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Terms of Use Agreement |
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WELCOME |
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Welcome to g-romance, a computerized matchmaking service that connects
single men and women of the Lesbian, Gay, Bi-sexual, Transgender, and
Queer (LGBTQ) community. g-romance is designed to be an inclusive site
for all members of the LGBTQ community hoping to meet the partner of
their dreams. It takes information that you provide as part of a brief
character survey and uses a computer program to identify other
individuals who share compatibility components. It offers a social
environment to exchange user-generated content, such as photos, letters,
film, and music. While we can't promise eternal love, we hope to create
an environment where you can at least increase your chances! |
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WHO WE ARE |
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This web site, g-romance.com (the "Site"), is owned and operated by
g-romance, LLC, a Michigan limited liability company with offices at
1008 Devonshire Road, Grosse Pointe Park, Michigan 48230. |
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In these Terms of Use ("TOU" or "Agreement"), g-romance, LLC is
sometimes referred to as "g-romance", "we", or "us". |
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The visitors to the Site are referred to as Users or "you", and Users
who join g-romance are referred to as "Members". |
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PURPOSE OF G-ROMANCE; MEMBER SERVICES; FEES |
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There are a lot of web sites that claim to be social networking sites
targeted to the LGBTQ community. This one is different. It is intended
to give people the opportunity to find a more serious relationship -
perhaps even a life partner. It is expressly not for those looking for
superficial relationships or a "one night stand.". |
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Your commitment to this sort of relationship is part of the terms of
this Agreement. It is one of the reasons g-romance gathers personal
information about you for use with its computer-based matchmaking
service. |
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Our services are as follows ("Services"): |
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You complete an intake form. |
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You select the term of your membership (from one month to one year, renewable) and pay the applicable, nonrefundable, membership fee. |
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You provide us a photo (face only). |
▪ We provide you a survey, which you complete accurately and completely
and return to us. |
▪ We use a computer program to locate individuals whoseem to be a good match, and send you information about those individuals. |
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You decide whether to contact those individuals, and theydecide whether
to respond to you. |
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You will not be able to access our web bank of Members or our survey
results. |
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Fees are subject to change and are stated in U.S. dollars in our Pricing
Terms, posted to the g-romance web site and incorporated into this
Agreement. |
We cannot, of course, guarantee that our matchmaking efforts will find a
partner for you. Success depends upon many factors, including the number
of Members, the accuracy and completeness of information provided, the
commitment of Members to the goals of the Site, and the complex world of
relationships. We do hope, however, that our approach will improve the
chances that you can meet someone with whom you share certain core
values. Please let us know of ways that we can improve the Site or our
Services.
Now onto more legal terms. They are important in ensuring that you are a
good fit for the goals of this Site, and for setting out the terms of
our business relationship. |
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ACCEPTANCE OF TERMS OF USE |
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THIS IS A LEGAL DOCUMENT AND IS BINDING UPON YOU AND G-ROMANCE. IF YOU
DO NOT AGREE WITH EACH AND EVERY ONE OF THE LEGAL AND BUSINESS TERMS, DO
NOT USE THE SITE AND DO NOT JOIN AS A MEMBER. |
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PRIVACY POLICY |
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This Agreement incorporates g-romance's Privacy Policy ("Privacy
Policy"). Please note that g-romance collects personal information,
including the information you provide pursuant to the Member
questionnaire, and uses it in connection with its provision of Member
Services. |
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Please note that g-romance may disclose information you provide if
required to do so by law, at the request of a third party, or if we, in
our sole discretion, believe that disclosure is reasonable to (1) comply
with the law, requests or orders from law enforcement, or any legal
process (whether or not such disclosure is required by applicable law);
(2) protect or defend g-romance's, or a third party's rights or
property; or (3) protect someone's health or safety, such as when harm
or violence against any person (including a Member) is threatened. |
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CHANGES TO AGREEMENT |
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This Agreement may be revised from time to time. We will give you notice
in writing of any changes, either by email or by posting to the Site. If
you do not accept the revised Agreement, your Membership will terminate.
Your continued use of the Site or the Services after the posting of
revisions to this Agreement will constitute your acceptance of such
revisions. |
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YOUR PROMISES TO G-ROMANCE |
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There are certain promises you make to g-romance that are critical to
your entitlement to join as a Member, to remain as a Member, and to
fulfill your obligations as follows: |
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(a) Minimum Age. You are at least eighteen (18) years of age. If you are
not at least eighteen years old, you must exit this Site and may not
become a Member. |
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(b) Marital Status. You are not married. If you are separated, but not
yet legally divorced, you may not use the Site or Services. |
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(c) No Criminal History. You have never been convicted of a felony and
are not required to register as a sex offender with any government
entity. |
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(d)
Exclusive Use. Your account is for your personal use only. You will not authorize
others to use your account, and you will not assign or otherwise
transfer your account to any other individual or entity. |
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(e) Account Security. You are responsible for maintaining the
confidentiality of your account information and keeping your password
secure. |
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(f) No False Information. All the information you provide to g-romance,
and to any of its Members, will be accurate and truthful. You will not
provide inaccurate, misleading, or false information to g-romance or to
any other Member. If information previously provided subsequently
becomes inaccurate, misleading, or false, you will promptly notify
g-romance of such change. |
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(g) No Advertising or Commercial Solicitation. You will not advertise or
solicit any Member to buy or sell any products or services through the
Site or Services. |
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(h) Information or Content Posted. You own all rights, including
intellectual property rights (or otherwise have sufficient legal rights)
in all content posted to or transmitted through the Site, or to another
Member as a part of the Services. You are solely responsible, and assume
all liability for, the information and content you post, transmit,
publish, or otherwise make available on the Site or through the
Services. You agree not to post or transmit content that is intended to
threaten, harm, mislead, or offend others. |
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(i) Prohibited Content. This section of the Agreement is somewhat
lengthy, and intentionally so. Over the past several years, we have seen
certain conduct take place at social networking and matchmaking sites;
not all if it is lawful or, in the opinion of g-romance, appropriate.
g-romance is taking the high road, and its Members must understand and
agree to an ethical standard of conduct. Accordingly, you agree not to
engage in certain conduct or to post Prohibited Content, including
conduct/content that: |
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promotes racism, bigotry, hatred; |
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promotes the physical, mental, or psychological harm of any person or
group of persons; |
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harasses, annoys, threatens, or intimidates any other person; |
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collects or solicits personal information about anyone under the age of
18 years; |
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exploits another person, in particular in a manner that is emotional,
sexual, psychological, financial, or physical; |
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contains under age nudity, violence, or offensive subject matter; |
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contains a link to an adult website; |
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is defamatory, inaccurate, abusive, profane, offensive,
pornographic, obscene, or otherwise objectionable in the opinion of a
Member or in the opinion of g-romance; |
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▪ promotes or enables unlawful activities; |
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disseminates another person's personal information without his or her
permission; |
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▪ collects or solicits another person's personal information for any
purpose other than in connection with g-romance's Services; |
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impersonates, or otherwise misrepresents affiliation, association, or
connection with, any person or entity; |
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contains video, audio, or photographs of another person without his or
her permission; |
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contains others' copyrighted material unless without obtaining
permission first; |
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violates the privacy rights, publicity rights, copyrights, trademark
rights, contract rights, or any other rights of any person. |
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is in any way used for or in connection with "spamming","spimming", "phishing",
"trolling," chain letters,unsolicited communications, or similar
activities. |
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(j)Reporting of Violations. You agree to promptly report to g-romance
any conduct of others that you believe violates this Agreement. |
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INVESTIGATIONS;
POSSIBLE ACTIONS BY G-ROMANCE |
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g-romance reserves the broadest rights allowable under law and this
Agreement to take actions it deems appropriate with respect to the
content and conduct at the Site. |
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Members may contact g-romance to complain, in writing, of any conduct
that they believe is inconsistent with the obligations of Members under
this Agreement./td> |
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You understand and acknowledge that g-romance may take actions with
which you disagree, and it may (by way of example and not limitation)
remove content, destroy electronic files that you have posted or
transmitted, report content to law enforcement, notify third parties of
the content posted, and terminate your Membership. |
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g-romance does not currently require the conduct of criminal background
screenings on its members. However, g-romance reserves the right to
conduct a criminal background check, at any time, and you agree to
provide g-romance with personal information necessary to allow it to
conduct such a background check. |
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INDEMNIFICATION |
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You hereby indemnify, hold harmless, and agree to defend g-romance, its
officers, directors, employees, members, agents, and third parties, for
any damages, losses, costs, liabilities, and expenses (including
reasonable attorneys' fees) relating to or arising out of (1) conduct by
you inconsistent with your representations and warranties under this
Agreement, (2) your misuse of the Site or Services, (3) any content
postings or transmissions by you, (4) your conduct with respect to any
other Member, or (5) your violation of any applicable laws, rules or
regulations. g-romance reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with
g-romance in asserting any available defenses. |
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ASSUMPTION
OF THE RISK; WAIVER AND GENERAL RELEASE |
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Although g-romance reserves the right to take certain actions (above) it
has no legal duty to review or delete content or to terminate Membership
services. Any Member believing that another Member is acting in a manner
inconsistent with the terms of this Agreement has the right to terminate
its receipt of future Services. This right of termination is the sole
remedy available to Members from g-romance. |
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To the greatest extent permitted by law, you (for yourself and any
person or representative claiming through you) waive, and generally
release g-romance from, any claims that you may have against g-romance
whether known or unknown, relating to the Site, this Agreement, and your
Membership. "Claims" means all liabilities, demands, costs, attorneys'
fees, causes of action, and damages. g-romance includes its business
members, successors, assigns, directors, officers, employees, agents,
and attorneys. |
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TERMINATION; EXCLUSIVE REMEDY |
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Either you or g-romance may terminate your account at any time for any
reason. Your obligation to pay Membership fees (if any) terminates upon
conclusion of your membership; provided that you are obligated to pay
through the end of the Membership term for which you signed up, unless
you demonstrate that g-romance has failed to provide the Services
described in this Agreement. All decisions regarding the termination of
accounts will be made by the sole discretion of g-romance. g-romance is
not required to provide you notice prior to terminating your account.
g-romance is not required to disclose a reason for the termination of
your account. |
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You hereby accept, as the sole and exclusive remedy for any claim by you
of improper termination by g-romance, a refund of the Membership fees
paid by you in the preceding three (3) months and discharge of your
obligation to pay through the balance of the then-current Membership
term. All terms that by their nature may survive termination of this
Agreement will be deemed to survive such termination. |
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PROPRIETARY RIGHTS |
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Ownership of Proprietary Information. Your use of copyrighted material,
trademarks, or other proprietary information of third parties at this
Site must be either with the prior written consent of the owner of such
proprietary rights, or as permitted by law. |
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License to Posted Information or Content. By posting information or
content to any area of the Site, or by transmitting it to a Member in
connection with the Services, you grant g-romance an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use the
Content in connection with its operation of the Site and implementation
of this Agreement. |
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DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE |
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▪ Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the
following g-romance Designated Agent: |
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Copyright Agent
g-romance, LLC
info@g-romance.com |
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To be effective, the notification must be a written communication that
includes the following: |
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▪ A physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. |
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▪ Identification of the copyrighted work claimed to have been infringed,
or multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.; |
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? Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. |
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? Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. |
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? A statement that the complaining party has 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; |
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? A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining partyis authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
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Any other requirements under U.S. law. |
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g-romance may give notice to g-romance's Users by means of a general notice on this Site, electronic mail to a user's e-mail address on g-romance's records, or by written communication sent by first-class mail to a User's address on g-romance's records. |
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DISCLAIMER |
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TO THE EXTENT PERMITTED BY LAW, OTHER THAN ITS REPRESENTATIONS REGARDING ITS SERVICES, G-ROMANCE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. |
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LIMITATION OF LIABILITY AND ACTIONS |
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Incidental Damages. REGARDLESS OF THE FORM OF ACTION OR THEORY OF
RECOVERY, IN NO EVENT WILL G-ROMANCE BE LIABLE OR RESPONSIBLE TO YOU IN
CONNECTION WITH THE SITE OR SERVICES FOR ANY: (A) INCIDENTAL, INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST
REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR
BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT
GREATER THAN FIVE HUNDRED DOLLARS ($500 USD). ANY CLAIM RELATED TO THE
SITE OR THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE
YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH
CLAIM AGAINST G-ROMANCE. |
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No Liability for non-g-romance Actions. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL G-ROMANCE BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT
OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE SERVICES,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY
OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS
OF THE SITE OR SERVICES. |
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GENERAL PROVISIONS |
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Michigan Law. In order to ensure consistency in the interpretation and
enforcement of this Agreement and g-romance's rights in the Site, this
Agreement will be governed exclusively by Michigan law and controlling
United States federal law, without regard to the choice or conflicts of
law provisions of any jurisdiction. |
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Jurisdiction and Forum for Dispute Resolution. You expressly agree that
any litigation arising between you and g-romance related, in any way, to
the Site or this Agreement, or any and all disputes, actions, claims, or
causes of action related thereto, will be initiated and maintained only
in the U.S. District Court for the Eastern District of Michigan,
Southern Division, or the Circuit Court of the County of Washtenaw,
Michigan. You expressly consent and irrevocably submit to the exclusive
personal jurisdiction and venue of such courts and waive any assertion
of forum non conveniens. |
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Entire Agreement. This Agreement, together with the Privacy Policy and
the Services Policy and any other legal notices published by g-romance
on the Site, will constitute the entire agreement between you and
g-romance concerning the g-romance Site and Services. |
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Severability. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, then such
provision will be modified to the extent necessary to be valid and
enforceable, and all other provisions of this Agreement will remain in
full force and effect. |
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Waiver. The failure of g-romance to enforce any right or provision in
this Agreement will not constitute a waiver of such right or provision
unless acknowledged and agreed to by g-romance in writing. |
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