Last Updated: June 21, 2024
These TERMS OF SERVICE (this “Agreement”) are agreed to between ReBonds.inc (“ReBonds”) and You (“You” or “Your”). ReBonds offers an online platform known as ReBonds (the “Platform”) that connects bond issuers (“Issuers”) with developers (“Developers”). Developers and Issuers are collectively referred to as “Users.” ReBonds is entitled to classify Users as Developers or Issuers in its sole discretion.
ReBonds makes the Platform available through ReBonds website located at ReBonds.com and other websites operated by ReBonds (each a “Site”) and a mobile application (the “Application”) provided by and on behalf of ReBonds (each Site and Application are treated as a part of the “Platform” for purposes of this Agreement).
The Platform provides Issuers with an opportunity to issue recycled bonds to Developers and Developers with the opportunity to connect with Issuers to use those bonds. Additionally, the Platform provides You with the ability to access information, data, and content, as well as additional services, functionality, and resources made available by ReBonds to You via the Platform (collectively, “Services”).
This Agreement is effective as of the date of Your acceptance of this Agreement (the “Effective Date”). YOU ACCEPT THIS AGREEMENT BY: (1) CLICKING A BOX INDICATING ACCEPTANCE; (2) ACCEPTING AN ORDER (AS DEFINED BELOW) THAT REFERENCES THIS AGREEMENT; (3) PAYING AN INVOICE REFERENCING THE PLATFORM; (4) SUBMITTING CREDIT CARD OR OTHER PAYMENT INFORMATION; (5) DOWNLOADING THE APPLICATION; OR (6) OTHERWISE ACCESSING THE PLATFORM.
All access to and use of the Platform and the Services is subject to the terms of this Agreement. Unless You or Your organization have entered into a separate written agreement with ReBonds regarding the Platform, this Agreement is the complete and exclusive agreement between You and ReBonds regarding Your access to and use of the Platform, Content and Services.
IF YOU DO NOT AGREE TO THIS AGREEMENT, or do not meet the qualifications included in this agreement, REBONDS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, CONTENT or SERVICES and YOU MUST NOT ACCESS OR USE THE PLATFORM, CONTENT or SERVICES. IF YOU ACCESS OR USE THE PLATFORM, CONTENT or SERVICES, YOU ACKNOWLEDGE that You meet the qualifications included in this agreement and AGREE TO BE BOUND BY THIS AGREEMENT.
You represent and certify that You are of legal age to form a binding contract and are not a person barred from receiving Services or accessing and use the platform under the laws of the United States or other applicable jurisdictions. To register as a USER, You must be 18 years or over. In the event that You are agreeing to this agreement on behalf of a THIRD-PARTY entity or other organization, You represent and warrant that You have sufficient right to bind such third party to this agreement, in which case, all references to “You” in this agreement shall be references to such third party.
1. Term; Termination
1.1 Term. This Agreement begins on the Effective Date and continues until terminated as set forth in this Agreement.
1.2 Accessing the Platform Free of Charge. If You are accessing and utilizing the Platform and Services free of charge (collectively, the “Free Services”), ReBonds reserves the right to suspend or terminate Your access to and use of the Free Services and this Agreement, at any time, with or without notice, for any reason, including but not limited to: (a) Your breach of this Agreement, or any other policies or guidelines set forth by ReBonds; or (b) conduct that ReBonds believes is harmful to other Users, the business of ReBonds, or other third parties. You agree that ReBonds will not be liable to You for any termination of the Free Services. ReBonds reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any portion of the Free Services with or without notice. You agree that ReBonds will not be liable to You for any such modification, suspension, or discontinuance of the Free Services. If You are accessing and utilizing Free Services, You may terminate this Agreement with respect to the Free Services upon notice to ReBonds. YOU ACKNOWLEDGE THAT ACCESSING AND UTILIZING THE FREE SERVICES MAY NOT INCLUDE OR ALLOW ACCESS TO ALL FEATURES AND FUNCTIONALITY AVAILABLE TO PAYING CUSTOMERS.
1.3 Accessing the Platform Under a Subscription Term.
(a) Definitions.
(i) “Order” means any order setting forth the terms and conditions relating to the Subscription Services, including, but not limited to, Your selection of Subscription Services made by You through the Platform. Each Order is incorporated by reference into this Agreement.
(ii) “Subscription Services” means the Platform access and Services that You subscribe to for a fee.
(b) Order Term. If You subscribe to Subscription Services, the initial term of Your Order for such Subscription Services begins on the date set forth in the Order and continues for one year (the “Initial Term”). Each Order will automatically renew for additional one‑year periods (each, a “Renewal Term”), unless a party gives the other party written notice of its intent to not renew at least 30 days prior to the end of the Initial Term or the then-current Renewal Term.
1.4 Termination for Cause. Without limiting any of its other rights under this Agreement, a party may terminate this Agreement or an Order (if applicable) upon notice if the other party breaches any material provision of this Agreement and (provided that such breach is capable of cure) does not cure such breach within 30 days after being provided with written notice of such breach.
1.5 Effect of Termination. Upon termination of this Agreement and all Orders: (a) all amounts owed to ReBonds under this Agreement before such termination (if any) will be due and payable in accordance with this Agreement; (b) Your rights granted in this Agreement will immediately cease; and (c) You shall promptly discontinue all access and use of the Platform and Services. Sections 5, 6, 8, 10, 11, 12, 13, 14, and 15 survive any termination of this Agreement.
2. Account. You must create an account on the Platform (an “Account”) to access portions of the Platform, and Services. Approval of Your request to establish an Account will be at the sole discretion of ReBonds. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access Your Account or Account ID. You are solely responsible for all use of the Platform and Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify ReBonds immediately if any Account ID is lost, stolen, or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (a) all Registration Information You provide will be true and complete; and (b) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (i) use or input Registration Information of another person with the intent to impersonate that person; and (ii) use or input Registration Information that ReBonds, in its sole discretion, deems offensive.
3. Access.
3.1 To the Platform. Subject to Your compliance with this Agreement, ReBonds hereby grants You a non-exclusive, and non-transferable right to access and use the Platform solely for internal business purposes and only in accordance with the terms of this Agreement. You are solely responsible for obtaining and maintaining all equipment, facilities, and connectivity required to access or use the Platform and each Site or Application.
3.2 To Applications. Subject to Your compliance with this Agreement and any other terms and conditions accompanying each Application, ReBonds hereby grants You a right to download and install Applications and operate those Applications solely for the purpose of using and accessing the Platform and Services. You may install each Application only on computers and mobile devices owned or controlled by You or Your employees and used only for Your own internal business purposes in accordance with this Agreement and any applicable terms and conditions accompanying the Application. Except as expressly set forth in the previous sentence, You are granted no licenses or other rights in or to any Application or any IPR (as defined below) therein or related thereto.
3.3 To Content. You will be provided with access to a variety of information, data, and content through the Platform (collectively, the “Platform Content”). Certain Platform Content may include or be based on data, information, or content from other third-party content providers, including, but not limited to, other Users. Unless otherwise noted on the Platform, all Platform Content is owned by ReBonds or ReBonds’ other third-party content providers. All Platform Content is provided for informational purposes only, and You are solely responsible for verifying the accuracy, completeness, and applicability of all Platform Content and for Your use of any Platform Content. Subject to Your compliance with this Agreement, You may access the Platform Content solely for Your own internal business purposes in connection with Your use of the Platform and the Services. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Platform Content; or (c) alter, obscure, or remove any copyright, trademark or any other notices that are provided on or in connection with any Platform Content. ReBonds has not verified the accuracy of, and will not be responsible for, any errors or omissions in, any Platform Content. Except as set forth in this Agreement, You are granted no licenses or rights in or to any Platform Content, or any IPR (as defined below) therein or related thereto.
3.4 To Third-Party Offering. ReBonds may make access to or use of third-party software services, applications, or functionality that link to, interoperate with, or are incorporated into the Platform available to You (collectively, “Third-Party Offerings”). You acknowledge that ReBonds does not own or control such Third-Party Offerings, they are made available as a convenience only, and are not part of the Platform and that such Third-Party Offerings are subject to their own terms and conditions. Any acquisition by You of Third-Party Offerings, and any exchange of data between You and Your users and any Third-Party Offering is solely between You and Your users and the applicable Third-Party Offering provider. Access to and use of any Third-Party Offering is at Your own risk and is solely determined by the relevant third-party provider and is subject to such additional terms and conditions applicable to such Third-Party Offering. ReBonds may disable or restrict access to any Third-Party Offerings on the Platform at any time without notice. ReBonds is not liable for Third-Party Offerings or any data or information You provide to a third party via a Third-Party Offering.
4. Your Content; Disclosure of Your Content to Tiber Hudson. You are solely responsible for all data, information, and other content that You provide or generate through Your use of the Platform and Services (collectively, “Your Content”). ReBonds does not claim ownership rights in Your Content. However, subject to any limitations included in the Privacy Policy (as defined below), You grant to ReBonds a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable, and fully sublicensable right and license to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise license and use Your Content for any lawful purpose, including, but not limited to, to improve, market and provide the Platform and Services. Without limiting the foregoing, You acknowledge that ReBonds has a business relationship with Tiber Hudson LLC (“Tiber Hudson”) and that ReBonds may share Your Content with Tiber Hudson for Tiber Hudson’s own purposes. Without limiting any of Rebonds’ other rights under this Agreement, You consent to Rebonds’ disclosure and transfer of Your Content to Tiber Hudson for such purposes. You further acknowledge and agree that Rebonds’ disclosure of Your Content to Tiber Hudson in and of itself does not create an attorney client relationship between You and Tiber Hudson. You represent and warrant that none of Your Content or the use of Your Content by Rebonds: (a) violates this Agreement, the Privacy Policy, or any requirements under applicable laws; (b) constitutes an infringement, misappropriation or violation of the IPR or other rights of any third party; (c) is false, misleading or inaccurate; or (d) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement. Rebonds is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store, restore or back-up any of Your Content. You agree that You have all right, title, interest, and consent in Your Content necessary to allow Rebonds to use Your Content as set forth in the rights and licenses You grant to Rebonds under this Agreement.
5. Fees and Payment.
5.1 For Issuers. If You are accessing and using the Platform and Services as an Issuer, access to and use of the Platform and Services is initially made available free of charge. However, ReBonds reserves the right to charge Issuers for the Platform and the Services, or any component thereof. If ReBonds elects to charge fees for Issuers in the future, any such fees will be posted on the Sites and ReBonds will provide You with written notice of such fees. You will have 30 days after ReBonds provides You with written notice of such fees to affirmatively accept such fees by providing ReBonds with written notice of such acceptance (or providing ReBonds with notice of acceptance in any other manner reasonably required by ReBonds). If ReBonds does not receive Your acceptance within such 30-day period, then this Agreement, and Your access to and use of the Platform and Services will terminate on the expiration of such 30-day period.
5.2 For Developers. If You are accessing and using the Platform and Services as a Developer, in addition to any Free Services available to Developers, You may also purchase, subscribe to, or otherwise obtain access to and use of certain components of the Platform and certain Services for a fee, including, but not limited to, Subscription Services. Fees for Developers are posted on the Sites and are subject to change. You agree to pay ReBonds the applicable fees for such access to and use of the Platform and Services. All information that You provide in connection with a purchase or other transaction through the Platform must be accurate, complete, and current. You authorize ReBonds (or a company chosen to act on behalf of ReBonds) to charge the credit card, debit card, mobile services account, or other payment method for all fees and charges payable to ReBonds under this Agreement. Your agreement with Your credit card or other payment provider governs Your use of the designated credit card and payment provider account, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities. ReBonds is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ReBonds. All fees and charges will be paid in U.S. dollars and are due as set forth on the Sites. ReBonds’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You will be responsible for payment of all such taxes, levies, and duties, excluding only United States (federal or state) taxes based solely on ReBonds income. You acknowledge that ReBonds uses Stripe for its payment processing services and You hereby consent to Stripe and its affiliates processing such transactions on behalf of ReBonds. Except as otherwise provided on the Sites, fees are non-refundable.
6. Suspension. Without limiting any of its other rights under this Agreement, ReBonds may suspend Your access to and use of the Platform and Services if ReBonds determines that: (a) there is an attack on the Platform; (b) Your use of the Platform poses a reasonable risk of harm or liability to ReBonds and, if capable of being cured, You are not taking appropriate action to cure such risk; (c) ReBonds determines in its reasonable discretion that You have breached this Agreement; (d) Your use of the Platform violates applicable law; or (e) You have failed to pay any amounts owed under this Agreement when due and has failed to cure such late payment within 15 days after ReBonds has provided Your with written notice of such late payment. ReBonds shall use commercially reasonable efforts to provide You with notice of such suspension. ReBonds may suspend Your access to the Platform and Services until the situation giving rise to the suspension has been remedied to ReBonds’ reasonable satisfaction. ReBonds’ suspension of Your access to the Platform and Services will not relieve You of Your payment obligations under this Agreement.
7. Platform Technology. The Platform, Services, Sites, Application, and the databases, software, hardware and other technology used by or on behalf of ReBonds to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of ReBonds. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in this Agreement; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology.
8. Ownership. ReBonds retains all right, title, and interest, including, without limitation, all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology, and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform and Services under this Agreement. The ReBonds name, logo, and all product and service names associated with the Platform and Services are trademarks of ReBonds and its licensors and providers, and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
9. Notice of Use of Alternative Platform. You shall notify ReBonds if, during the term of this Agreement, You use any other third-party platform or service that is similar to, or competes with, the Platform and Services.
10. Representations and Warranties.
10.1 Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
10.2 Compliance With Laws. You acknowledge that the Platform is a general-purpose online service and is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to You, or to Your Content or other data or information You may provide or generate through the Platform, is Your sole responsibility. ReBonds is not responsible for enabling Your compliance with any such law, rule, or regulation or for Your failure to comply. You represent and warrant to ReBonds that Your use of and access to the Platform and Services, including, without limitation, Your Content and any other data or information You may provide or generate through Your use of or access to the Platform, will comply with all applicable laws, rules, and regulations and will not cause ReBonds itself to violate any applicable laws, rules, and regulations.
11. No Warranties; Disclaimer. THE PLATFORM, platform content, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” without any warranties of any kind. REBONDS AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY or COMPLETENESS OF ANY platform content and ReBonds will not be liable to You for any loss, liabilities, or damages you may suffer arising out of or related to Your use of or reliance on platform content. REBONDS AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE PLATFORM, platform content, and SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ReBonds MAKES NO WARRANTY THAT THE platform OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE platform is FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE platform OR SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS OR THAT THE platform, platform content, or SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS. in addition, You acknowledge and agree that ReBonds is not an auctioneer, nor is it a reissuer or user of bonds and that the platform and services merely provide You with an opportunity to connect with other users to discuss and potentially enter into a transaction regarding the reissuance of bonds but that any such transaction that You identify through Your use of the platform is conditioned on You entering into an agreement directly with the other user. any such transaction will be directly between You and that user and ReBonds makes no warranties or representations with respect to whether or not You will enter into a definitive agreement regarding that transaction or the results You may obtain from that transaction. Further, ReBonds will have no liability to You or be under any legal obligation of any kind with respect to that transaction or the failure to enter into an agreement regarding that transaction. ReBonds has no responsibility whatsoever in participating in any disputes between distributers and issuers for the reissuance of bonds. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REBONDS, ITS EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES.
12. Indemnity. To the extent permitted under applicable law, you agree to indemnify, and hold ReBonds, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with any one or more of the following: (a) Your access to or use of the Platform, Platform Content, or Services; (b) Your violation of this Agreement; (c) Your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property, or privacy right; (d) any claim that Your use of the Platform or Services caused damage to a third party; or (e) any transaction or potential transaction that You locate through Your use of the Platform.
13. Limitation on Liability. REBONDS will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR any lost data, lost profits or revenue, lost opportunity, OR costs of procurement of substitute goods or services, arising from or relating to this agreement, the platform, the platform content, or the services, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF REBONDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REBONDS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, the platform, the platform content, and services WILL NOT EXCEED $100 or the amounts paid by You to REBONDS under this agreement IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY, whichever is greater. You agree THAT REBONDS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS, WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, REBONDS’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Privacy Policy; Data Privacy. ReBonds collects, uses, and discloses information about You in accordance with the ReBonds Privacy Policy, which can be viewed by clicking on the “Privacy Policy” link that appears at the bottom of each page of the Site or by visiting ReBonds.com/privacy (“Privacy Policy”).
15. Miscellaneous
15.1 Disputes. Except as otherwise provided below and except as otherwise prohibited by applicable law, the parties will attempt to resolve all disputes, controversies, and claims arising under, out of, or relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by ReBonds in Wilmington, Delaware. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, and accountings presented or pleaded to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
15.2 Governing Law and Venue. Except as otherwise prohibited by applicable law, the laws of the State of Delaware govern this Agreement and any matters related to this Agreement, without regard to any conflicts of laws principles that would require the application of the laws of a different jurisdiction. Subject to Section 15.1 and except as otherwise prohibited by applicable law, the parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Wilmington, Delaware in any litigation arising out of this Agreement.
15.3 Modifications. ReBonds may modify this Agreement upon written notice to You. If You are paying for access to and use of Subscription Services, any such modifications with respect to such Subscription Services will become effective with respect to the applicable Order upon commencement of the Renewal Term for such Order. If You are accessing and using Free Services, such modification will become effective with respect to such Free Services 30 days after ReBonds provides notice of such modification. If You do not agree to the modified Agreement, You may choose to not renew the then-current Initial Term or Renewal Term (as applicable) or, if accessing and using Free Services, elect to stop using the Free Services. Except as otherwise set forth in this Section, this Agreement may not otherwise be modified except by a written amendment signed by an authorized representative of each party.
15.4 Notices. To be effective, notices under this Agreement must be delivered in writing by email to the other party at the address for each party identified in this Section and will be effective upon receipt. The email address for notices being sent to ReBonds is notice@rebonds.com, and the email address for notices being sent to You is the primary email address that ReBonds has on file for You. Each party may update its notice address in accordance with this provision.
15.5 Linked Sites. The Platform may contain links to third-party sites or content that are not under the control of ReBonds. If You access a third-party site or content from the Platform, then You do so at Your own risk and ReBonds is not responsible for any content on any linked site or content.
15.6 Entire Agreement. This Agreement exclusively governs Your access to and use of the Platform and Services and is the complete and final understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform, and Services. Except as expressly set forth in Section 15.3, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by ReBonds under this Agreement must be in writing or later acknowledged by ReBonds in writing. Any waiver or failure by ReBonds to enforce any provision of this Agreement on one occasion will not be deemed a waiver by ReBonds of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of ReBonds. Any assignment in violation of the foregoing will be null and void. ReBonds may assign this Agreement to any party that assumes ReBonds obligations hereunder. The parties hereto are independent parties, not agents, employees, or employers of the other or joint venturers, and neither party has any right or ability to bind or enter into any obligation on behalf of the other. ReBonds may reference You as a user of the Platform and use Your name and logo, as applicable, in listings of users of the Platform appearing on the Platform and for other marketing and promotional purposes relating to the Platform and Services.