Advanced Technology International (ATI) (“Company” or “we”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:
The types of information the Company may collect or that you may provide when you download, install, register an account with, access, or use Alastar Collaboration (the “Application“).
The Company's practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information the Company collects in this Application and in email, text, and other electronic communications sent through or in connection with the Application.
This policy DOES NOT apply to information that:
The Company collects offline or on any other Company applications or websites, including websites you may access through this Application.
You provide to or is collected by any third party (see Third-Party Information Collection).
The Company's websites you may access through this Application and other third party websites and applications have their own privacy policies, which we encourage you to read before providing information on or through them. The Company is not responsible for the use or storage of your information through an affiliated or third-party website.
Please read this policy carefully to understand the Company's policies and practices regarding your information and how it is treated. If you do not agree with these policies and practices, do not download, connect to, or use this Application. By downloading, connecting to, or using this Application, you agree to this privacy policy.
This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Application after revision to this policy means you accept those changes, so please check the policy periodically for updates.
II. Children Under the Age of 16
The Application is not intended for children under 16 years of age, and Company does not knowingly collect personal information from children under 16. If the Company learns that we have collected or received personal information from a child under 16 without verification of parental consent, the Company will delete that information. If you believe the Company might have any information from or about a child under 16, please contact us immediately using the “Contact us” feature of the Application.
III. Information We Collect and How We Collect It
The Company collects information from and about users of the Application:
Directly from you when you provide it to us.
Automatically when you use the Application.
From information that you provide on other Company websites or services and affiliated websites or services, such as event registrations, membership applications, or the Collaboration Portal.
a. Information You Provide to Us
When you download, register with, or use the Application, we may ask you provide information:
By which you may be personally identified, such as name, email address, or telephone number (“personal information“).
That is about you but individually does not identify you, such as your employer or the business that is a member of a Company.
This information includes:
Information that you provide by filling in forms in the Application at the time of registering to use the Application, subscribing to the Company's services, posting material, linking the Application to other services (such as Google or LinkedIn accounts), and requesting further services. We may also ask you for information when you contact the Company or report a problem with the Application.
Records and copies of your correspondence using the Application, (including email addresses and phone numbers), including your communications with the Company if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Your search queries/search history on the Application.
You may also provide information for publication or display (“Posted“) on public areas of the Application or websites you access through the Application (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by adjusting your user profile or changing the settings on a particular post, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, the Company cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons. Additionally, your User Contributions shall not include non-public information, including proprietary information.
b. Automatic Information Collection and Tracking
When you download, access, and use the Application, it may use technology to automatically collect:
Usage Details. Company may automatically collect certain details of your access to and use of the Application, including logs, and other communication data and the resources that you access and use on or through the Application.
Device Information. The Company may collect information about your mobile device and internet connection, including the device's unique identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
If you do not want the Company to collect this information, do not download the Application or delete it from your device. NOTE: This Application does not collect real-time information about the location of your device.
The Company also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). See Your Choices About Our Collection, Use, and Disclosure of Your Information for information on how you can opt-out of behavioral tracking and other mechanisms that enable consumers to exercise choice about behavioral tracking.
c. Information Collection and Tracking Technologies
The technologies the Company uses for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting, you may be unable to access certain parts of the Application.
Web Beacons. Pages of the Application and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Application statistics (for example, recording the popularity of certain application content and verifying system and server integrity).
d. Third-Party Information Collection
When you use the Application or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Your mobile device manufacturer.
Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
Company does not control these third-party tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
IV. How We Use Your Information
The Company uses information collected about you or that you provide, including any personal information, to:
Provide you with the Application and its contents, and any other information, products, or services that you request from the Company.
Fulfill any other purpose for which you provide the information.
Give you notices about your account.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and the Company.
Notify you when Application updates are available, and of changes to any products or services the Company offers or provides though the Application.
The usage information collected helps the Company to improve the Application and deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Application according to your individual interests.
Recognize you when you use the Application.
The Company may also use your information to contact you about our own and our affiliated programs' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or delete the Application. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
V. Disclosure of Your Information
The Company may, without restriction, disclose aggregated information about our users and information that does not identify any individual or device.
In addition, the Company may disclose personal information that we collect or that you provide:
To our customers/clients, subsidiaries, and affiliates.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by Company when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and the Company, including the Application End User License Agreement (EULA), and for billing and collection.
If Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
VI. Your Choices About Our Collection, Use, and Disclosure of Your Information
The Company strives to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Tracking Technologies. If you do not wish to allow the Application to collect information through tracking technologies, you may opt out by adjusting your preferences in your user profile or by uninstalling the Application.
Promotion by the Company. If you do not want us to use your email address, phone number, or other contact information to promote our own or our affiliated programs' products or services, you can opt-out by uninstalling the Application or by sending an email request to info@alastar.com.
We do not control third-party collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. If you have any questions regarding the third-party collection efforts or use of your information, you should contact the respective third-party directly.
VII. Accessing and Correcting Your Personal Information
You may send us an email at info@alastar.com to request access to, correct, or delete any personal information that you have provided to the Company. We cannot delete your personal information except by also deleting your user account. The Company may, in our discretion, decline to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
VIII. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Application; the information you share in public areas may be viewed by any user of the Application.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk. The Company is not responsible for circumvention of any privacy settings or security measures we provide.
IX. Changes to Our Privacy Policy
The Company may update this privacy policy from time to time. If we make material changes to how we treat users' personal information, the Company will post the new privacy policy on this page.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes. Your continued use of the Application constitutes acceptance to any such changes to this policy.
X. Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@alastar.com.
Mobile Application End User License Agreement
This Mobile Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Advanced Technology International (ATI) (“Company“). This Agreement governs your use of Alastar Collaboration, (including all related documentation and content, the “Application“). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
download, install, and use the Application for your personal use or legitimate business purpose on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application's documentation; and
access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services, as set forth in Section 5.
License Restrictions. You shall not:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
use the Application for any unlawful, misleading, discriminatory or fraudulent purpose, including any use that infringes or violates someone else's rights, including their intellectual property rights.
upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Application.
access or collect data from the Application using automated means (without our prior permission) or attempt to access data you do not have permission to access.
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
use the Application or personal contact information made available through the Application to distribute, publish, or disseminate spam (including self-promotion), solicitations for business or personal services, fundraising, cold-calling of any kind, mass-mailings, or broadcast e-mails. Any content containing spam will be deleted from the Application;
distribute, publish, or otherwise disseminate non-public information obtained through your use of the Application, including user proprietary information and government restricted or Controlled Unclassified Information (CUI); or
use the Application to distribute, publish, or otherwise disseminate non-public information, including user proprietary information or Controlled Unclassified Information (CUI).
Reservation of Rights. You acknowledge and agree that the Application and all of the content contained therein is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or content therein under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application and the content therein, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Content and Services. The Application may provide you with access to Company's website, located at ati.org, and affiliated websites (the “Websites“) and information and services accessible thereon; certain features, functionality, and content accessible on or through the Application may be hosted on the Websites (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by each Website's Terms of Use and Privacy Policy located at ati.org/legal-privacy-accessibility, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
Intellectual Property. Content on the Application is copyrighted, and any unauthorized use of any materials on the Application may violate copyright, trademark, or other laws. Should you download materials on the Application for any permitted purpose, you must retain all copyright, trademark or other similar notices contained in the original materials or on any copies of the material. Materials on the Application may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from the appropriate content or material provider (including third-party links). Company bears no risk, responsibility, or liability in the event that you do not obtain such explicit written permission.
Trademarks. Program Logos are trademarks of Company and/or a third party. Use of these marks requires express permission from, and a license agreement with Company as appropriate. Unauthorized use of these and any other Company or third party owned trademarks will be prosecuted to the fullest extent of the law. To request this written approval, contact the Company using the “Contact us” feature of the Application.
Geographic Restrictions. The Content and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, user-generated content, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third- party's terms and conditions. Moreover, Company shall not be responsible for your access to or any content or information you provide to third-party websites accessible through the Application.
Violations. Company reserves the right to take immediate action against any content, services, activity, or any user who violates this Agreement. Such action includes, but is not limited to issuing warnings, removing content, and terminating accounts and/or subscriptions.
Where specific user content/contributions violate this Agreement, an email or private message may be sent to the user, explaining the violation that occurred. The user's Application account may be put into moderation. A user may be placed in a 30-day moderation queue, where messages from his/her account are reviewed by the Company before they can be posted.
Company reserves the right to remove any content deemed inappropriate for the Application and/or to revoke any user's access to the Application at any time and for any reason. However, given that situations and interpretations vary, Company also reserves the right to take no action.
If you are a victim of or a witness to inappropriate content or behavior in the Application, please notify Company immediately by emailing us at info@alastar.com.
Appeal Process
The removal of content in violation of this Agreement cannot be appealed. Additionally, warnings cannot be appealed. However, the removal of access to or revocation of accounts for users who have repeatedly violated this Agreement can be appealed by contacting Company directly.
Appeals should be made in writing to info@alastar.com and must include the following pieces of information:
First name
Last name
Email address
Phone number
Full disclosure of any previous violations
Why you feel the account/access removal should be overturned, including any relevant or supporting evidence
Term and Termination.
The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company, as set forth in this Section 9.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
Company may terminate this Agreement at any time without notice, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. This Agreement will terminate immediately and automatically without any notice if Content becomes unavailable or the Application ceases to function as intended by Company.
Company may, in its sole discretion, revoke your access to the Application and delete any associated account(s) or information at any time without notice if you are determined to have used the Application in a manner that violates the terms of this Agreement. This Agreement will terminate immediately and automatically without any notice if the Company revokes your access to the Application.
Upon termination:
all rights granted to you under this Agreement will also terminate;
you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account; and
any content you have posted or uploaded to the Application will become property of the Company.
Termination will not limit any of Company's rights or remedies at law or in equity.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN THE AMOUNT OF NOT GREATER THAN ONE HUNDRED DOLLARS ($100.00) REGARDLESS OF THE BASIS OF THE CLAIM.
Neither party shall be entitled to any indirect, consequential, special or incidental damages, or damages for lost profits, revenues, business interruption, or loss of business information in connection with this Agreement.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Export Regulation. The Application and associated Content may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Charleston. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.