THE PARK ON MAIN reserves the right, at its sole discretion, to change, modify, add, remove or amend the existing terms and conditions of this Agreement in whole or in part at any time. Any such changes or amendments shall be effective immediately upon being posted on the Site. The continued use by User of the Site will be deemed User’s express agreement to the amended or changed terms and conditions.
THE PARK ON MAIN may, but shall have no obligation to, add new functions or features to the Site or make new services available to User. THE PARK ON MAIN may terminate, change, suspend or discontinue any aspect of the Site, including the availability of or any features of the Site, at any time.
THE PARK ON MAIN may, in its sole discretion, terminate this Agreement at any time or upon a breach of this Agreement by User. Upon such termination, User shall immediately destroy any materials obtained from this Site and all copies thereof, whether made pursuant to the terms of this Agreement or otherwise.
User shall keep in confidence and shall not disclose to any third parties any non-public information that may be disclosed to User in connection with the use of the Site under this Agreement or otherwise. User shall not use the name of THE PARK ON MAIN or in any publicity release, advertising or otherwise without the prior written approval of THE PARK ON MAIN. This provision shall survive the termination of this Agreement.
User agrees that it will indemnify, defend and hold harmless THE PARK ON MAIN, from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of, resulting from or in any way related to use by User of the Site or User’s breach of this Agreement.
Entirety of Agreement. This Agreement represents the entire understanding of the parties and cannot be amended except in writing signed by both parties. All prior discussions, understandings, negotiations, or agreements are merged herein. All prior oral or written agreements between the parties are hereby canceled.
This Agreement may not be assigned by User without first obtaining the written approval of THE PARK ON MAIN.
Choice of Law and Venue
The laws of the State of North Carolina will govern the interpretation, validity and effect of this Agreement as such laws are applied to agreements entered into and to be performed entirely within the State of North Carolina. Unless otherwise agreed in writing by THE PARK ON MAIN, User agrees that any legal action resulting from a dispute over this Agreement shall be heard before the Court of Common Pleas, Macon County, North Carolina, or, if applicable, the United States District Court for North Carolina. In the event THE PARK ON MAIN is the prevailing party in any such litigation it shall be entitled to recover its reasonable costs, including attorney fees, incurred in such litigation.
If any provision of this Agreement is held by any court or arbitrator to be null and void or unenforceable for any reason, such determination shall not affect the remaining portions of this Agreement, which shall remain in full force and effect in accordance with its terms and conditions.
Any waiver of any provision, term or condition of this Agreement shall not be construed or deemed to be a waiver of any other such provision, term or condition of this Agreement, nor a waiver of a subsequent breach or the same provision or condition, unless such waiver is expressed in writing by R+L CARRIERS.
Survival of Covenants
The covenants and agreements contained in this Agreement are and shall be binding on, and shall inure to the benefit of, the Parties hereto and their officers, directors, shareholders, employees, successors and assigns. Further, all obligations arising prior to the termination or expiration of the Agreement allocating responsibility or liability between THE PARK ON MAIN and User shall survive the termination or expiration of this Agreement.
The paragraph headings set forth herein are for reference only and not to be considered a part of or a term or condition of this Agreement.