchadjudication shall not affect the validity of the remainder of thisSection 16.
OptOut. Youmay opt out of this Arbitration Agreement. If you do so, neither younor the Company can force the other to arbitrate as a result of thisAgreement. To opt out, you must notify the Company in writing nolater than 30 days after first becoming subject to this ArbitrationAgreement. Your notice must include your name and address, yourGoGetIt242 username (if any), the email address you used to set upyour GoGetIt242 account (if you have one), and a CLEAR statementthat you want to opt out of this Arbitration Agreement. You mustsend your opt-out notice to: merchantoptout@GoGetIt242.com.If you opt out of this Arbitration Agreement, all other parts ofthis Agreement will continue to apply to you. Opting out of thisArbitration Agreement has no effect on any other arbitrationagreements that you may have entered into with us or may enter intoin the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARYHEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFYTHE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND THE COMPANYRELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR,INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENTGOVERNING YOUR SERVICES AS A GOGETTER.
Survival.This Arbitration Agreement will survive any termination of yourrelationship with the Company.
Modification.Notwithstanding any provision in the Agreement to the contrary, weagree that if the Company makes any future material change to thisArbitration Agreement, it will not apply to any individual claim(s)that you had already provided notice of to the Company.
Nothingin these Terms is to be construed as creating an agency, partnership,or joint venture relationship between GoGetIt242 and Merchant, andexcept as expressly set forth herein, each party shall be responsiblefor its own costs of performance hereunder. As set forth on theSign-Up Sheet executed between Merchant and GoGetIt242, these Termsform part of an Agreement between the parties, which supersedes allprior agreements and communications of the parties, oral or written,with respect to the subject matter hereof. Except as set forthherein, no amendment to, or waiver of, any provision of thisAgreement will be effective unless in writing and signed by bothparties. The waiver by any party of any breach or default will notconstitute a waiver of any different or subsequent breach or default.This Agreement is governed by and interpreted in accordance with thelaws of the Commonwealth of the Bahamas without regard to theconflicts of laws principles thereof. Except as set forth above inSection 16 (“Dispute Resolution”), the parties hereby consent toexclusive jurisdiction in the courts of the Commonwealth of theBahamas. Merchant may not assign this Agreement in whole or in partwithout GoGetIt242’s prior written consent. GoGetIt242 may freelyassign this Agreement. This Agreement will be binding upon, and inureto the benefit of, the permitted successors and assigns of eachparty, but shall not confer any rights or remedies upon any otherthird party. All notices, requests, consents and other communicationshereunder must be in writing, and delivered by overnight courier tothe addresses set forth on the Sign-Up Sheet (or any updated addressproperly noticed hereunder). GoGetIt242’s registered address is:
KatherinaCourt, Suites 203 & 205, Olde Towne at Sandyport,
Ifany provision of this Agreement is held to be invalid, illegal orunenforceable for any reason, such invalidity, illegality orunenforceability will not affect any other provisions of thisAgreement, and this Agreement will be construed as if such invalid,illegal or unenforceable provision had never been contained here.