About Marvel: Corporate Information

MARVEL UNLIMITED TERMS OF USE

Last Modified: February 23, 2013

Introduction


The following terms of use (the "Terms of Use") govern your (for the purposes of these Terms of Use, you, the subscriber, shall be referred to as "you" or "your" or "subscriber") use of the Marvel Unlimited subscription service (the "Service") located within (i) the website available at the URL marvel.com (or such other website(s) or Internet locations as determined by Marvel in its discretion) (collectively, the "Website") and (ii) the Marvel Unlimited app (or such other app(s) as determined by Marvel in its discretion) (collectively, the "App"). These Terms of Use apply solely to your use of this Service; for terms and conditions governing your general use of the Marvel.com website and Marvel print subscription products, click here. For terms and conditions governing your general use of the Marvel Unlimited Web Reader, Marvel Unlimited App and Marvel digital comics, click here. The Service, Website and App are made available by Marvel Worldwide, Inc. or any of its affiliates or subsidiaries ("Marvel" or "we" or "us" or "our"). From time to time, Marvel may change these Terms of Use, without notice to you, by posting such changes on the Website and/or App. You should regularly check the last section of these Terms of Use to see if when the most recent changes have been made. By continuing to access and use the Service after the Terms of Use have been modified, you are agreeing to such modifications. If you do not agree to the then current Terms of Use, you must cease using the Service and cancel your subscription in accordance with our Cancellation Policy as described below. In addition, when using the Service on the Website and/or App, you shall be subject to any posted guidelines or rules applicable to such Service, features or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.


Terms and Conditions


Marvel Unlimited is an automatically renewing subscription-based service that allows you to access, view and read Marvel comics online in a variety of formats.

  1. Offer, Payment and Billing Terms and Conditions; Automatic Renewal; Cancellation


    By becoming a subscriber to the Service, you will be charged the fee for the subscription term that you select in the signup/registration process, committing you to a subscription period of the time frame of your selection - you may choose a monthly or annual (or such other term offered by Marvel from time to time) automatically renewing (except where otherwise specified in the offer) subscription, which may be cancelled as set forth below. In the event you subscribe to the Service, you shall immediately be charged the entire amount equivalent to the advertised price for either one (1) month or one (1) year of service (or such other term offered by Marvel from time to time), depending upon the term that you selected.

    YOU HEREBY AUTHORIZE MARVEL TO CHARGE YOUR CREDIT CARD FOR EACH RENEWAL TERM AT THE THEN-CURRENT SUBSCRIPTION FEE.

    THE SAME CREDIT CARD THAT YOU USED TO SUBSCRIBE INITIALLY WILL BE AUTOMATICALLY CHARGED BASED UPON YOUR SUBSCRIPTION PLAN FOR AS LONG AS YOU RETAIN YOUR SUBSCRIPTION TO THE SERVICE. AT ANY TIME, YOU MAY UPDATE OR CHANGE YOUR PAYMENT METHOD BY ACCESSING MY ACCOUNT PROFILE.

    PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA or MASTERCARD CREDIT CARD. MARVEL DOES NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY MARVEL IMMEDIATELY IN WRITING BY CONTACTING ONLINESUPPORT@MARVEL.COM IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO MARVEL WHEN YOU REGISTERED FOR YOUR SUBSCRIPTION IS A DEBIT CARD NUMBER, OR IF YOUR CREDIT CARD INFORMATION CHANGES. FAILURE TO NOTIFY MARVEL MAY RESULT IN YOUR DEBIT CARD BEING CHARGED.

    You hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. All charges are billed in U.S. Dollars and are subject to other fees which the institution issuing your credit card may impose, for example fees for foreign currency transactions.

    Your right to use the Service is conditional upon Marvel's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

    To review the billing terms of your account, you may access your account details via My Account.

    Automatic Renewal


    Upon expiration of the initial subscription term, your subscription will automatically renew at the end of each subscription term. Your renewal subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.). YOU CAN CANCEL ANY TIME AFTER YOU HAVE SIGNED UP, BUT YOU WILL CONTINUE TO HAVE MEMBER ACCESS AND BE CHARGED THROUGH THE END OF YOUR SUBSCRIPTION TERM, AT WHICH TIME YOU WILL NOT BE BILLED AGAIN.

    EXCEPT WHERE PROHIBITED BY LAW, FOR ALL AUTOMATICALLY RENEWING SUBSCRIPTIONS OF LESS THAN 1 YEAR, YOU AGREE THAT MARVEL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. FOR YEARLY AUTOMATICALLY RENEWING SUBSCRIPTIONS, YOU AGREE THAT MARVEL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES, OTHER THAN ONE NOTICE VIA E-MAIL, NO LESS THAN 30 DAYS AND NO MORE THAN 60 DAYS BEFORE THE END OF THE THEN CURRENT ANNUAL SUBSCRIPTION TERM, WHICH INDICATES: A) THE DATE ON WHICH THE RENEWAL WILL BE EFFECTIVE; B) SUFFICIENT INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE INDIVIDUAL TO VERIFY THE CONTINUED USE OF SUCH CARD, WITHOUT PROVIDING FULL CARD DETAILS; C) HOW TO CANCEL YOUR SUBSCRIPTION, D) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED AT THE TIME OF RENEWAL; E) THE LENGTH OF THE SUBSCRIPTION TERM WHICH THE NEW CHARGE ENABLES; AND F) THE DEADLINE BY WHICH YOU MUST CANCEL TO AVOID ANY CHARGES INCLUDING RENEWAL OF YOUR SUBSCRIPTION.

    MARVEL WILL NOTIFY YOU OF ANY CHANGE IN THE THEN CURRENT SUBSCRIPTION FEE VIA E-MAIL NO LESS THAN 30 DAYS IN ADVANCE OF ANY SUCH CHANGE.

    Cancellation Policy


    If you wish to cancel your Service prior to auto-renewal, you must do so by notifying us (as set forth below) by 5 pm EST on the last day of your subscription term (unless the offer you have selected specifically does not permit cancellation within a specified time period) in order to allow us to process your cancellation request. If we receive your cancellation request after such time, you will automatically be charged for the next subscription term.

    1. Email customer service: onlinesupport@marvel.com
    2. Cancel your subscription through your "My Account" page by going to the following link: https://marvel.com/my_account/subscription/cancel.

    Marvel will confirm receipt of your cancellation request via email or website confirmation page.

    UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAWS.

  2. Special Offers


    From time to time, special offers may be made by Marvel to you as a benefit of or in connection with your subscription. If you have affirmatively responded to one of these special offers, the terms and conditions shall apply that are stated in the special offer promotional materials and any related sign-up procedure and not these Terms of Use.

  3. General Terms and Conditions

    1. MINIMUM AGE REQUIREMENTS: You must be 18 years of age or older to subscribe to this Service. In the event that you reside in a jurisdiction where the age of majority is older than 18 years of age, then the minimum age in such jurisdictions shall be the age of majority

    2. PERSONALLY IDENTIFIABLE INFORMATION:

      1. The only manner of subscribing to the Service is via sign-up on the Website located here.
      2. In subscribing to the Service, you will be asked to provide Marvel personally identifiable information including but not limited to, your first and last names, your street address (including the city, state/province and zip/postal code), your telephone number, your email address and your credit card number. This information will be used by Marvel and its authorized agents for the purpose of managing your subscription to the Service. You agree that you have read and understand the Marvel Privacy Policy and that you shall be bound by its terms and conditions as part of these Terms of Use.
      3. As part of the Service, you agree to receive Service-related emails from Marvel concerning the Service for the duration of your subscription, which may include without limitation, periodic email communications from Marvel concerning the status of your subscription account, and notices related to automatic renewal. You may also receive promotional offers to which you may opt-out on your "My Account" page. Please note that you will receive Service-related e-mails notwithstanding any request to opt-out of receiving promotional emails from Marvel.

    3. ACCOUNTS, PASSWORDS and SECURITY: In subscribing to the Service, you must complete the registration process by providing Marvel with current, complete and accurate information for your account, as prompted by the applicable registration form. You acknowledge that by providing any information to Marvel that is untrue, inaccurate, or incomplete, Marvel reserves the right to terminate these Terms of Use and your continued access and use of the Service.

      As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Marvel immediately of any unauthorized use of your account or any other breach of security. Marvel will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Marvel or another party due to someone else using your account or password.

    4. PROMOTIONS: Marvel occasionally provides contests, sweepstakes, games and other Marvel or third party promotions to its subscribers and other registered users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures.

    5. LIMITED LICENSE: Marvel grants to you a limited personal, non-exclusive and non-transferable right and license to access the Service. Unless otherwise specified in writing, the Service is for your personal and non-commercial use. You acknowledge that you may not sublicense, transfer, convey, sell, or assign this license or the Service. Any attempts to sublicense, transfer, sell, or assign the license are void.

    6. PROHIBITED ACTIVITIES: In connection with your use of the Service, you acknowledge and agree that you will not:

      1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any Content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, Content or services obtained through the Service;
      2. access the Service by any means other than through the standard industry-accepted or Marvel-provided or authorized interfaces;
      3. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another's right of privacy or publicity;
      4. impersonate any person or entity, including without limitation, a Marvel official, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
      5. post or transmit any material that contains a virus or corrupted data;
      6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      7. use any of the Service features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
      8. violate any applicable local, state, provincial, national or international law;
      9. upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;
      10. manipulate or otherwise display the Service by using framing or similar navigational technology;
      11. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Marvel product or service if you are not expressly authorized by such party to do so; or
      12. use the Website, App or the Service for any purpose that is unlawful or prohibited by these Terms of Use.

      You may not use the Service in any manner that could damage, disable, overburden or impair Marvel's servers or networks, or interfere with any other user's use and enjoyment of the Service. Furthermore, you may not attempt to gain unauthorized access to any of the Service, other Website services, accounts, computer systems or networks connected to Marvel through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

    7. DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE, APP AND THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MARVEL AND ITS RESPECTIVE AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITE, APP AND SERVICE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SERVICE SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTERS, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, APP, WEBSITE OR SERVER(S) ON WHICH THE WEBSITE, APP AND SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE, APP AND SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE, APP AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK. IF A TERM IS IMPLIED BY LAW INTO THESE TERMS OF USE AND THE LAW PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING LIABILITY UNDER THAT TERM, THEN IT WILL BE INCLUDED IN THESE TERMS OF USE. HOWEVER, OUR LIABILITY FOR BREACH OF SUCH TERM WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED, AT OUR OPTION, TO THE SUPPLY OF THE RELEVANT SERVICE OR THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED TO YOU.

    8. RELEASE: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARVEL NOR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP AND/OR SERVICE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE WEBSITE, APP AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, IF MARVEL IS HELD LIABLE UNDER THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR WEBSITE OR ANY APP (WHETHER OR NOT ASSOCIATED WITH THIS SERVICE), OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED.

    9. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MARVEL OR THE RELEASED PARTIES NOR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICE, WEBSITE AND/OR APP; (ii) ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WEBSITE AND/OR APP; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE VIA THE SERVICE, WEBSITE AND/OR APP; (iv) ANY PRODUCT OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, WEBSITE AND/OR APP; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE, WEBSITE AND/OR APP; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT AVAILABLE VIA THE SERVICE, WEBSITE AND/OR APP, or (vii) ANY OTHER MATTER RELATING TO THE SERVICE, WEBSITE AND/OR APP. IN NO EVENT SHALL RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH THE SERVICE, WEBSITE AND/OR APP, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

    10. NOTICES: Marvel may deliver notice to you under these Terms of Use or any other published policy on the Website and/or App by email, a general notice published on the Website and/or App. If you receive an email (or postal mail) that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. In the event that your credit card information has expired or does not accept our charge, we shall provide you notice via email, and request you to update your account with new credit card information. We shall only refer to your credit card information via its last four digits. You may give notice to us via email, by certified mail or by overnight courier to the following address:

      Marvel Worldwide, Inc., 135 West 50th Street, New York, NY 10020 Attn: Assistant Chief Counsel

    11. GEOGRAPHIC LIMITS OF SERVICE: Marvel reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire. This Service is subject to United States export controls, and may not be used, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14, and any amendments thereto, as applicable.

    12. TERMINATION: These Terms of Use shall remain effective until terminated in accordance with its own terms and conditions. You agree that Marvel, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Service, and remove and discard any Content accessible via the Service, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of these Terms of Use that provide for continuing obligations on your part shall survive indefinitely.

    13. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under these Terms of Use without Marvel's express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate these Terms of Use and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.

      Marvel may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.

    14. MISCELLANEOUS TERMS AND CONDITIONS: These Terms of Use constitute the entire agreement and understanding between you and Marvel and governs your use of the Service, superseding any prior agreements between you and Marvel. These Terms of Use and the relationship between you and Marvel shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions. You and Marvel irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Marvel to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

      No waiver by Marvel of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

    15. CHANGES TO TERMS OF USE: These Terms of Use were published on February 25, 2013.