Terms of use

CONDITIONS FOR USE of WEBSITE

1. Definitions.
"bananatrips.pt" provides an interactive promotional online service operated by bananatrips.pt, Inc. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by bananatrips.co.uk, affiliates of bananatrips.pt and other third parties.

2. General.
These Terms and Conditions govern the use of this Website by the End User. By using this Website (other than to read this Agreement for the first time), or by creating an account, End User agrees to comply with all of these Terms and Conditions. The right to use this Website is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of bananatrips.pt, and bananatrips.pt shall not be responsible for any data lost while transmitting information on the Internet. While it is bananatrips.pt’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of bananatrips.pt, access to the Website may be interrupted, delayed, suspended or terminated from time to time, and that such interruptions or delays do not grant upon the End User any rights or entitlements.

bananatrips.pt shall have the right at any time to change or discontinue any aspect or feature of bananatrips.pt, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, bananatrips.pt may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. bananatrips.pt shall not be liable for any damages to the End User's equipment resulting from the use of this Website.

4. End User Conduct.
This Website and any individual bananatrips microsites now or hereinafter contained within or otherwise available through external hyperlinks with our Website (the "Microsites") are private property. All interactions on this Website and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage End Users interaction on our Website, we do insist and require that all End Users restrict any and all activity in connection with the use of this Website and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without bananatrips.pt's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in bananatrips.pt's exclusive discretion restricts or inhibits any other End User from using or enjoying this Website and/or any of the Microsites is strictly prohibited. End User shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with bananatrips.pt.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of bananatrips.pt, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of bananatrips.pt, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BANANATRIPS.PT, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of bananatrips.pt protected by copyright as a collective work under the United States copyright laws. bananatrips.pt owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of bananatrips.pt and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with bananatrips.pt shall not be deemed to be in the public domain but rather the exclusive property of bananatrips.pt, unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of bananatrips.pt, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. bananatrips.pt does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted bananatrips.pt the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants bananatrips.pt the right to edit, copy, publish and distribute any material made available on this Website by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of bananatrips.pt, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER BANANATRIPS.PT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES.

THIS WEBSITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT BANANATRIPS.PT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL BANANATRIPS.PT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER BANANATRIPS.PT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

BANANATRIPS.PT IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY BANANATRIPS.PT. MOREOVER, BANANATRIPS.PT RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, BANANATRIPS.PT, DEEMS UNSUITABLE.

7. Monitoring.
bananatrips.pt shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by bananatrips.pt, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, bananatrips.pt shall have the right to remove any material that bananatrips.pt, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. bananatrips.pt does not control or endorse the content, messages or information found in any Community, and, therefore, bananatrips.pt specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User publicly posts to bananatrips.pt (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by bananatrips.pt as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, End User grants bananatrips.pt the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see bananatrips.pt's Privacy Policy.

9. License Grant.
By posting communications on or through this Website, End User shall be deemed to have granted to bananatrips.pt a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

10. Indemnification.
You agree that to the fullest extent permitted by law You shall defend, indemnify and hold harmless bananatrips.pt, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys’ fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), Your use of this Website, and/or Your purchase or use of anything available through bananatrips.pt and/or this Website (including, but not limited to, the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, bananatrips.pt Gift Certificate, or bananatrips.pt Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, bananatrips.pt Gift Certificate, or bananatrips.pt Gift Card), provided that: (1) such claim, damage, loss, cost, or expense is caused or alleged to be caused by Your negligent acts, negligent omissions, and/or fault, regardless of whether caused in part by the negligent act, negligent omission, or fault of a party indemnified hereunder; or (2) such claim, damage, loss, cost, or expense is caused or alleged to be caused by the negligent acts, negligent omissions, and/or fault of bananatrips.pt, its affiliates and their respective directors, officers, employees and agents and provided such claim, damage, loss, cost, or expense is not caused by the sole negligence or fault of a party indemnified hereunder.

11. Termination.
bananatrips.pt may terminate this Agreement at any time. Without limiting the foregoing, bananatrips.pt shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which bananatrips.pt, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 4, 5, 6, 9, 10, 12, 13, 14, 15, and 16 will survive termination of this Agreement.

12. Trademarks.
bananatrips.pt is a trademark of bananatrips.pt, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on bananatrips.pt are the property of their respective owners.

13. Third Party Content.
bananatrips.pt, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, bananatrips.pt has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of bananatrips.pt. Neither bananatrips.pt nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with bananatrips.pt. bananatrips.pt neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on bananatrips.pt by anyone other than authorized bananatrips.pt employee spokespersons while acting in official capacities. Under no circumstances will bananatrips.pt be liable for any loss or damage caused by End User's reliance on information obtained through bananatrips.pt. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through bananatrips.pt.

bananatrips.pt contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by bananatrips.pt of the contents on such third-party websites and bananatrips.pt hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with bananatrips.pt expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. bananatrips.pt reserves the right to revoke its consent to any link at any time in its sole discretion.

14. Applicable Law
bananatrips.pt’s headquarters are in Porto, Portugal. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through bananatrips.pt and/or the Website (including the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, bananatrips.pt Gift Certificate, or bananatrips.pt Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, bananatrips.pt Gift Certificate, or bananatrips.pt Gift Card) shall be governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflict of laws).

15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
ALL DISPUTES SUBJECT TO THIS AGREEMENT SHALL BE RESOLVED IN BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION AND ACKNOWLEDGE THAT YOU ARE FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. THE RULES IN ARBITRATION ARE DIFFERENT AND REVIEW IS LIMITED. AN ARBITRATION CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THE AGREEMENT AS A COURT WOULD.

a. DISPUTES SUBJECT TO ARBITRATION
YOU AND WE BOTH AGREE THAT ANY CONTROVERSY OR CLAIM (INCLUDING CLAIMS ALLEGING VIOLATIONS OF COMMON LAW AND/OR ANY AND ALL STATE OR FEDERAL STATUTES OR REGULATIONS) ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING THE PERFORMANCE, BREACH, OR TERMINATION OF THIS AGREEMENT AND/OR THE PURCHASE OF ANYTHING PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT), YOUR USE OF THE WEBSITE, AND/OR YOUR PURCHASE OF ANYTHING AVAILABLE THROUGH BANANATRIPS.PT AND/OR THE WEBSITE (INCLUDING the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, bananatrips.pt gift Certificate, or bananatrips.pt Gift Card, and/or the use of a Restaurant-Specific gift Certificate, Merchant Certificate, bananatrips.pt gift Certificate, or bananatrips.pt Gift Card) WILL BE SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT.

THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE FORUM FOR RESOLVING DISPUTES.

b. ATTORNEYS’ FEES MAY BE RECOVERED IN ARBITRATION
IN AN ARBITRATION, YOU AND WE BOTH AGREE TO BE RESPONSIBLE FOR PAYMENT OF OUR OWN ATTORNEYS’ FEES. HOWEVER, IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD ATTORNEYS’ FEES.

c. LOCATION OF ARBITRATION
YOU AND WE BOTH AGREE THAT ANY ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT SHALL OCCUR IN CHICAGO, ILLINOIS.

d. ENFORCEMENT OF ARBITRATION AWARD
YOU AND WE BOTH AGREE THAT ANY ENFORCEMENT OF AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT MUST BE BROUGHT IN THE STATE COURTS OF THE STATE OF ILLINOIS AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

e. WAIVER OF CLASS ARBITRATION AND REPRESENTATIVE CLAIMS IN ARBITRATION
ALL ARBITRATION PROCEEDINGS SHALL BE INDIVIDUAL ARBITRATIONS, AND YOU EXPRESSLY AGREE THAT NO OTHER CLAIMS MAY BE JOINED WITH YOUR CLAIMS. IN ADDITION, YOU AGREE THAT YOU HAVE VOLUNTARILY WAIVED THE RIGHT TO FILE OR JOIN A CLASS ACTION LAWSUIT AND EXPRESSLY ACKNOWLEDGE THAT THE PARTIES REJECT CLASS ARBITRATION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN, SUE ON BEHALF OF A PUTATIVE CLASS OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OF THE WEB-SITE OR PURCHASERS OR USERS OF ANYTHING AVAILABLE THOUGH BANANATRIPS.PT AND/OR THIS WEBSITE, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE, A CLASS ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

f. SEVERABILITY
YOU AND WE AGREE THAT IF FOR ANY REASON ANY PROVISION OF THIS PARAGRAPH 15, WITH THE EXCEPTION OF THE WAIVER OF CLASS ARBITRATION SET FORTH IN PARAGRAPH 15(E) OF THIS AGREEMENT, IS DEEMED INVALID OR UNENFORCEABLE BY ANY ARBITRATOR OR COURT, THAT PROVISION SHALL BE SEVERED AND THUS REMOVED FROM THIS AGREEMENT, AND THE AGREEMENT TO ARBITRATE SHALL OTHERWISE REMAIN BINDING ON YOU AND WE BOTH.

IF A COURT OR ARBITRATOR DETERMINES THAT THE WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS SET FORTH IN PARAGRAPH 15(E) IS INVALID OR UNENFORCEABLE, YOU AND WE BOTH AGREE THAT THE ARBITRATION AGREEMENT SET FORTH IN PARAGRAPH 15 OF THIS AGREEMENT WILL NOT APPLY AND ANY DISPUTE SUBJECT TO ARBITRATION (AS DEFINED IN SECTION 15 A) SHALL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION IN THE STATE OR FEDERAL COURTS IN ILLINOIS. THAT IS, YOU AND WE AGREE THAT PARAGRAPH 15(E) PROHIBITING CLASS ACTIONS CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED TO IN WRITING, IT IS THE EXPRESS INTENTION OF BOTH PARTIES NOT TO PROCEED WITH ANY DISPUTE BY WAY OF CLASS ARBITRATION

16. Miscellaneous.
This Agreement and any operating rules for bananatrips.pt established by bananatrips.pt constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.