fbpx

Vagabond Missions – Website Terms and Conditions – Last Modified – April 4 2022

These Website Terms and Conditions (these “Terms and Conditions”) govern your use of the website of Vagabond Missions LLC, an Ohio non-profit corporation, the URL for which is www.vagabondmissions.com (the “Website”).  You agree that all references to “you” and “your” in these Terms and Conditions apply both to you individually and to any entity you may represent in connection with your use of the Website.

THESE TERMS AND CONDITIONS INCLUDE IMPORTANT LEGAL PROVISIONS THAT DEFINE ALL RIGHTS AND OBLIGATIONS REGARDING THE WEBSITE, INCLUDING PROVISIONS BY WHICH YOU AGREE TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, WAIVE YOUR RIGHT TO BRING A CLASS ACTION AND WAIVE YOUR RIGHT TO A JURY TRIAL.  PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN, PRIOR TO USING THE WEBSITE.  YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 

1.              Right to Amend.  You acknowledge and agree that Vagabond Missions may amend these Terms and Conditions, including any policy incorporated herein, at any time and from time to time, without notice to you.  Following any such amendment, these Terms and Conditions, as so amended, shall govern any subsequent use by you of the Website.

2.              Privacy Policy; Information Collection.

(a)             Your use of the Website is subject to the terms of the Vagabond Missions privacy policy  (the “Privacy Policy”), which is hereby incorporated into and made a part of these Terms and Conditions.  In the event of a conflict between any provision of these Terms and Conditions and the Privacy Policy, the provisions of the Privacy Policy shall control.

(b)             You acknowledge and agree that Vagabond Missions may collect information about your use of the Website for various purposes, including to improve the Website and/or to protect the security of the Website and other users thereof.  All such information collected by Vagabond Missions shall be governed by the Privacy Policy.

3.              Your Representations and Warranties.  By using the Website, you are representing and warranting to Vagabond Missions, on a continuing basis, that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into and comply with these Terms and Conditions; and (c) all information that you may provide to Vagabond Missions in connection with your use of the Website, including in connection with the submission of any User Feedback (as defined in Section 7), is and shall remain accurate in all respects.

4.              General Rules Regarding Use of Website.  As a condition to using the Website, you hereby agree to comply with all applicable local, state, national, provincial and international laws, treaties and regulations in connection with such use.  You further agree not to do any of the following:  (a) gain or attempt to gain unauthorized access to the Website (including any restricted sections thereof) or any related system or network, including by impersonating any other individual or entity or by creating a false identity or account; (b) establish a link to the Website in such a way as to suggest to any third party any form of association, approval or endorsement on the part of Vagabond Missions; (c) falsely imply any sponsorship or other relationship with Vagabond Missions; (d) use the Website in any unlawful manner, including, without limitation, (i) in violation of any person’s privacy rights, (ii) to abuse, harass or defame any individual or entity, (iii) to transmit or send unsolicited communications, or (iv) to post, transmit, send, upload, link to or store any content that infringes upon any third party’s intellectual property rights; (e) use the Website to post, transmit, send, upload, link to or store any content that is unlawful, abusive, obscene, hateful, racist or discriminatory; (f) use the Website to post, transmit, send, upload, link to or store any viruses, cancel bots, malware, Trojan horses, time bombs or any other harmful software or any tracking cookies; (g) use the Website in any manner that interferes with or disrupts the integrity or performance of the Website or any related system or network or attempt to damage or interfere with any of the foregoing by any method, including, without limitation, flood pings, denial of service attacks, packet or IP spoofing, forged routing or other information or similar methods or technology; (h) attempt to decipher, decompile, reverse-engineer, disassemble, reproduce or copy or otherwise access or discover the source code or underlying program of any software used in or in connection with the Website; (i) copy, display, distribute, create derivative works from or misappropriate or misuse in any manner the Website or any of the contents thereof; (j) use or try to use the Website in violation of these Terms and Conditions; or (k) assist any third party in any of the foregoing.

5.              Intellectual Property.

(a)             Vagabond Missions retains the exclusive right, title and interest in and to all intellectual property, including, without limitation, all patents, inventions, copyrights, trademarks, trade names, service marks, trade dress, domain names, trade secrets, know-how, and all other intellectual property and/or proprietary rights, in or relating to the Website and the contents and components thereof.  All such intellectual property and such intellectual property and/or proprietary rights are protected by applicable law, including, without limitation, applicable copyright laws and treaties throughout the world.  You hereby acknowledge and agree that you are not permitted to reproduce in any manner the Website or any contents or components thereof, prepare derivative works from the Website or any contents or components thereof or use the Website or any contents or components thereof for any purpose other than as expressly permitted by these Terms and Conditions.

(b)             The Vagabond Missions trademarks, service marks, graphics, logos and slogans used on, in or in connection with the Website are the exclusive property of Vagabond Missions and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Vagabond Missions.  You may not use any metatags or any other “hidden text” utilizing the name “Vagabond Missions” or any other name, trademark, service mark or product or service name of Vagabond Missions without the express prior written permission of Vagabond Missions.  The look and feel of the Website, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark and/or trade dress of Vagabond Missions and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Vagabond Missions.  Other trademarks, service marks, trade names, product and service names and company names and logos used on, in or in connection with the Website are the property of their respective owners.

6.              Online Donations; Refunds; Recurring Donations ; Directed Donations.
(a)             You may use the Website to make online donations to Vagabond Missions.  All such donations will be processed by a third-party payment processor, which may have its own terms and conditions and privacy policy.  Please carefully review such terms and conditions and privacy policy before making any online donation.  By making an online donation using the Website, you acknowledge and agree that Vagabond Missions may share information about you and your designated payment method with such third-party payment processor and other third parties for fraud prevention, credit card authorization and bank account verification purposes.

(b)             Vagabond Missions will use reasonable efforts to honor requests for refunds of online donations in cases of donor input errors, such as when a donor accidentally donates twice or enters an incorrect donation amount.  Vagabond Missions reserves the right to refuse to issue refunds for reasons other than input errors.  Any donor requesting a refund must make a request as soon as possible after submitting the online donation, and Vagabond Missions reserves the right to refuse to issue any refund requested more than 30 days after an online donation was made.  Any refund issued by Vagabond Missions will be credited back to the card or bank account used to make the donation.

(c)             The Website offers each donor the ability to make recurring donations, at the frequency selected by such donor.  When you use the Website to sign up for recurring donations, Vagabond Missions will charge the amount you have selected to your designated payment method at the frequency you have selected.  Vagabond Missions never will change the amount or frequency of your recurring donation.  If you wish to cancel a recurring donation or change the payment method to be used for future charges, you can do so by sending an email with your request to info@vagabondmissions.com or calling (724) 230-6142.

(d)             The Website permits donors to designate donations for specific purposes, but all donations are made with the understanding that Vagabond Missions has complete control and administration over the use of the donated funds.  Accordingly, Vagabond Missions will use reasonable efforts to honor any such donor designation, but it reserves the right to allocate any directed donation to another need within Vagabond Missions.

7.              User Feedback.  You may be requested or permitted to provide recommendations, reviews or other similar feedback on the Website, Vagabond Missions and/or products or services provided by Vagabond Missions (collectively, “User Feedback”).  You represent and warrant to Vagabond Missions that any User Feedback you submit to Vagabond Missions will be accurate, will comply with all applicable laws and regulations and will not violate any intellectual property or other rights of any third parties.  By providing any User Feedback to Vagabond Missions, you thereby grant to Vagabond Missions and the other members of the Vagabond Missions Group (as defined in Section 9(b)) an irrevocable, perpetual, worldwide, royalty-free, transferable and sublicensable license to incorporate such User Feedback into the Website and/or any products or services provided by Vagabond Missions and/or to reproduce, display, publicize and otherwise use such User Feedback for any purpose deemed reasonable by Vagabond Missions.  In the event any User Feedback you submit is in the form of a review or endorsement of Vagabond Missions, the Website and/or any products or services provided by Vagabond Missions, such license shall include the right to publish such User Feedback on the Website and/or in any promotional materials of Vagabond Missions and the other members of the Vagabond Missions Group and to use your name in connection therewith.  You hereby agree that, by submitting any User Feedback, you irrevocably and fully waive any and all moral rights, privacy rights, rights of publicity and any other similar rights you may have in and to such User Feedback.

8.              Reservation of Rights by Vagabond Missions.  Vagabond Missions reserves the right at any time, in its sole discretion, to change, suspend, remove or disable access to, or to impose limits on the use of or access to, the Website or any feature or part thereof, with or without notice to you, all without any liability to you.  Vagabond Missions is not responsible for typographical errors on the Website.

9.              DISCLAIMERS; NO LIABILITY FOR CERTAIN DAMAGES.  CERTAIN JURISDICTIONS MAY PROHIBIT OR LIMIT THE APPLICATION OF CERTAIN OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9, WITH THE RESULT THAT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY IN THEIR ENTIRETY TO ALL WEBSITE USERS.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY:

(A)            VAGABOND MISSIONS PROVIDES THE WEBSITE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  VAGABOND MISSIONS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE USE THEREOF OR THE INFORMATION CONTAINED THEREIN (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE USED BY YOU.

(B)            VAGABOND MISSIONS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND, ON BEHALF OF ITSELF AND ITS AFFILIATES AND THEIR RESPECTIVE EQUITY OWNERS OR HOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VAGABOND MISSIONS GROUP”), HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE.

(C)             NEITHER VAGABOND MISSIONS NOR ANY OTHER MEMBER OF THE VAGABOND MISSIONS GROUP SHALL BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES ARISING FROM ANY USE (INCLUDING USE OF THE RESULTS THEREOF), MISUSE OR RELIANCE ON THE WEBSITE, OR FROM ANY INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE DUE TO ANY SYSTEM OR SOFTWARE FAILURE, NETWORK ATTACK, OTHER TECHNICAL ISSUES OR SCHEDULED OR UNSCHEDULED MAINTENANCE.

(D)            VAGABOND MISSIONS, ON BEHALF OF ITSELF AND THE OTHER MEMBERS OF THE VAGABOND MISSIONS GROUP, HEREBY DISCLAIMS ALL RESPONSIBILITY FOR ALL USER FEEDBACK THAT MAY BE INCLUDED ON THE WEBSITE OR IN ANY PROMOTIONAL MATERIALS OF VAGABOND MISSIONS OR ANY OTHER MEMBER OF THE VAGABOND MISSIONS GROUP AND FOR ALL OTHER THIRD-PARTY CONTENT THAT MAY BE INCLUDED ON THE WEBSITE OR IN ANY SUCH PROMOTIONAL MATERIALS.

(E)             THE WEBSITE CONTAINS LINKS TO WEBSITES OF PARTIES OTHER THAN VAGABOND MISSIONS.  THE INCLUSION OF LINKS TO SUCH THIRD-PARTY WEBSITES DOES NOT IMPLY ANY SPONSORSHIP, AFFILIATION OR ENDORSEMENT OF SUCH WEBSITES OR THEIR CONTENTS ON THE PART OF VAGABOND MISSIONS.  VAGABOND MISSIONS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO, AND HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, ANY CONTENT INCLUDED ON ANY THIRD-PARTY WEBSITE.  YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ENTER ANY SUCH THIRD-PARTY WEBSITE, YOU WILL BE SUBJECT TO THE TERMS OF SERVICE OR USE AND THE PRIVACY POLICY OF SUCH THIRD-PARTY WEBSITE, AND THAT IT IS YOUR SOLE RESPONSIBILITY TO CAREFULLY REVIEW SUCH TERMS OF SERVICE OR USE AND PRIVACY POLICY.

(F)             IN NO EVENT, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL VAGABOND MISSIONS OR ANY OTHER MEMBER OF THE VAGABOND MISSIONS GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUES, GOODWILL, REPUTATION, BUSINESS OR OPPORTUNITIES AND/OR DELAY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF VAGABOND MISSIONS OR ANY OTHER MEMBER OF THE VAGABOND MISSIONS GROUP WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

10.            Cap on Damages.  To the fullest extent permitted by applicable law, the aggregate, cumulative liability of Vagabond Missions and the other members of the Vagabond Missions Group to you with respect to all claims you may have at any time and from time to time against Vagabond Missions and the other members of the Vagabond Missions Group arising out of or in connection with the Website (including, without limitation, your use, inability to use or results of use of the Website) and/or under these Terms and Conditions shall not exceed $100.00.  The foregoing limitation of liability reflects an informed, voluntary allocation between you and Vagabond Missions of the risks (known and unknown) that may exist in connection with the Website and these Terms and Conditions.

11.            Indemnification.  To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend and hold Vagabond Missions and the other members of the Vagabond Missions Group harmless from and against, and to promptly reimburse Vagabond Missions and the other members of the Vagabond Missions Group for, any and all claims, investigations, liabilities, actions, demands, losses, damages, penalties, fines and other costs and expenses (including, without limitation, reasonable attorneys’ fees, experts’ fees, investigation costs, remediation costs and settlement costs) asserted against or incurred by any of them arising out of or relating to (a) your use of the Website; (b) breach of any representation and warranty made by you to Vagabond Missions; (c) any violation of these Terms and Conditions by you; (d) your actual or alleged violation of any applicable law or regulation; (e) your actual or alleged violation of any intellectual property or other rights of Vagabond Missions or any third party; (f) any inaccuracy or incompleteness of any information provided by or on behalf of you to Vagabond Missions; and/or (g) any User Feedback or other content or information that you submit to Vagabond Missions.

12.            No Waiver.  No delay or failure on the part of Vagabond Missions in exercising any legal right or remedy it may have against you shall be deemed to constitute a waiver of such right or remedy.  In addition, no partial exercise by Vagabond Missions of any legal right or remedy it may have against you shall preclude the further exercise by Vagabond Missions of such right or remedy or its exercise of any other right or remedy it may have against you.

13.            Force Majeure.  You expressly acknowledge and agree that Vagabond Missions will not be liable to you under any legal theory for any failure to perform or delay in performing any obligation to you, whether under these Terms and Conditions or otherwise, which failure or delay is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, accident, fire, strike or other labor dispute, riot, insurrection, war, epidemic or pandemic, governmental action or refusal to act, telecommunications or power failure, failure or unavailability of any software, hardware, data or network, any exchange or market ruling or any other cause beyond the reasonable control of Vagabond Missions.

14.            Governing Law.  Any dispute, controversy or claim arising out of or relating in any way to (a) the Website; (b) these Terms and Conditions, including the interpretation or enforcement hereof; (c) any alleged breach of or default under any provision of these Terms and Conditions or any misrepresentation made in connection with the Website or these Terms and Conditions; or (d) any communication or other interaction between you and Vagabond Missions or any other member of the Vagabond Missions Group with respect to the Website or these Terms and Conditions (each, a “Dispute”) shall be governed by Pennsylvania law, without regard to its conflicts of law provisions.  Notwithstanding the foregoing, those provisions of Section 15 relating to arbitration of any Dispute shall be governed by and interpreted in accordance with the Federal Arbitration Act.

15.            Resolution of Disputes; Agreement to Arbitrate; Class Action Waiver; Waiver of Right to Jury Trial.  These Terms and Conditions contain a legally-binding, individual arbitration agreement, class action waiver and jury trial waiver.  This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below, that claims of different persons cannot be combined or aggregated, and that you are waiving your right to file a lawsuit in court and to have a jury decide any Dispute.  Please read all the provision of this Section 15 carefully and consult a legal advisor if you have any questions.

(a)             Except as may be prohibited by applicable law, and except as provided in Section 16 (Equitable Relief) and Section 19 (Severability), any Dispute shall be submitted to final and binding individual arbitration in accordance with the following provisions in order to establish and gain the benefits of a speedy, impartial and cost-effective dispute resolution procedure.

(b)             Except as may be prohibited by applicable law, and except as provided in Section 16 and Section 19, any Dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to its applicable rules (the “AAA Rules”) before a single neutral arbitrator (the “Arbitrator”) in Pittsburgh, Pennsylvania.  Notwithstanding the foregoing, if required by the AAA Rules, or if the Arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Pittsburgh, Pennsylvania, the Arbitrator shall have the authority to permit you to attend via telephone, Skype, Zoom, Facetime, other videoconference or similar virtual participation.

(c)             To the fullest extent permitted by applicable law, and notwithstanding anything else in these Terms and Conditions, you agree that any Dispute that is submitted to the Arbitrator shall be decided on an individual basis and not on a class, collective or representative basis.  You further acknowledge and agree that the Arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding.

(d)             The Arbitrator may award any form of remedy or relief (including injunctive relief and specific performance) that otherwise would be available in a court.  Any award pursuant to the arbitration shall be accompanied by a written opinion of the Arbitrator setting forth the reason(s) for the award.  The award rendered by the Arbitrator shall be conclusive and binding upon you and Vagabond Missions (and/or the other member(s) of the Vagabond Missions Group), and judgment upon the award may be entered, and enforcement may be sought, in any court of competent jurisdiction.

(e)             Subject to the AAA Rules and the provisions of Section 17 (Prevailing Party), the arbitration fees, together with other expenses of the arbitration incurred or approved by the Arbitrator, shall be divided equally between you and Vagabond Missions.

(f)              YOU UNDERSTAND THAT, ABSENT THESE TERMS AND CONDITIONS, EACH OF YOU AND THE MEMBERS OF THE VAGABOND MISSIONS GROUP WOULD HAVE THE RIGHT TO SUE THE OTHER IN COURT AND TO HAVE ANY DISPUTE DECIDED PURSUANT TO A JURY TRIAL, BUT, BY THESE TERMS AND CONDITIONS, YOU ARE GIVING UP THAT RIGHT AND AGREEING TO RESOLVE BY ARBITRATION ANY AND ALL DISPUTES.  

(g)             You and Vagabond Missions hereby agree to treat as strictly confidential all information concerning any arbitration proceeding, including the pleadings, the hearing and any arbitration award, except as (i) may be necessary to prepare for or conduct the arbitration hearing on the merits; (ii) may be necessary in connection with a court application for a preliminary remedy, confirmation and enforcement proceedings or a judicial challenge to an arbitration award or its enforcement; or (iii) otherwise required by applicable law or judicial decision.  You and Vagabond Missions hereby agree that breach of this confidentiality provision would irreparably harm the non-breaching party, and further agree that any such breach shall entitle the non-breaching party to seek injunctive relief and/or compensatory damages for the breach (without the necessity of posting a bond or other security).

(h)             You may elect to opt out and exclude yourself from the final, binding arbitration procedure and class action waiver specified in this Section 15 by sending to Vagabond Missions, Attn: Arbitration Opt-Out Notices, PO Box 53109, Pittsburgh, PA 15219[LJM4] , for postmarking within 15 days after your first visit to the Website, a letter stating (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding arbitration procedure and class action waiver.  You are not required to send the letter by registered or certified mail, return receipt requested, but it is recommended that you do so.  Your request to be excluded will only be effective and enforceable if you are able to prove that the request was postmarked within the 15-day deadline.  In the event of an effective exclusion request by you, all other provisions of these Terms and Conditions shall continue to apply.

16.            Equitable Relief.  Notwithstanding the provisions of Section 15, you agree that Vagabond Missions and the other members of the Vagabond Missions Group shall have the right to seek injunctive or other equitable relief in the Pennsylvania state courts sitting in Allegheny County, Pennsylvania, or the U.S. District Court for the Western District of Pennsylvania, to enforce these Terms and Conditions, to prevent unauthorized disclosure or use of any confidential information of Vagabond Missions or any other member of the Vagabond Missions Group and/or to prevent infringement of any intellectual property or other rights of Vagabond Missions, any other member of the Vagabond Missions Group or any third party, without being required to post a bond or other security or to prove actual damages.  In the event Vagabond Missions or any other member of the Vagabond Missions Group seeks such equitable relief in any such court, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to such jurisdiction.

17.            Prevailing Party.  In the event of any Dispute, and whether such Dispute is resolved via arbitration, litigation or otherwise, the prevailing party (as that term is commonly defined by the prevailing common and/or statutory law in the applicable jurisdiction) shall be entitled to recover its costs of suit, which costs shall include, without limitation, all reasonable attorneys’ fees and expenses incurred by the prevailing party in connection with such Dispute.  In the event a party to any Dispute fails to proceed with arbitration, unsuccessfully challenges any arbitration award or fails to comply with any arbitration award, the other party shall be entitled to recover its costs of enforcement, including, without limitation, reasonable attorneys’ fees and expenses incurred in having to compel arbitration or to defend or enforce the arbitration award.

18.            Time Limit to File Claims.  You expressly agree that, except where applicable law prescribes a shorter applicable statute of limitations or prohibits shortening the otherwise-applicable longer statute of limitations, you must file any claim or legal action of any kind arising in connection with or relating in any way to (a) the Website or any communication or other interaction between you and Vagabond Missions or any other member of the Vagabond Missions Group relating thereto; (b) these Terms and Conditions; and/or (c) any act (or failure to act) on the part of Vagabond Missions or any other member of the Vagabond Missions Group or you in connection with any of the foregoing within, in each such case, one year after the event, circumstances or other facts giving rise to such claim or legal action.  Notwithstanding the foregoing, if the law in the applicable jurisdiction has a “discovery rule,” whereby accrual of a claim is deferred, which is applicable to one or more claims, then the applicable limitation period specified in this Section 18 shall begin running from the date of accrual of such claim or claims as determined by the law of the applicable jurisdiction.  If this Section 18 is determined to be unenforceable as to any particular claim or claims under the law of the applicable jurisdiction, it nevertheless shall remain fully enforceable as to all other claims.
19.            Severability.
(a)             With the exception of the class action waiver in Section 15(c), which is essential to the parties’ agreement to arbitrate, if, in connection with any Dispute, any provision of these Terms and Conditions is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Terms and Conditions as applied to such Dispute, and the remaining provisions of these Terms and Conditions shall remain in effect with respect to such Dispute.

(b)             If, in connection with any Dispute, the class action waiver in Section 15(c) is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable, and such court or arbitrator determines that a valid class exists, then the entirety of the dispute resolution procedures specified in Section 15 shall be void and of no force and effect with respect to such Dispute.

20.            Survival.  All provisions of these Terms and Conditions shall survive any removal or other discontinuation of the Website until the expiration of the last-applicable statute of limitations.

21.            Assignment.  You are not permitted to assign these Terms and Conditions or assign any of your rights or delegate any of your obligations hereunder, whether voluntarily or involuntarily, and any such assignment or delegation shall be void and of no force or effect.  Vagabond Missions has the unlimited right to assign these Terms and Conditions and/or any or all of its rights and obligations hereunder.  These Terms and Conditions shall be binding upon and inure to the benefit of you and your successors and shall be binding upon and inure to the benefit of Vagabond Missions and its successors and assigns.

22.            No Relationship with Vagabond Missions.  Your use of the Website does not establish any relationship between Vagabond Missions and you, including, without limitation, that of agent and principal, employer and employee, franchisor and franchisee, joint venturers or partners.

23.            Further Assurances.  You agree to execute and deliver such other documents and take such other actions as Vagabond Missions may reasonably request as required for you to fully perform your obligations under these Terms and Conditions and/or to enable Vagabond Missions to fully exercise its rights and remedies hereunder.

24.            Third-Party Beneficiaries.  The other members of the Vagabond Missions Group are intended third-party beneficiaries of the User Feedback, disclaimer, limitation of liability, indemnification, dispute resolution, equitable relief, prevailing party and claim time limit provisions of these Terms and Conditions.

25.            Construction.  The rule of construction that ambiguities in a contract are to be construed against the drafter shall not be invoked or applied in any dispute regarding the meaning or interpretation of any provision of these Terms and Conditions.
26.            Headings.  The headings of the sections of these Terms and Conditions are inserted solely for convenience of reference. They are not intended to and shall not define, limit, extend or aid in the construction of the scope, extent or intent of these Terms and Conditions in any way.

27.            Reservation of Rights.  Any rights not expressly granted to you by the foregoing provisions of these Terms and Conditions are reserved to Vagabond Missions.

28.            Entire Agreement.  These Terms and Conditions, including the Privacy Policy incorporated by reference herein, constitute the entire agreement between Vagabond Missions and you with respect to the subject matter hereof and supersede any and all prior or contemporaneous agreements and understandings, whether written or oral, between Vagabond Missions and you with respect to such subject matter.