Website Terms of Use
The Private Landlords Advisory Bureau Pty Ltd ("PLAB") agrees to allow you access to its website ("Website") conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document ("Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. PLAB reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. Any subsequent use of or access to this Website by you will mean that you have accepted the changes to these Website Terms of Use.
No advice
This Website may contain a wide variety of information on the subject of residential investment property management.
The information on this Website is generic and does not take into account your particular investment or business requirements, or the requirements of any particular property the requirements of which may be relevant to the proper management of property nor does the information take into account the particular facts relevant to any legal issues that might relate to your property. Consequently, you should never use or act upon this information without first properly consulting, and seeking proper information and advice, from qualified legal, investment and financial advisors in relation to your particular circumstances. All material is provided as a tool to assist with management only and should not be relied upon as a substitute for professional or commercial advice. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. PLAB does not give, or purport to give, any financial or legal or other advice, through this website.
To the extent that it is lawful to do so PLAB expressly disclaims all responsibility for, and liability in respect of any loss or damage that may be suffered by you in relation to any information provided in this website. The opinions expressed by any professional on this Website are those of the relevant professional and not PLAB, and PLAB accepts no responsibility for them. PLAB makes no representations whatsoever in respect of the accuracy of any information placed on any forum or bulletin board (or any other facility which offers electronic discussions) by any general user of the Website whose comments and opinions are solely their own, or any such user's ability, knowledge, experience or professional qualifications.
Use of Property Management Program
This Website may contain online software programs and other tools that facilitate users to manage their residential investment property ("Program"). The success of the Program relies on users to use the Program correctly. The successful management of residential property using the Program relies on the completion of various tasks in sequential stages in an appropriate order ("Stage").
PLAB makes no representation or warranty that each Stage of the Program is accurate or complete. Users must not move to the next Stage until all the tasks associated with the current Stage are completed. You agree that you will complete all tasks associated with a Stage before moving to the next Stage. You agree that at the completion of each Stage, you will check that you have completed all tasks associated with the Stage before moving to the next Stage.
To the extent that you have not completed all tasks associated with a Stage, you acknowledge that, to the extent that it is lawful to do so, you will suffer harm and that you assume all risk and liability associated with moving from the incomplete Stage to the next Stage. In the alternative, to the extent that PLAB is found to be liable, you agree that PLAB's liability will be reduced to the extend that you may have contributed to any loss or damage caused.
You agree that you will comply with all applicable PLAB guidelines and procedures, including, but not limited to the guidelines for using the Program and the Procedures.
You agree that you must not use the Program and the Procedures in relation to property you do not directly or indirectly own or otherwise control through related entities.
You agree that you are accessing this service as (or on behalf of) a genuine customer.
You agree that you are not using this service or the Website for commercial or competitive purposes.
Your Obligations to Tenants
You agree that you are responsible for and have obligations to any and all tenants of your residential investment property. PLAB expressly disclaims all responsibility for, and liability in respect of your tenants.
You agree that you will comply with all applicable laws, regulations, and codes which may be relevant to your project, your tenant and in relation to this agreement, including, but not limited to, the Residential Tenancies Act applicable to your property.
You agree that all information you make available in relation to your residential investment property will at all times be up to date and accurate, appropriate to your property and not misleading or deceptive in any way.
Intellectual property and restrictions on use of Content on the Website
All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright ©2011 Private Landlords Advisory Bureau Pty Ltd, its suppliers and/or licensors unless expressly indicated otherwise on the Website.
The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by PLAB.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may use an industry-standard Web browser, download and view the Content for your personal use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of PLAB or which is prohibited by the Terms of Use.
User licence to PLAB
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to PLAB a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive in favour of PLAB and any other party authorised by PLAB all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of PLAB, you will execute and deliver to PLAB such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Links to third party websites
The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of PLAB, and PLAB is not responsible for the contents of any linked web or any hyperlink contained in a linked website. PLAB provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by PLAB. You link to any such website entirely at your own risk.
You acknowledge and agree that PLAB may receive commissions or other payments from third party service providers who have hyperlinks or other pointers on the Website, or otherwise contact you, in relation to goods and/or services you may have purchased from them. You agree that PLAB may share your personal information with its service providers or other third parties so that they can contact you directly about their offers, promotions, goods or services which may be relevant to your residential investment property or to your personal or lifestyle needs or to other services PLAB offers.
Disclaimer and limitation of liability
The Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by PLAB of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). PLAB does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) PLAB and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) PLAB does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) PLAB does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not PLAB ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of PLAB ) will PLAB be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, PLAB 's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of PLAB to, in the case of services supplied or offered by PLAB, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by PLAB , (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by PLAB, and PLAB may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all PLAB disclaimers and limitations of liability set out in the Terms of Use will survive.
Force Majeure
In these Terms of Use, an event of "Force Majeure" is any event or circumstance not within the reasonable control of the party affected by it (the "Affected Party"), including:
(a) acts of God, including storms or cyclones, action of the elements, epidemics, landslides, earthquakes, floods, road closures due to washouts or impassability and natural disaster;
(b) strikes, stoppages, restraints of labour, or other industrial disturbances, other than those excluded from the definition of Force Majeure under this agreement;
(c) acts of the public enemy, including wars which are either declared or undeclared, blockades and insurrections;
(d) riots, malicious damage, sabotage and civil disturbance;
(e) accident (including accidental emissions of pollutants of hazardous substances), fire, explosion, radioactive contamination and toxic or dangerous chemical contamination;
(f) the adverse application of any laws or enforcement actions of the Commonwealth or of any State or their courts or Governmental agency not resulting from any wrongful act or omission of the Affected Party;
(g) the refusal of or delay in obtaining any necessary consents from any Government agency, provided that the Affected Party has acted in a timely manner in endeavouring to secure them;
(h) catastrophic failure of, the breakdown of or accident to any computer, hardware, software, software application, database, network, internet service provider, mobile network, plant or machinery;
(i) the breach by any third party supplier of its obligations to supply goods or services to the Affected Party, provided that the Affected Party has acted in a timely manner in endeavouring to secure such supply, and provided that the Affected Party itself is not in breach of any relevant obligations; and
(j) any production shutdown or interruption which is validly required or directed the Commonwealth or of any State or Government agency which is not due to the act or default of the Affected Party, which the Affected Party is not reasonably able to prevent or overcome, or the effects of which the Affected Party is not reasonably able to predict and take measures to avoid, by the exercise of reasonable technical and commercial diligence and prudence.
The following matters shall not constitute Force Majeure:
(k) the lack of funds or inability to use any funds; or
(l) strikes or other industrial disturbances only affecting the personnel of the Affected Party.
An Affected Party shall be excused from performance of, and shall not be liable, to any other party for any failure in carrying out any of its obligations under these Terms of Use if, and only to, the extent and for the time that it is prevented in whole or in part from doing so by Force Majeure.
An Affected Party claiming the benefit or protection of Force Majeure shall:
(m) promptly give notice to the other Parties of the occurrence and circumstances in respect of which the claim of Force Majeure arises;
(n) take all reasonable steps to ameliorate and remedy the consequences of that occurrence without delay;
(o) maintain regular communication with the other Parties to describe what is being done to remedy the Force Majeure; and
(p) resume performance in full of its obligations under these Terms of Use as soon as reasonably practicable, but the settlement of strikes, lockouts, or other industrial disputes or disturbances which constitute Force Majeure shall be entirely within the discretion of the Affected Party may refrain from settling the strike, lockout or dispute or may settle it at such time and on such terms as it considers to be in its best interests.
Miscellaneous
PLAB relies on your continued observance of these Terms of Use. If PLAB suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify PLAB for those losses, damages and costs.
You must notify any changes in your business name, bank account, ABN, GST registration status, email address, contact person or office address in writing promptly and within 5 business days of the change.
PLAB reserves the right to change the Website, products or services (including format, design, scope, etc) at any time. PLAB will use its reasonable endeavours to give you advance notice of any material changes that it makes to its Website, products or services.
The terms of the Payment Refund and Online Subscription Delivery as found below form part of and are incorporated into these Terms of Use. To the extent of any inconsistency or conflict between the terms of these Terms of Use and the Online Subscription Policy, these Terms will prevail over the Online Subscription Policy.
PLAB reserves the right (but has no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you make available or attempt to make available via the Website that, in our opinion, breaches this agreement, has the potential to harm, endanger or violate the rights of any person or may otherwise be damaging to PLAB's reputation.
This agreement will be governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
The Private Landlords Advisory Bureau Pty Ltd ("PLAB") agrees to allow you access to its website ("Website") conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document ("Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. PLAB reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. Any subsequent use of or access to this Website by you will mean that you have accepted the changes to these Website Terms of Use.
No advice
This Website may contain a wide variety of information on the subject of residential investment property management.
The information on this Website is generic and does not take into account your particular investment or business requirements, or the requirements of any particular property the requirements of which may be relevant to the proper management of property nor does the information take into account the particular facts relevant to any legal issues that might relate to your property. Consequently, you should never use or act upon this information without first properly consulting, and seeking proper information and advice, from qualified legal, investment and financial advisors in relation to your particular circumstances. All material is provided as a tool to assist with management only and should not be relied upon as a substitute for professional or commercial advice. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. PLAB does not give, or purport to give, any financial or legal or other advice, through this website.
To the extent that it is lawful to do so PLAB expressly disclaims all responsibility for, and liability in respect of any loss or damage that may be suffered by you in relation to any information provided in this website. The opinions expressed by any professional on this Website are those of the relevant professional and not PLAB, and PLAB accepts no responsibility for them. PLAB makes no representations whatsoever in respect of the accuracy of any information placed on any forum or bulletin board (or any other facility which offers electronic discussions) by any general user of the Website whose comments and opinions are solely their own, or any such user's ability, knowledge, experience or professional qualifications.
Use of Property Management Program
This Website may contain online software programs and other tools that facilitate users to manage their residential investment property ("Program"). The success of the Program relies on users to use the Program correctly. The successful management of residential property using the Program relies on the completion of various tasks in sequential stages in an appropriate order ("Stage").
PLAB makes no representation or warranty that each Stage of the Program is accurate or complete. Users must not move to the next Stage until all the tasks associated with the current Stage are completed. You agree that you will complete all tasks associated with a Stage before moving to the next Stage. You agree that at the completion of each Stage, you will check that you have completed all tasks associated with the Stage before moving to the next Stage.
To the extent that you have not completed all tasks associated with a Stage, you acknowledge that, to the extent that it is lawful to do so, you will suffer harm and that you assume all risk and liability associated with moving from the incomplete Stage to the next Stage. In the alternative, to the extent that PLAB is found to be liable, you agree that PLAB's liability will be reduced to the extend that you may have contributed to any loss or damage caused.
You agree that you will comply with all applicable PLAB guidelines and procedures, including, but not limited to the guidelines for using the Program and the Procedures.
You agree that you must not use the Program and the Procedures in relation to property you do not directly or indirectly own or otherwise control through related entities.
You agree that you are accessing this service as (or on behalf of) a genuine customer.
You agree that you are not using this service or the Website for commercial or competitive purposes.
Your Obligations to Tenants
You agree that you are responsible for and have obligations to any and all tenants of your residential investment property. PLAB expressly disclaims all responsibility for, and liability in respect of your tenants.
You agree that you will comply with all applicable laws, regulations, and codes which may be relevant to your project, your tenant and in relation to this agreement, including, but not limited to, the Residential Tenancies Act applicable to your property.
You agree that all information you make available in relation to your residential investment property will at all times be up to date and accurate, appropriate to your property and not misleading or deceptive in any way.
Intellectual property and restrictions on use of Content on the Website
All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright ©2011 Private Landlords Advisory Bureau Pty Ltd, its suppliers and/or licensors unless expressly indicated otherwise on the Website.
The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by PLAB.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may use an industry-standard Web browser, download and view the Content for your personal use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of PLAB or which is prohibited by the Terms of Use.
User licence to PLAB
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to PLAB a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive in favour of PLAB and any other party authorised by PLAB all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of PLAB, you will execute and deliver to PLAB such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Links to third party websites
The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of PLAB, and PLAB is not responsible for the contents of any linked web or any hyperlink contained in a linked website. PLAB provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by PLAB. You link to any such website entirely at your own risk.
You acknowledge and agree that PLAB may receive commissions or other payments from third party service providers who have hyperlinks or other pointers on the Website, or otherwise contact you, in relation to goods and/or services you may have purchased from them. You agree that PLAB may share your personal information with its service providers or other third parties so that they can contact you directly about their offers, promotions, goods or services which may be relevant to your residential investment property or to your personal or lifestyle needs or to other services PLAB offers.
Disclaimer and limitation of liability
The Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by PLAB of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). PLAB does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) PLAB and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) PLAB does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) PLAB does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not PLAB ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of PLAB ) will PLAB be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, PLAB 's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of PLAB to, in the case of services supplied or offered by PLAB, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by PLAB , (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by PLAB, and PLAB may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all PLAB disclaimers and limitations of liability set out in the Terms of Use will survive.
Force Majeure
In these Terms of Use, an event of "Force Majeure" is any event or circumstance not within the reasonable control of the party affected by it (the "Affected Party"), including:
(a) acts of God, including storms or cyclones, action of the elements, epidemics, landslides, earthquakes, floods, road closures due to washouts or impassability and natural disaster;
(b) strikes, stoppages, restraints of labour, or other industrial disturbances, other than those excluded from the definition of Force Majeure under this agreement;
(c) acts of the public enemy, including wars which are either declared or undeclared, blockades and insurrections;
(d) riots, malicious damage, sabotage and civil disturbance;
(e) accident (including accidental emissions of pollutants of hazardous substances), fire, explosion, radioactive contamination and toxic or dangerous chemical contamination;
(f) the adverse application of any laws or enforcement actions of the Commonwealth or of any State or their courts or Governmental agency not resulting from any wrongful act or omission of the Affected Party;
(g) the refusal of or delay in obtaining any necessary consents from any Government agency, provided that the Affected Party has acted in a timely manner in endeavouring to secure them;
(h) catastrophic failure of, the breakdown of or accident to any computer, hardware, software, software application, database, network, internet service provider, mobile network, plant or machinery;
(i) the breach by any third party supplier of its obligations to supply goods or services to the Affected Party, provided that the Affected Party has acted in a timely manner in endeavouring to secure such supply, and provided that the Affected Party itself is not in breach of any relevant obligations; and
(j) any production shutdown or interruption which is validly required or directed the Commonwealth or of any State or Government agency which is not due to the act or default of the Affected Party, which the Affected Party is not reasonably able to prevent or overcome, or the effects of which the Affected Party is not reasonably able to predict and take measures to avoid, by the exercise of reasonable technical and commercial diligence and prudence.
The following matters shall not constitute Force Majeure:
(k) the lack of funds or inability to use any funds; or
(l) strikes or other industrial disturbances only affecting the personnel of the Affected Party.
An Affected Party shall be excused from performance of, and shall not be liable, to any other party for any failure in carrying out any of its obligations under these Terms of Use if, and only to, the extent and for the time that it is prevented in whole or in part from doing so by Force Majeure.
An Affected Party claiming the benefit or protection of Force Majeure shall:
(m) promptly give notice to the other Parties of the occurrence and circumstances in respect of which the claim of Force Majeure arises;
(n) take all reasonable steps to ameliorate and remedy the consequences of that occurrence without delay;
(o) maintain regular communication with the other Parties to describe what is being done to remedy the Force Majeure; and
(p) resume performance in full of its obligations under these Terms of Use as soon as reasonably practicable, but the settlement of strikes, lockouts, or other industrial disputes or disturbances which constitute Force Majeure shall be entirely within the discretion of the Affected Party may refrain from settling the strike, lockout or dispute or may settle it at such time and on such terms as it considers to be in its best interests.
Miscellaneous
PLAB relies on your continued observance of these Terms of Use. If PLAB suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify PLAB for those losses, damages and costs.
You must notify any changes in your business name, bank account, ABN, GST registration status, email address, contact person or office address in writing promptly and within 5 business days of the change.
PLAB reserves the right to change the Website, products or services (including format, design, scope, etc) at any time. PLAB will use its reasonable endeavours to give you advance notice of any material changes that it makes to its Website, products or services.
The terms of the Payment Refund and Online Subscription Delivery as found below form part of and are incorporated into these Terms of Use. To the extent of any inconsistency or conflict between the terms of these Terms of Use and the Online Subscription Policy, these Terms will prevail over the Online Subscription Policy.
PLAB reserves the right (but has no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material that you make available or attempt to make available via the Website that, in our opinion, breaches this agreement, has the potential to harm, endanger or violate the rights of any person or may otherwise be damaging to PLAB's reputation.
This agreement will be governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
