Terms & Conditions
CROSSAFRICA & CO, LLC
TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service (these “Terms”) thoroughly and carefully before booking travel with us. These Terms govern the provision of services by CrossAfrica & Co., LLC (“Cross Africa”) to you and all other travelers (collectively, “Customer”) listed in the corresponding booking confirmation (the “Booking Confirmation”). By booking travel with Cross Africa, Customer understands, acknowledges and agrees to these Terms.
These Terms, which include the Booking Confirmation, invoice, travel itinerary (“Itinerary”), Release and Waiver of Liability (the “Release”) and all other documents, terms and conditions and policies referenced herein, comprise the entire agreement between and among Cross Africa and Customer with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties and communications, both written and oral, with respect to such subject matter. In the event that the terms and conditions of these Terms conflict with any terms and conditions set forth in the Booking Confirmation, invoice, Itinerary, Release or other documents, terms and conditions and policies referenced herein, the terms and conditions most favorable to Cross Africa shall govern and control.
Deposit. A non-refundable deposit equal to [_25_]% of Customer’s total travel costs is required to guarantee Customer’s reservation. If the departure date is within  days of Customer’s booking date, then full payment of Customer’s total travel costs is required to book Customer’s travel.
Final Payment. Full payment of Customer’s travel costs is due  days prior to the applicable departure date. If Customer fails to pay in full Customer’s travel costs on or before the [45th] day prior to such departure date, then Cross Africa shall have the right to cancel Customer’s booking in its sole and absolute discretion. All payments are subject to the cancellation fees set forth below.
Surcharges and Exchange Rates. Travel rates and prices quoted are based on tariffs, exchange rates, energy and fuel surcharges, supplier costs and other costs and expenses applicable at the time of booking, and are subject to availability. In the event that the rates and prices used at the time of booking vary by more than two percent (2%) at the time of travel, Cross Africa reserves the right to recalculate all applicable travel rates and prices and apply the differential as a surcharge to Customer. Cross Africa also reserves the right to adjust its travel rates and prices up to the time of your final payment to Cross Africa and to correct any published prices, quotes and Itinerary if Cross Africa becomes aware of such an error.
Cancellations by Customer. In order to cancel travel, Customer shall provide Cross Africa with written notice of cancellation by e-mail to [email@example.com]. All cancellations are subject to the following cancellation fees:
Refunds. Notwithstanding anything herein to the contrary, except as expressly set forth herein, all refunds are in Cross Africa’s sole and absolute discretion. In the event that Customer fails to join a trip after the departure date or leaves a trip prior to its completion, Cross Africa will not refund to Customer any payments. Any request to amend or change a booking once confirmed may be accommodated subject to space availability, and in each case, subject to Cross Africa’s sole and absolute discretion and applicable change fees. Customer understands, acknowledges and agrees that no refunds will be given for (i) lost travel time or substitution of activities, accommodations or facilities, (ii) amendment of the Itinerary after departure, (iii) for circumstances arising beyond the control of Cross Africa, including such circumstances necessitating alternative arrangements to ensure the safety and enjoyment of Customer’s travel, or (iv) any unused portion of Customer’s travel regardless of reason, including, but not limited to, sightseeing, activities, meals, accommodations or transport.
Cancellations by Cross Africa. In addition to any other cancellation rights set forth in these Terms, Cross Africa reserves the right to cancel any confirmed booking at any time without liability. In the event that Cross Africa cancels a confirmed booking (other than for Customer’s breach of these Terms or failure to complete payment), Customer will have the opportunity to purchase alternative travel from Cross Africa of the same value as the original travel. If such alternative travel is less expensive than the original travel, then Cross Africa will refund to Customer the difference; and, if such alternative travel is of greater value than the original travel, then Customer must pay the difference to Cross Africa. Alternatively, if Customer requests during the thirty (30) days following such cancellation, Cross Africa will refund Customer’s monies, except for certain non-cancellable costs and expenses that may not be refunded due to circumstances beyond Cross Africa’s control. Notwithstanding anything herein the contrary or otherwise, Cross Africa shall not be liable for any costs incurred by Customer as a result of any cancellation.
4. Itinerary Changes
Days Until Departure: Cancellation Fee
90 Days or More: Loss of Deposit
Less than 45 Days: 100% of entire travel costs
When services, activities and accommodations described in the Itinerary cannot be supplied or the Itinerary is changed due to cancellations, delays or other causes of any kind or nature beyond Cross Africa’s control, Cross Africa may seek to supply comparable services, activities accommodations and itineraries. There shall be no refund in these circumstances. Cross Africa reserves the right to make changes to the Itinerary and/or cancel any activities and shall have no liability whatsoever from or relating to such adjustments or cancellation.
5. Customer’s Responsibilities
Pre-Departure Documents. At least fifteen (15) days prior to the scheduled departure date, Customer shall complete, execute and deliver to Cross Africa all pre-departure documents reasonably requested by Cross Africa, including, without limitation, the Release. Customer understands, acknowledges and agrees that Cross Africa reserves the right to cancel Customer’s travel in the event that such pre-departure documents, including the Release, have not been completed, executed and delivered to Cross Africa at least fifteen (15) days prior to the departure date.
Baggage. Customer acknowledges and agrees that airlines may limit the number, size (dimensions) and weight of baggage, and Customer may be subject to additional fees for checked baggage or baggage that does not comply with such airlines’ baggage policies. The limits, fees and circumstances vary by airline, country, domestic or international flight, airplane size and type and other factors and may change at any time. Customer shall check with the applicable air carriers for current baggage restrictions and fees, and Customer shall be solely responsible if Customer’s baggage is not permitted to be carried for any reason. Without limiting the foregoing, Customer shall comply with any baggage restrictions, limits and policies of Cross Africa.
Travel Documents and Vaccinations. Customer assumes complete and full responsibility for checking and verifying any and all passport, visa, vaccination and other entry requirements of each destination and all safety or security conditions at such destinations. It is Customer’s responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license and other documentation required for travel are obtained and in order prior to the departure date. Customer shall be liable for any additional costs incurred by Customer or Cross Africa on Customer’s behalf as a result of any failure by Customer to comply with such requirements. Cross Africa may provide information or advice regarding visas, vaccinations, climate, clothing, baggage, special equipment, entry requirements and other information in good faith as a courtesy to Customer; however, Customer understands, acknowledges and agrees that Cross Africa shall not be responsible for any errors or omissions as to any information or advice provided.
Insurance. Customer shall obtain adequate travel insurance to cover Customer’s travel and activities at such coverage limits and terms as Customer deems necessary and appropriate. Such travel insurance should include, without limitation, coverage for medical emergencies (major medical), evacuation (emergency evacuation) and search and rescue, loss of personal items (loss of personal effects), loss of luggage, repatriation, trip cancellation and all other costs and expenses that may arise as a result of loss, damage, injury, delay, illness, death and disability (accidental death and disability), liability or inconvenience occurring to Customer. If Customer’s Itinerary includes adventurous activities, such as scuba diving, white water-rafting, safari, tracking animals or similar activities, then Customer should obtain a higher level of coverage for such activities. Customer understands, acknowledges and agrees that Customer, and not Cross Africa, is solely responsible for obtaining adequate travel insurance necessary to cover Customer’s travel and activities for the duration of Customer’s trip. Customer must provide Cross Africa with proof of insurance at least [thirty (30)] days prior to the applicable departure date.
Acknowledgements. Customer understands, acknowledges and agrees that: (i) the service levels, infrastructure, levels of hygiene, safety and security in the applicable destination countries may be lower than Customer is used to in Customer’s country of residence; (ii) Customer’s failure to comply with these Terms may result in the cancellation of Customer’s travel by Cross Africa; (iii) Cross Africa and its local operators shall have the right to cancel Customer’s travel if they deem that Customer’s behavior is causing annoyance, damage, distress or injury to any third party; (iv) in the event that Cross Africa cancels Customer’s travel, neither Cross Africa nor its local operators shall be liable or responsible for any costs incurred for the safe passage of Customer or for cancellation of Customer’s travel; (v) photographs and descriptions of locations or attractions are merely representative of conditions that existed at the time of publication and may not be the same at the time of Customer’s travel; (vi) gratuities and tips to tour guides, waiters, hotel staff, baggage handling and other service providers are not included in Customers travel costs and are at Customer’s discretion unless specifically set forth in the Booking Confirmation, invoice or Itinerary; and (vii) Customer has reviewed Cross Africa’s FAQs, guides and other travel resources provided to or otherwise made available to Customer from time to time.
Additional Risks. Customer understands, acknowledges and agrees that: (i) risks and dangers may arise during travel, including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft and other means of conveyance, forces of nature, political unrest, other unrest, terrorism, hazardous local customs and practices, differing levels of sanitation, differing standards of safety, risks associated with water, food, plants, insects and animal, accident or illness in areas lacking means of rapid evacuation or medical facilities, terrorist acts, and acts of national and local governments and unrest and acts of others against governments; and (ii) Customer is voluntarily participating in such activities with the knowledge that there are significant risks and dangers involved, and Customer accepts any and all risks and dangers.
Compliance with Local Laws; Instructions. Customer shall adhere to all applicable local laws and regulations of the destination country when traveling with Cross Africa. Customer shall at all times follow the instructions of Cross Africa, including the guides and staff of local operators.
Transportation. Cross Africa makes every effort to ensure that all vehicles used are in a comfortable and road worthy condition and adhere to applicable local transport regulations. Notwithstanding the foregoing, Customer shall be liable for any damage caused to any vehicle by Customer or that occurs through Customer’s interference with such vehicle.
Customers with Disabilities. Cross Africa welcomes customers with special needs or disabilities. Customer must inform Cross Africa in advance, as early as possible, of any physical, medical or other special need that requires accommodating. Cross Africa will make reasonable modifications to Cross Africa’s policies, practices and procedures when necessary, unless doing so will fundamentally alter the nature of the services or affect the safety of Customer, Cross Africa’s personnel or other travelers. Customer understands and agrees that accessibility and accommodations in other countries may be limited.
Traveling with Children. Children are welcome to travel with Cross Africa with an adult or guardian. Such adult or guardian shall accompany and supervise the children at all times, and Cross Africa reserves the right, in its sole discretion, to exclude children from certain activities if it is not appropriate given the age of such children. Customer acknowledges and agrees that many countries require additional paperwork or other entry requirements for children, and Customer shall be solely responsible for complying with such requirements. Customer shall be solely responsible for all acts and omissions of any children traveling with Customer.
6. Local Operators
Cross Africa acts as a booking agent for third party hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, destination management companies and other independent contractors and local operators, as applicable, providing accommodations, transportation, equipment and other rentals, guide services, entertainment and other services abroad, which may utilize Cross Africa’s name. Each of these third-parties is separate from Cross Africa and is not subject to the management or control of Cross Africa. All services provided by such third parties are offered to Customer subject to any applicable terms and conditions contained in the tickets, exchange orders, vouchers or other documents issued by such third parties. Any staff member or other person authorized by Cross Africa’s local operators shall be entitled to enter Customer’s room or tent to carry out necessary inspection, maintenance or repair work or for any purpose associated therewith.
Cross Africa engages third parties that are qualified, competent and reliable in their respective industries, based on information that is reasonably available to Cross Africa; provided, however, that Customer understands, acknowledges and agrees that Cross Africa assumes no responsibility for any actions or inactions of any third party, including, without limitation, any delay, cancellation, overbooking, financial default or strike, and shall not be held liable for any personal injury, property damage or other loss or liability which may arise out of such third party services, including, without limitation, any negligence, gross negligence or willful misconduct of such third party services.
7. Carriage by Land, Sea and Air
Customer understands, acknowledges and agrees that carriage by land, sea and air are subject to the terms and conditions of the respective carriers with whom Customer travels and applicable international conventions, some which may limit liability. Land, sea and air travel are also subject to operational decisions of such carriers, which may result in cancellations, delays or diversions, over which Cross Africa has no control and for which Cross Africa accepts no liability whatsoever.
8. Warranty Disclaimers; Limitations of Liability
Warranty Disclaimers. TO THE FULLEST EXTENT PROVIDED BY LAW, CROSS AFRICA HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF BOOKING.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CROSS AFRICA, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S PARTICIPATION IN TRAVEL OR USE OF THE SERVICES HEREUNDER, INCLUDING, WITHOUT LIMITATION, 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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROSS AFRICA SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY OF ANY KIND WHICH MAY BE OCCASIONED BY REASON OF ANY ACT OR OMISSION BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, ANY WILLFUL OR NEGLGENT ACT, FAILURE TO ACT, BREACH OF CONTRACT OR VIOLATION OF LOCAL LAW OR REGULATION OF ANY
THIRD PARTY, WHETHER OR NOT IT USES CROSS AFRICA’S NAME, FINANCIAL DEFAULT OR INSOLVENCY OF ANY THIRD PARTY SUPPLIER OR SERVICE PROVIDER, OR ANY LOSS OR INVONVENIENCE DUE TO DELAY OR CHANGES IN SCHEDULE, TRANSPORTION DELAYS OR CANCELLATIONS OR THE FAILURE OF ANY TRANSPORTATION MECHANISM TO DEPART OR ARRIVE TIMELY OR SAFELY, OVERBOOKING OF ACCOMMODATION, DEFAULT OF ANY THIRD PARTY, ATTACKS OR BITES BY ANIMALS, PESTS OR INSECTS, INJURY OR DEATH WHILE ON ACTIVITIES, SICKNESS, LACK OF APPROPRIATE MEDICAL CARE OR EVACUATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CROSS AFRICA’S LIABILITY TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S PARTICIPATION IN TRAVEL OR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AGGREGATE PAYMENTS MADE BY CUSTOMER TO CROSS AFRICA HEREUNDER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. CUSTOMER AGREES THAT OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SUPPLIERS SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims. TO THE EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, CUSTOMER’S PARTICIPATION IN TRAVEL OR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
California Travel Consumer Restitution Fund (TCRF). This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if Customer is located in California at the time of payment. If eligible, Customer may file a claim with TCRF if Customer is owed a refund of more than $50 for transportation or travel services, which Cross Africa failed to forward to a proper provider or such money was not refunded to Customer when required. The maximum amount which may be paid by the TCRF to Customer is the total amount paid on behalf of Customer to the Cross Africa, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove Customer’s claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against Cross Africa arising out of a sale for which Customer files a TCRF claim. Customer may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: (213) 897- 8846. If Customer is purchasing travel from outside of California, this transaction is not covered by the California Travel Consumer Restitution Fund.
USTOA $1 Million Travelers Assistance Program: Cross Africa shares the coverage available under the USTOA $1 Million Travelers Assistance Program with affiliates of TravCorp USA, Inc. who, as an Active Member of the USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of Cross Africa customers in the unlikely event of Cross Africa’s bankruptcy, insolvency or cessation of business. Further, Customer should understand that the$1 Million posted by TravCorp USA, Inc. and shared among its affiliates maybe sufficient to provide only a partial recovery of the advance payments received by Cross Africa. More details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to firstname.lastname@example.org or by visiting their website at www.USTOA.com.
Registered Seller of Travel. Cross Africa is a registered seller of travel in California, Registration No. [ ]. Registration as a seller of travel does not constitute approval by the State of California.
Waiver. No waiver by Cross Africa of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Cross Africa. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Force Majeure. Notwithstanding anything herein to the contrary or otherwise, Cross Africa shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Cross Africa including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to Cross Africa’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Assignment. Customer shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Cross Africa. Any purported assignment or delegation in violation of the foregoing is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Arbitration Agreement. Any and all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any service or information provided by Cross Africa that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration agreement. Unless otherwise agreed to by Cross Africa, all arbitration proceedings shall be held in English. This arbitration agreement applies to Customer and Cross Africa, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the services provided under these Terms. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, then the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000.00 or more, the right to a hearing will be determined by the AAA Arbitration Rules. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement. In any circumstances where the foregoing arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco, California, for such purpose.
Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Booking Confirmation or to such other address that may be designated by the receiving party in writing. Unless expressly set forth herein, all Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this section.
Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms including, but not limited to, the following provisions: Governing Law, Arbitration Agreement, Warranty Disclaimers and Limitations of Liability, Miscellaneous and Survival.
Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.