What do you do with my information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

With your permission, we may send you emails about our store, new products, and other updates.

 

 

Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

How do I withdraw my consent?

If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@baggu.com or mailing us at: BAGGU 2415 3rd Street, Suite 239, San Francisco, CA, 94107, United States.

 

 

Privacy Policy

Disclosure

We may disclose personal information that we collect or you provide as described in this Policy:

1. To fulfill the purpose for which you provide it.
2. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Site's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information about our Site users is among the assets transferred.
3. We may, without restriction, disclose aggregated information about our users and information that does not identify any individual.
4. To enforce our Terms of Service.
5. To comply with any court order, law or legal process, including to respond to any government or regulatory request.
6. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Site, our customers or others.
7. For any other purpose disclosed by us when you provide the information.

 

 

Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored in Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

 

Payments on Shopify

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

 

 

Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. We may share personal information with our service providers, including those who assist us with marketing, and with other trusted parties whom we believe offer products or services that may be of interest to you.

 

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

 

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

 

Cookies

What are cookies?

Cookies are small text files that can be used by websites to make a user's experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. You can at any time change or withdraw your consent from the Cookie Declaration on our website. Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy. Your consent applies to the following domains: www.wholesale.baggu.com

Cookie declaration last updated on 27/06/2019 by Cookiebot.

 

Necessary (13)

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

 

Name	Provider	Purpose	Expiry	Type
__cfduid[x5]	backinstock.org orderlogicapp.com personalizer.io tinyurl.com wholesale.baggu.com	Used by the content network, Cloudflare, to identify trusted web traffic.	1 year	HTTP  Cookie
AWSALB	fs22.formsite.com	Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.	6 days	HTTP  Cookie
JSESSIONID	fs22.formsite.com	Preserves users states across page requests.	Session	HTTP  Cookie
cart _currency	wholesale.baggu.com	The cookie is necessary for the secure checkout and payment function on the website. This function is provided by shopify.com	13 days	HTTP  Cookie
cart _sig	wholesale.baggu.com	The cookie is necessary for the secure checkout and payment function on the website. This function is provided by shopify.com.	13 days	HTTP  Cookie
Cookie Consent	wholesale.baggu.com	Stores the user's cookie consent state for the current domain.		HTTP  Cookie
cookietest	wholesale.baggu.com	This cookie is used to determine if the visitor has accepted the cookie consent box.		HTTP Cookie
secure_ customer_sig	wholesale.baggu.com	This cookie is used to store customer credentials securely when processing a purchase on the website - the cookie is essential in making a secure online transaction.	20 years	HTTP Cookie
shopify_ pay_redirect	wholesale.baggu.com	The cookie is necessary for the secure checkout and payment function on the website. This function is provided by shopify.com	1 day	HTTP Cookie

 

Preferences (1)

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

 

Name	Provider	Purpose	Expiry	Type
_kla_id	wholesale.baggu.com	This cookie is used to collect information on the visitor's behavior. This information will be stored for internal use on the website – internal analytics is used to optimize the websites or to register if the visitor has subscribed to a newsletter.	1 year	HTTP  Cookie

 

Statistics (3)

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

 

Name	Provider	Purpose	Expiry	Type
_gat	baggu.com	Used by Google Analytics to throttle request rate	1 day	HTTP  Cookie
_ga	cookiebot.com	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	2 years	HTTP  Cookie
_gid	cookiebot.com	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	1 day	HTTP  Cookie

 

Marketing (15)

Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

 

Name	Provider	Purpose	Expiry	Type
_fbp	baggu.com	Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.	3 months	HTTP  Cookie
_landing_page	wholesale.baggu.com	Stores visitors' navigation by registering landing pages - this allows the website to present relevant products and/or measure their advertisement efficiency on other websites.	13 days	HTTP  Cookie
_orig_referrer	wholesale.baggu.com	This cookie is used to collect information on a visitor. This information will become an ID string with information on a specific visitor - ID information strings can be used to target groups with similar preferences, or can be used by third-party domains or ad-exchanges.	13 days	HTTP  Cookie
_s	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	2 years	HTTP  Cookie
_shopify_fs	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	2 years	HTTP  Cookie
_shopify_s	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	1 day	HTTP  Cookie
_shopify_sa_p	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	1 day	HTTP Cookie
_shopify_sa_t	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant. The cookie also allows the website to detect any referrals from other websites.	1 day	HTTP Cookie
_shopify_y	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	2 years	HTTP Cookie
_y	wholesale.baggu.com	Collects data on visitors' behaviour and interaction - this is used to optimize the website and make advertisement on the website more relevant.	2 years	HTTP Cookie
fr	facebook.com	Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.	3 months	HTTP Cookie
IsEncUserID	edge.personalizer.io	Collects information on user preferences and/or interaction with web-campaign content - this is used on CRM-campaign-platform used by website owners for promoting events or products.	Persistent	HTML Local Storage
r/collect	doubleclick.net	This cookie is used to send data to Google Analytics about the visitor's device and behavior. It tracks the visitor across devices and marketing channels.	Session	Pixel Tracker
tinyUUID	tinyurl.com	Used by the URL shortening service, TinyURL, to collect anonymous data on the user's visits to the website, such as the number of visits, average time spent on the website and what pages have been loaded, with the purpose of providing industry analyses, demographic profiling and targeted ads.	5 years	HTTP Cookie
tr	facebook.com	Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.	Session	Pixel Tracker

 

Unclassified (9)

Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

 

Name	Provider	Purpose	Expiry	Type
IsAuthParams	wholesale.baggu.com	Unclassified	Persistent	HTML Local Storage
IsAuthResult	wholesale.baggu.com	Unclassified	Persistent	HTML Local Storage
IsContext	wholesale.baggu.com	Unclassified	Persistent	HTML Local Storage
IsContextExpires	wholesale.baggu.com	Unclassified	Persistent	HTML Local Storage
IsContextID	wholesale.baggu.com	Unclassified	Session	HTTP  Cookie
IsUserID	wholesale.baggu.com	Unclassified	Persistent	HTML Local Storage
qab_payload	wholesale.baggu.com	Unclassified	Session	HTML Local Storage
qab_previous_pathname	wholesale.baggu.com	Unclassified	Session	HTTP Cookie
tinyurl_session	tinyurl.com	Unclassified	1 day	HTTP Cookie

 

Other Privacy Rights

Children's Privacy

Our Site is not directed to children under the age of 18. We do not knowingly collect any personal information about children under the age of 18. If we obtain actual knowledge that we have collected personal information about a child under the age of 18, that information will be promptly deleted from our database, unless it is necessary to retain it for legal purposes. If a parent believes that his or her child has submitted personal information to us, he or she can contact us via e-mail. We will promptly delete the information upon learning that it relates to a child under the age of 18. Please note that it is possible some of this information may remain archived in web logs and back-up archives after we delete the information from our active database.

 

California Privacy Rights

We will not share any personal data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance. California law requires that operators of online services disclose how they respond to a Do Not Track signal.

Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the online service that a user visits, indicating that the user does not wish to be tracked. We do not currently respond to Do Not Track signal.

 

EU Users' Rights

This section of our Privacy Policy applies to the users of our platform in the EU. We would like to inform you about your EU General Data Protection Regulation (GDPR) rights and how we safeguard them.

1. Your GDPR rights to be informed, to access, rectify, erase or restrict the processing of your personal information. You have the right to receive free information about what personal data we have obtained about you, where it is stored, for how long, for what purposes it is used, to whom it was disclosed. You have the right to require that we, without undue delay, rectify of inaccurate personal data concerning you. That means you can request we change your personal data in our records, or have you incomplete personal data completed. You have the “right to be forgotten,” i.e. to have us delete your personal information, without undue delay, if the data is no longer necessary in relation to the purposes for which it was collected. However, GDPR gives us the right to refuse erasure if we can demonstrate compelling legitimate grounds for keeping your information.
2. GDPR gives you the right to restrict processing if any of the following applies:
   i. If you contest the accuracy of your personal data, we will restrict processing it for a period enabling us to verify its accuracy.
   ii. The processing is unlawful and you oppose its erasure and request instead the restriction of its use.
   iii. We no longer need your personal data for the purposes of the processing, but you require us to restrict processing for the establishment, exercise or defence of legal claims.
   iv. You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether ourlegitimate grounds override yours.
3. Right to data portability. Upon request, we will provide you your personal data in our possession, in a structured, commonly used and machine-readable format. You have the right to transmit that data to another controller if doing so does not adversely affect the rights and freedoms of others.
4.  Right to object. You can object, on grounds relating your particular situation, at any time, to processing of your personal information, if based on point (e) or (f) of Article 6(1) of the GDPR.  We will then have to stop processing, unless we can demonstrate compelling legitimate grounds for the processing. If you object to the processing for direct marketing purposes, we will have to stop processing for these purposes.
5. Right to withdraw consent. GDPR grants you the right to withdraw your earlier given consent, if any, to processing of your personal data at any time.
6. Rights related to automated decision making. As a responsible business, we do not rely on any automated decision making, such as profiling.

 

Data Retention

We retain your personal data for as long as your account is active or for as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise permitted or required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our rights. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

 

 

Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. The date of the last update is indicated at the top of this page.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

Questions and Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@baggu.com or by mail to BAGGU:

Re: Privacy Compliance Officer
2415 3rd Street, Suite 239, San Francisco, CA, 94107, United States

 

 

Terms of Service

Effective Date: May 25, 2018

 

Terms of Service Agreement

PLEASE READ THE ABOVE TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/25/2018.

 

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with BAGGU, also known as BAGGU, located at 2415 3rd St Ste 239, San Francisco, California 94107 and our subsidiaries and affiliates, in association with the use of the BAGGU website, which includes WWW.BAGGU.COM, (the "Site") and its Services, which shall be defined below.

 

Your Acceptance

Please read these Terms of Service (the “Terms”) because this document is legally binding on you even if you are just browsing www.baggu.com (the “Site”) without making a purchase or contacting us. If you do not want to accept and agree to these Terms, you must exit the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made. Note that certain features of our Site are be provided by third-party services (e.g., payment processing by PayPal, hosting by Shopify). Such third-party services have their own terms of use that might be different from our Terms. Please check directly with each such third party to avoid any misunderstandings and unfair surprises. 

 

Intellectual Property

2. Ownership. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected in the U.S., and internationally, under trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us.  Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users (e.g. product reviews). We take no responsibility and assume no liability for any content posted by users or any third party. 
3. Use License. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so.
4. DMCA Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to us via email: _____________@________. If we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.

 

Your Obligations

By using this Site, you represent, warrant and agree that:

1. If you place an order, you have a full capacity to form a legally binding contract.
2. You will provide a valid payment method information when necessary and pay all sums due when due.
3. The title to the items purchased does not transfer to you until we have received payment in full.
4. You are responsible for all activity that occurs under your account.
5. You are responsible for keeping your login credentials confidential. You will not attempts to obtain other users’ login credentials.
6. You will not submit any untrue or misleading information to the Site, during registration and afterwards. You will update your information as necessary to maintain its accuracy.
7. Our Site may contain typographical errors or other inaccuracies.
8. Submission of untruthful product reviews, articles or other content may result in account termination. We may reject, erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
9. Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
10. You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
11. You will not access our Site in order to gain a competitive advantage.
12. You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
13. All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Service.
14. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
15. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity.

 

Remedies for Breach of These Terms

1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Service or available under equity or law.
2. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

 

Disclaimer of Warranty: Limitation of Liability

1. Your use of the site, its content and any products obtained through it is at your own risk. We do not guarantee that any information provided on the site is complete, accurate or up-to-date. Unless expressly stated otehrwise elsewhere on our site, we do not warrant that the products will meet your expectations or requirements. In no event will we, our employees, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any sites linked to it, or any items obtained through the site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
2. Under no circumstances will the site be liable for any amounts exceeding the amounts actually paid for an allegedly unsatisfactory item. No claim, suit or action may be brought against us after six months from the underlying cause of action.
3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation, or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images, (ii) your breach of these Terms, any law or regulation, (iii) your infringement of any intellectual property or privacy right of any person or entity, and (iv) any sale of items you conducted using our services.. This indemnification provision shall apply to third-party claims as well as claims between you and us.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

Governing Law & Arbitration

By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of California without regard to its conflict of laws principles which would result in application of any other law. Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in San Francisco, CA, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved).  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction.  The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of these Terms by the other party. You understand that THIS CLAUSE MEANS YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

General

1. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
2. Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
3. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
4. Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
5. No Waiver. Enforcement of these Terms is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances.